The premises was bought by you jointly. Now she entered into a partnership agreement with you but later on retired. A deed also exists as well as a deed of dissolution. File a declaratory suit and a permanent injunction application against her based upin these documents.
Retired partner does not fulfil liability to sign for removing her name from property
I am running a hardware shop which was a partnership firm(not registered) with my cousin's wife(bhabhi)commenced by buying a premises from a builder in 2000. The said partner was retired in 2003. Since Partnership was not registered the deed of dissolution was also on a stamp paper of Rs 50/- only. The retiring partner had taken compensation for the premises and had given in writing that she had received full compensation and I am now(after 2003) is sole owner of the shop, business and the premises. Now I want to sell the shop with premises but the retiring partner who now lives in US has come on visit but refused to sign the agreement for registering the Deed for the premises. She is brining in other Fake ancestral disputes as guise not to sign. What are my legal options before she moves back to US?
Asked 5 years ago in Property Law
Religion: Hindu
13 Answers
Can I get a stay on her return to US? She earlier agreed to sign and therefore I even paid the Stamp Duty for Registration DEED but now with instigation of my younger brother she refused to sign. My brother and I have litigation going in court for ancestral property which he has usurped creating fake Will. He is local person and buys out every person locally while I live in a distant city and he is trying to take advantage of that to grab my part of ancestral property. I even involved our common relatives but she did not budge with advise from my brother. Is the Rs 50/- stamp paper of deed of retirement of any value to me legally? What kind of legal remedy do I have?
Asked 5 years ago
Yes that deed is very important and is a significant piece of evidence. The dispute between your cousin and you is the reason for thw current dispute. State this in the present case.
File a criminal complaint against these people for fraud criminal breach of trust abd cheating.
If you have documentary evidences to prove that on retirement from this partnership business she was paid all her shares including the compensation for the immovable property.
However if the property still lies on the company's name her consent or a joint registered transfer deed is to be executed for alienating the property.
You may first issue a legal notice demanding her to cooperate for the sale of the property or to execute a relinquishment deed to enable you to sell the proeprty, failing which you can file a suit for declaration of title on your name on the basis of the dissolution of the firm and the devolvement of the property on your name consequent upon.
The dissolution of partnership firm on an unregistered deed can be used as an evidence to prove the dissolution of the firm before court of law though it cannot be enforced.
You may issue a legal notice as suggested in my previous post and follow it by filing a suit as suggested
You may have to be present physically or entrust the task of prosecuting the case to a reliable person in India to represent you in your absence before court of law on the basis of your power of attorney agent
1) file case of cheating against her under section 420 of IPC as she has received full compensation but is refusing to register deed of retirement from partnership
deed of retirement should have been registered
you should it with registrar of firm to prove that sister in law has retired as partner from firm
Dear Sir/ Madam
The stamp paper of deed of retirement holds a high evidentiary value as you don't possess any other documents to support the retirement of the partner's claim. In order to obtain the consent, you can send a legal notice to her o execute a relinquishment deed to enable you to sell the property. if she fails to reply, you can file a declaratory suit and a permanent injunction application against her.
Can I request court for the impounding of her passport so that she does not run away back to US?
Asked 5 years ago
her passport would not be impounded
As the partnership was not registered the property in all probability is in joint ownership. You have to file suit for declaration of ownership with the help of retirement deed against the retired partner. There is no shortcut. For that purpose it is not necessary that the defendant should be in India. A suit for property in India can be filed against nri also with the same effect as filed against resident.
She cannot be restrain from travelling abroad unless there is non-bailable criminal complaint is pending against her. The remedy is as stated earlier, declaration suit. There is no other solution. Retirement deed on 50 Rs. stamp is valid and enforceable document.
Impounding of passport is not granted in cases of civil nature coz, civil remedy can be very much pursued against nri. You cannot make a prayer to court to court to impound passport.
Even court do not have powers to impound passport.
The passport authorities only can initiate action to impound passport under section 10 of the passport acts for the reasons mentioned therein.
If she is running back to US then you can proceed with the pending case as per law.
- Since , she has already given her statement in writing for releasing her share in the partnership business , and further executed dissolution of firm , then legally she cannot refuse to give her consent , and restrict you for selling that property .
- Hence, you have your right to sell that premises , and if she creates hindrance then file a Permanent Injunction suit against her with the address of India for getting order in your favour .
