• Its injustice with me as we have family business

Dear sir/ madam my name is Mohammad Faisal Ashraf I am working with my father at physical therapy ,acupressure Naturopathy center from last 20 years and we have hotel business. By that business we make other property with good infrastructure which is presently new building and one newly house and land. There was also other share of my parents as they were government service after retirement the got money which was also shared in New properties . Now they marriaged me by there own choice and they start hurting my wife as she is servent according to there mentality.
When I start to talk in favor of my wife my father is warning me every day I will through out you in every share as I have another brother he also torcturing 
My family as I have a son of 7 years I worried about my sons future. 
Is it possible I can bring stay order of our business as a disputed property because I get threatened again and again that I will not give you any share now they put out from house with my family. Now I m living at in-laws home. How can I get justice please advise me I am suffering a lots.
Asked 6 years ago in Family Law
Religion: Muslim

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8 Answers

1. Under sharia  a father cannot transfer more than 1/3rd share in property to a person of his choice.

2. So in other words he can not deprive you wholly and your share in the property is fully protected.

3. However to avoid future hassles you can file a suit for partition to claim your due share.

Devajyoti Barman
Advocate, Kolkata
23669 Answers
538 Consultations

if it self acquired property of your parents, they have every right to deal with the said property as per their wish.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

See if the property is not in your name or business is not in your name you cannot claim same though if it us in your name then you can seek partition and share in the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can get a stay order from civil court

Prashant Nayak
Advocate, Mumbai
34739 Answers
251 Consultations

You would not get stay order of business is standing in your father name 

 

further father retirement money has been invested in business 

 

if yiu are co owner of property you can file suit for partition for division of property by metes and bounds 

 

seek injunction restraining sale of property 

Ajay Sethi
Advocate, Mumbai
100075 Answers
8172 Consultations

For what ever you have contributed shall belongs to you. Profit earn from business and brought other property  from that profit, you have share as you may not be receiving salary but share in profit and from same profit other properties might purchased, hence you have ownership in it.

You can stay from court and can claim partition.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You can file a suit claiming your legitimate share in the business which you have been doing it with your father for the past 20 years in the capacity of working partner.

You consult an advocate in the local and proceed with a legal steps against your father.

Dont ever state that you were a  labour in that company.                                                                                                       

T Kalaiselvan
Advocate, Vellore
90278 Answers
2510 Consultations

  1. As per the information mentioned in the present query, makes it clear that you wish to claim your right in property as well as in business (please correct me if understood wrong).
  2. There will have to be seen as to the amount which has been used in setting up the family business come from.
  3. If the same come from ancestral property or through Male ancestors then you have a chance to claim your right as well as your son’s rights as separate share.
  4. Also if you have contributed something into the business then also you can claim right.
  5. Rest, would need many more information so that can provide exact advice.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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