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 8 years ago in Family Law
Religion: Hindu
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 8 years ago
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 6 years ago
Regarding the above partition suit
1. A) Injunction order initiated by my brother to not to sell any properties of mine was passed by court and we accepted it through MEMO with condition that he will cooperate for giving evidence and for disposal of case within 6 months....
B) As a result judge has granted injunction order but without considering the memo condition and granted injunction order not to alienate suit schedule properties up to case disposal to both parties.
C)Injunction order is applied only to my self acquired properties and not my brothers.we are not fighting for his self acquired property and also it is not in suit schedule property list.
2. After 6 moths I applied for dismissal of injunction order as memo was applicable only for 6 months but judge dismissed IA.So we approached High court and applied for speedy disposal and cancellation of injunction order but matter is not reaching High court since 1 year .
At present KGF COURT is giving dates and dragging the case.
And in Bangalore High court my matter is not reaching.
Please suggest best solution for this deadlock situation.
3.Since 1.5 years my brother is delaying and dragging the case by sending notices to the people I have done land transactions before (sending notices to people from whom I had purchased land)
Court is sending Many number of notices but willfully they are not receiving as those parties are not linked either to me or to my case.But yet court is keeping on resending notices uselessly.
4.Since 3 yrs he is not presenting any evidence to court deliberately and passing time by sending unwanted notices. Please suggest way out from this delay.
5. My mother who is party in this case is a senior citizen and bed ridden unable to move
Is her witness necessary in our case?she is defending us.
My mom cannot travel from Bangalore to kGF court.
How to take witness and evidence from her as quickly as possible?
Please give solutions to resolve and dispose.
Asked 5 years ago