Is ours a Hindu joint family?
My father started a proprietorship firm with his own efforts,without any inherited property from 1972 to 1982,in 1992 my father with the intention to expand the business he added myself and my elder brother as a working partners without any capital,he divided the profits in the ratio 40%:30%:30% respectively.we filed individual income tax files since we entered in to the partnership.In 1993 my father and elder brother were released from the firm by signing a dissolution of partnership and I also settled the amounts as per the balance sheet and now I became the individual proprietor of the same firm,my elder brother separately started his own business in name of his own proprietorship firm.All of a sudden after 22 years after my fathers death in 2013 my brother claims my property and property in the name of my wife along with my fathers property.He has lodged a partition suit in the court according to hindu joint family demanding 1/3rd share which I have earned with my own efforts. please tell weather ours is hindu joint family,and further what action should I take?
As I am looking for a good lawyer who can provide us a permanent solution as soon as possible.
Asked 2 years ago in Family Law from Bangalore, Karnataka
Hi, what you earned from the businesses it will not constitute as a joint family property and it is your self acquired property so your brother has no right to claim the property.
2. Your father and your brother has retired from the partnership while executing deed of retirement so now he can't claim the property.
3.Contest the case through Advocate you have good case on merits.
A SMALL NOTE-THE EXPANSION OF FIRM WAS IN 1983 NOT IN 1992.
and 1 more question- In this case can the court pass injection order for my personal properties?
and what is the procedure to dismiss the case at this stage?
Asked 2 years ago
You should first file a caveat petition before the court in order to not to get an exparte injunction order against you.
Then challenge his claim for partition etc.
The property is not a Hindu joint family property and does not come under such clauses based on your contention.
Your brother cannot claim any share in your self acquired property though he may claim a share in your father's property as a legal heir.
You have to consult a good lawyer and explore the possibilities to settle the issues amicably and if not possible can challenge the case in the court if he files one.
1) your brother has no share in profits earned by you on your own accord
2) partnership has been dissolved and deed of dissolution made and accounts duly settled .
3) rely upon dissolution of partnership and other documents in your favour in your defence
4) contact a local lawyer in this regard
1) court wont dismiss case at this stage .
2) court may not grant stay order if you produce dissolution of partnership deed and settlement of accounts statement
3) suit would take some years to be disposed of
1. Consequent on the release of your father and elder brother you became the sole proprietor of the firm. The joint character cannot be assigned to the property.
2. If your brother has filed for partition then he would also seek an injunction against you. You should engage a lawyer to enter defence to rebut the claim of your brother.
3. The procedure to have the case dismissed is to show lack of legal merit in the claim of your brother.
1.Hope you have sufficient documents evidencing that the partnership firm was dissolved by paying the share of the partners being your father and brother,
2. If that is so, then the said firm is a proprietorship firm standing in your name,
3. You shall have to contest that the said Firm was not part of any joint Hindu Familly Business run by your family.
1. You can not dismiss the case filed against you,
2. You shall have to submit your written reply to the said partition suit filed by your brother and the Judge will either dismiss the case or allow partition,
3.Engage a lawyer having expertise in this field to contest the case fittingly.
Regarding the case explained above of partition suit,I am required to file all the ORIGINAL SALE DEEDS and ORIGINAL DOCUMENTS in respect of my properties to the court.But my opponent is a highly influenced person,who can misuse the court. So I am worried to submit my originals to the court.
1.For this reason can I submit any other document like Notary or certify copies instead of original documents or please suggest other options.
2. Is it safe to submit my original documents as it is the only strong proof regarding partnership deed and dissolvation of partnership and sale deeds I have or please suggest the alternative.
3.What precautions and things to be taken care If at all I need to submit my originals?so that it doesnot create problem in the future if i lose them?
4.will court take complete responsibility of my original documents without sharing with others and keep it private and safe guard it or there is chances of losing it,As in my friends case the documents were misused.
Asked 7 months ago
You have to submit original documents as per court directions
2) it is safe to submit original documents in court
3) court safeguards original documents
1. Report to the police that the said original documents are missing or misplaced from your custody.. Thereafter collect certified copies of the same and hand them over to the said bank, Release a paper publication also to that effect. keeping the originals with you.
2. The Court will acknowledge having received your said documents but those documents can be misplaced by the Court authority. So, follow the procedure suggested above.
3. You should file the certified copies only after reporting that the originals have been misplaced by you.
4. It will be acknowledged that the Court has received the said original documents but it may also acknowledge that it has lost/misplaced those documents.
1. You can file the certified registration copy of the sale deed instead of the original for the present and can produce the same before court at the time deposing evidence for comparison with the original.
2. For the present you can submit the photocopies too, and can produce the original at the time of trial or deposition of evidence for comparison with the original.
3. Alternately you can submit the original documents with the court, get a certified copy of the same by filing a copy application, fie a petition seeking permission of court to replace the original documents with the court certified copy of the documents by retrieving the original documents from court if you apprehend the safety of the document in the court.
4. The court document will not be missed, if so, then it is the responsibility of the court