My father died with several properties And business firms. however forged will was produced in court stating shares worth few lacs in his name. In partition case reply is all properties in his name is firm property. in firm balance sheet no such properties are mentioned. My father`s share in the firms are taken by other partners (my brothers) by reconstituting firm with surviving partners. ROF accepted it as reconstituted firm though it was partnership at will . No separate account of deceased is kept and all assets and liabilities taken over by reconstituted firm at book value. on my complaint income tax has informed me action against firm is initiated under sec 148 of income tax act . Can I file writ or article 226 or 21 or otherwise with direction to different authorities on 1. To conduct inquiry on all properties held by my father in his name And take over all these properties as my brothers are claiming he left with nothing out of his self earned income except shares worth few lakhs as mentioned in will. 2. To direct ROF to deregister reconstituted firm as false information was submitted by surviving partners . 3 To direct income tax dept to conduct speedy inquiry on tax evasion petitions submitted by me. 4 To conduct inquiry on forged will . Or suggest me way out what reliefs should I pray thru my writ petition from jaipur high court.
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1. The writ jurisdiction of high court does not encroach upon disputed question of act. It has its effect on the malfeasance or misfeasance of public authorities. If IT authorities is not taking action on your complaint on this issue alone the writ petition will not lie.
2. You will have t file a civil suit for this and not the writ petition.
3. Yes, it can be done.
4. No, for this both civil suit and criminal case will lie.
HC would not entertain writ where there are disputed questions of facts involved . It would not direct inquiry as to properties held by your father
2) it would direct you to agitate the issues in suit for claiming your shares and to prove that will is forged
3) you have already filed complaint with income tax authorities and they have acted on your complaint
4) if it is proved that false information has been submitted form would be de registered by registrar of firms
Dear client,
Above dose not cover under writ jurisdiction but civil suit and criminal complain of cheating and forgery. Legal heirs of deceased partner has right to be substituted and access to firm's accounts.
All remedies are available through civil suit.
1. You can file a writ petition if you have exhausted the remedies available under company law before NCLT.
The reliefs can be sought as per prevailing circumstances.
2. This relief can be sought provided the ROF has not responded to your complaint in this regard and failed to redress your grievances.
3. This may not be necessary.
4. You can challenge the will in the regular court of law.
Hello,
A writ petition in this case will not be maintainable.
First approach the authorities and ask them to take action and if they do not take any legitimate option then you may go ahead and approach the HC for a direction that they be directed to perform their official duty.
Regards
Yes a writ can be filed but see there are alternate remedy available as for the Firm you can file a suit in the civil court for your share on demise of the property , further a representation before registrar against wrongful reconstitution civil court can give direction to him.
Further for the forged will a FIR can be registered with the police against the brothers .
Also in the income tax proceedings you are not still party so in that direction cannot be taken by you.
For police and registrar a writ can be filed and direction can be taken.
When a partner dies, the firm automatically gets reconstituted
However if the legal heirs of surviving partners are excluded then they have to file a suit
A writ court cannot conduct inquiry on allegations of a forged Will
For that a suit needs to be filed
You can challenge any order of income tax authority but not the show cause notice. Let the authority first decide on the issue and then you can challenge its order
a writ cannot be filed as the matter is between private parties and therefore there is an alternative statutory remedy available and hence you should go before that forum. after filing the case in the appropriate forum, you can come to the HC in case of any directions that have to be issued to the tribunal and in case the authorities are acting in a prejudicial manner.
regards
