My father has made my brother & his wife the partners of his whole business and have excluded his wife and two daughters .The business includes land on which the building of a running manufacturing business stands . There is a bank loan of 3 karore on the business .Currently one unmarried daughter and wife live in the building as well .Second daughter is married and lives abroad .What legal rights the daughters & wife have in this matter as they have no source of income ?
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1) during father lifetime wife and daughters have no share in father business
On demise of father his share in business would devolve on wife , , son , two daughters equally
Wife can claim right to stay in the the matrimonial home seek maintenance from husband for herself and unmarried daughter
The wife and the unmarried daughters are entitled to be maintained by the husband/father and it is his obligatory duty to maintain them.
However these people canot claim it as a right to claim a share in the property or business or in its profits during the life time of the father/husband.
They have residential rights but they cannot claim a share in it as a right.
It is the discretion of the father to transfer or administer his business in the manner he desires and decides, nobody can interfere in his decision nor they can legally restrain him from doing any such thing which is detrimental to their interest if at all they do not have any right to claim an interest over it.
However you may consult a local advocate who may suggest some ideas based on the prevailing situation.
1. The immovable property belongs to you father on which he has started his business taking your brother and others as partners of his said business.
2. He is within his rights to take anybody he wishes to as partners of his business and also can start his business on his property for which no body can agitate.
3. During the lifetime of your father, neither his wife nor his children can claim any share of his property.
4. As such the daughters and wife of your father has no right on his immovable property or his partnership firm during his lifetime.
5. If he dies intestate, all his legal heirs can claim equal share on his immovable properties and his share of the partnership firm.
My father has already made my bother and his wife (my sister in law ) legally the partners of the business and removed himself being a partner in the company himself . The immovable property is also in the name of business . There is nothing in my father's name as an individual . In this case after his demise ,what rights his two daughters ( one married and one unmarried ) and wife will have when he has not made any will as he told us that everything is just under business , and my brother and sister in laws have been made partner of the whole bussiness ?
If the property is not in your father's name then how do you expect him to allot you a share in it or how do you think you can claim a share in the property of the decesed person when literally he did not have any property on his name before his death.
If you cannot understand the law or logic then you will be the sufferer.
You can ask your father even now to make some arrangement to others since he has not allotted anything to his other dependents.
Legally you cannot claim any share in his property even if he has any during his lifetime.
it is your father self acquired property
2) during his lifetime he is at liberty to retire as partner in business and make your brother and sister in law partners of the business
3) on his demise if there is no immovable property standing in father name you would not get any share
1. if it is family business then you can claim share in the profit but if it a company then you cannot claim so.
2. you are entitled to get equal share in the self acquired property of your father if father dies intestate.
3. at present wife and unmarried daughter can claim maintenance under section 125 crpc.
1. It appears that the properties are in the name of the partnership firm wherein your brother and his wife are the partners whereas your father has resigned from the partnership firm.
2. The said partnership firm has a separate legal entity which owns the said properties in question.
3. The firm is owned by the said two partners being your brother and his wife.
4. There is no way you can lay your claim on the properties owned by the said firm partnered by your brother and his wife.
5. The above is the reality which you shall have to accept.