• Family business issue

Dear Sir,
I am vinoth kumar,a B.E graduate worked for a software concern for 5years.As my father is a business man running Rice manufacturing company ,i was supposed to continue his business widely.Entered the business market in 2010 ,vigorously worked hard and developed the concern one among the top.updated machinery worth 60lakhs funded by reputed bank and closed the loan successfully.
Was planning for the next update and development ,we both got into misunderstanding on nov 2017 and their arised many problem.Atlast ,i was in a position to come out of the company and house.without any financial support ,only with the experience and friends support took my step right and withstanded of my own.
But ,i fell much worried on the concern i developed without any other expectation.
It was ideal for last one year,as my father was unable to run it .
Now,he has planned to lease the company to another concern and the work is in process.As he want to win me ,he has voluntarily given many unconditional promise to tenant.
Which will lead the property in problem.
Can i have legal rights to claim on the property.
The property is in my mother name ,Business is in father name.
I was holding mandatory signing rights to manage the business.i spent 8years and developed the property.
I have increased the turnover ,milling capacity ,worked very hard sacrifying my sleep,hapiness,enjoyment.
My dream got collapsed due to my father untrusty words.

I need to do something,is legally anything can be done.if so,plz let me know the path way to do.

I have invested my hard earnings from software concern to the company.But when words came out worst...just left calm because of the true love i had.
But ,now i cant control my feelings.i feel like some one harassing my rights in front of me.
Plz guide me to move further.
Thanking you
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

Since property is in mother name  and business on father name you cannot claim share in property 

 

2)there is no agreement between your father and you for your share in business 

 

3) you can file suit seek injunction restraining father from giving premises on lease as you have invested Rs 60 lakhs in business 

 

 

Ajay Sethi
Advocate, Mumbai
99952 Answers
8158 Consultations

How did your mother acquired interest over this property?

As it is your mother's property and developed out of joint labour you are entitled for preferential rights.

My number is available in google .

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

See since the property is name of mother and father owns the business they can lease it on there will and through court also it wont be possible to interfere in same.

what I can suggest is you can talk to your father and you can take the property on the lease. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You don't have any right in the said business so going to court will be futile.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file a suit and take injunction .you can also pray for withdrawal of your machinery

Prashant Nayak
Advocate, Mumbai
34639 Answers
249 Consultations

1)If the property belongs to Ancestral then you can claim your share.

2) if property is self acquired by your parents then you cannot have any rights in his/her.

Mohammed Mujeeb
Advocate, Hyderabad
19364 Answers
32 Consultations

1)You don't have any rights to stop leasing process. 

2) in your parents lifetime you cannot have any rights. 

Mohammed Mujeeb
Advocate, Hyderabad
19364 Answers
32 Consultations

you can file suit seek injunction restraining father from giving premises on lease 

 

2) take plea  that you have invested Rs 60 lakhs in business 

Ajay Sethi
Advocate, Mumbai
99952 Answers
8158 Consultations

Hi,

You may ask for your share/stake in the concern by showing the proof and works done by you. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

Legally without any documentary evidences to support your claim you may not be able to file any case against your father or the business you claim to have developed.

Since legally it do not belong to you, yo have no rights to file any case however if you have records for developing it as an employee and that you have never been paid any salary, you may plan to file any case on that line to trouble and harass your father so that he may come down to certain extent. 

You may discuss with  a local lawyer and plan things to suit your desire.

 

T Kalaiselvan
Advocate, Vellore
90151 Answers
2504 Consultations

You cannot stop your father from leasing out the property

How you prove your work depends on what items that you rely upon to prove that you were involved in the development of the said business.

T Kalaiselvan
Advocate, Vellore
90151 Answers
2504 Consultations

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