What to do in this situation
Sir i have to ask a question. Before 17 years back my father"s elder brother and one of his friend started a business of cable operator in partnership.After one year both of them started working at different places so my father and that person"s younger brother started managing that business.About 10 years back my father"s partner stopped helping him in his work.My father was the only who was managing the business.Then after 4 years my father get indulged in drinking and stopped working for his business.The whole profit was nearly 14000 INR but that person was paying only 3000 INR till the next two years.After that he started paying only 2500 INR. During these Years he was only managing the business not working for it.HE employed a worker in place of my father and said us that he is working in place of my father.Many times we demanded for our half connections that we will also employ a worker and pay him from the money we get but he refused. Now that person stopped paying us.Instead he is not ready to break this partnership and now he has occupied the whole business.He is a very powerful man.man. Don"t know however but since he is paying for connections in office he started telling us that this property is of his own. Now tell me sir how to get our part back..
Asked 3 years ago in Property Law from Bilaspur, Chhattisgarh
do you have partner ship deed
Advocate, New Delhi
when business was started by your uncle 17 years ago with his friend was any partnership deed made? later when your father and his younger brother managed the business was any document executed between the parties
from the facts stated by you it appears that you dont have any documentary evidence to show that your father and younger brother were partners .it would be difficult for your father to claim any share in absence of any documentary evidence that can with stand court scrutiny
Was a deed of partnership duly made between your father and this man prior to the commencement of business? If yes, what is the profit sharing ratio mentioned therein? Does your father have in his possession any of the receipts whereby and whereunder his profit was paid out to him?
If your father has the documentary evidence to prove the partnership, the profit accrued to the business and the fact that his profit from partnership was not disbursed to him in full then he may bring legal action for recovery, else he has no remedy under law.
If there is no document to prove the partnership, then there is no way out legally.