• PIO and currently citizen of foreign national , running company in india

My father was running a business as a partnership firm with my mother , sharing 50 % each. My mother is suffering from mental illness for many years. One year back my father passed away. Myself, mother, one sister and one brother are the legal heirs. My brother settled in UK and owns the British citizenship.
After my father's death, Instead of rewriting the partnership deed including the legal heirs, my brother is continuing the firm with my mother signature& he appointed someone to manage. Since my mother does not have any knowledge ... She signs where ever he instruct her to. What are the legal opening to raise complaint on my brother who is the foreign citizen, I don't want to trouble my mother due to her mental condition.
Asked 2 months ago in Business Law from Chennai, Tamil Nadu

See you can legally file to dissolve the firm and divide proceeds thereof , further legal action can be taken against brother for cheating and illegally taking proceeds out of firm.

Shubham Jhajharia
Advocate, Ahmedabad
16161 Answers
66 Consultations

5.0 on 5.0

1. Lodge complaint with the registrar of form that a foreign national is running a partnership firm.

2. Thereafter file a suit for dissolution of the firm on the ground of nationality, mismanagement and fraud .

3. If there is n specific clause then on death of the partnership his legal heirs can be inducted as partner of the firm as well.

Devajyoti Barman
Advocate, Kolkata
16834 Answers
238 Consultations

5.0 on 5.0

You can  complaint about undue advantage taken by your brother but your mothers testimony is very important without it no case will be made out

Prashant Nayak
Advocate, Mumbai
9226 Answers
15 Consultations

4.8 on 5.0

when there are only two partners constituting the partnership firm, on the death of one of them, the firm isdeemed to be dissolved despite the existence of a clause which says otherwise.

 

2) in your case on father death firm  stands dissolved and brother cannot carry on business inmother name 

 

3) If there are only two partners, there must necessarily be dissolution on the death of any one of them and upon such dissolution; a new firm can be constituted with surviving partner and legal representatives of deceased partner.

 

4) issue legal notice to brother not to carry on business in firm name 

Ajay Sethi
Advocate, Mumbai
62505 Answers
3809 Consultations

5.0 on 5.0

Hello,

Send a advocates letter to the ROC and ask them to take necessary steps.

Regards

Swarupananda Neogi
Advocate, Kolkata
987 Answers
2 Consultations

4.8 on 5.0

Hello, 

Is the partnership a registered partnership ? 

You may raise your claim in the partnership and may file a suit with regards to the same. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
15920 Answers
235 Consultations

5.0 on 5.0

As a person of Indian Origin he can had the business interest in India in case you are not interested in that business you cannot make any claim as a stranger until and unless any of your interest is violated by the form the partnership in the form is dealt with the repatriation of the proceeds from the business and the RBI instructions are applicable in that case

Vimlesh Prasad Mishra
Advocate, Lucknow
4990 Answers
12 Consultations

4.9 on 5.0

After father`s death, all 4 will replace as partner, singly managing and appointing someone to manage firm affair is without any authority. You can complain to firm registrar or approach court for relief.

Yogendra Singh Rajawat
Advocate, Jaipur
10437 Answers
9 Consultations

4.6 on 5.0

If your brother was not a partner in the partnership business then he cannot run the business with the help of your mother alone without reconstituting the firm by including the other legal heirs of the deceased partner.

Generally, the partnership agreement will be dissolved immediately upon the death or bankruptcy of one of the partners. You will then owe your partner's estate a debt for their share of the partnership that accrues at the date of their death.

Dissolution of Partnership on Death of a Partner. When a partner dies, subject to any contract to the contrary, partnership is dissolved.

In fact since your mother is also mentally retarded, any transaction done by her or on her name shall be considered as invalid in law.

You can file a petition seeking partition and your legitimate share in the share of your deceased father.

In fact you have to apply for guardian for your mother since she is mentally incapable to look after her property as well her business on her behalf.

 

T Kalaiselvan
Advocate, Vellore
52562 Answers
632 Consultations

5.0 on 5.0

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