• 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

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13 Answers

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.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

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

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

your mother should file application in HC seeking expedited hearing as she is a senior citizen and bed ridden 

 

2) commissioner can appointed to record her evidence by court 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

If the case is not being listed in the high court then you may have to ask your advocate to push it through  somehow or else you may approach the high court registrar with an application to bring the pending case in list owing to the urgency of the case in the trial court.

 

 

Sending notices to the subsequent purchasers or the persons who have transacted with the properties in any manner  is part of the rules  and procedures, which you cannot object  but to watch patiently.,

 

 

sending unwanted or wanted notices is  part of the court proceedings, you cannot avoid the delay in this regard.

 

 

You  may file a petition to appoint an advocate commissioner to record her evidence from home by paying the remuneration fixed for the advocate commissioner.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

1.    Court's Order of Injunction shall have to be followed till it is vacated.

 

2. Ask your Advocate to make a mention before the Judge of the High Court for bringing your matyyer in the list for eaerly hearing.

 

3. Court is sending notice based on whose application? the applicant shall have to take leave from the Court to publicise those notices in News papers for proceeding to the next step of the case.

 

4. Your Advocate shall have to draw the attention of the Court in this regard and ask for getting his right to submit evidence seized.

 

5. She shall have to file an application for appointing a Court Commisioner to collect her evidence at her bed side.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

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