• Guide me urgent help


My name is Hemanth, my email I'd hemanth0514@gmail.com 

Me and my brother started a medical distribution business in 2011. At that time as per my astrologer and family put my brother name registered in business. 

Now all the business documents on my brother name. Now he is not accepting my paternship and capital. 

But in the society everyone knows about my contribution in business and capital, and they are ready to tell about my contribution in front of court and other lawful places. 

Please guide me to do take action under Indian law ??
Asked 2 years ago in Business Law from Vijayawada, Andhra Pradesh
1)you have not executed partnership deed wherein both you and your brother have 50 per cent share

2) entire business has been carried on in brother name 

3) all documents are in his name 

4) court goes by documentary evidence on record which is on your brother name 

5) it would be difficult for you to claim 50 per cent share in medical distribution business 

6) please clarify  whether capital contribution was by cash or cheque 

7) how has it been reflected in yours and brother income tax returns ? 

Ajay Sethi
Advocate, Mumbai
38890 Answers
2184 Consultations

5.0 on 5.0

1. It appears that the business is run under sole proprietorship of your brother.
2. If that is so then your contribution in the business as partner will not be considered.
3. Only if you could prove that you had lent capital to your brother you can file suit for recovery of the same. But in no event your claim for share in profit would be considered.
Devajyoti Barman
Advocate, Kolkata
10809 Answers
134 Consultations

5.0 on 5.0

What are the documentary evidences available with you other than witnesses?
Though the business documents are on his name and the company's registration also done on his name, and it may  be a proprietorship company too, do you have any evidence for funding or investing your money into the business?
Have you been working with him in the said business,do you have evidence for that, if so whether any salary r other withdrawals were made by you which reflected in the books of accounts ?
Whether your capital found place in the annual audit report?
You may collect all these evidences and with the help of an advocate as well as an auditor, create substantial evidence and file a suit for recovery of your profits in the business as well as to withdraw your capital from the firm due to cheating, fraud and other undesirable activities of your brother in the company.
T Kalaiselvan
Advocate, Vellore
28885 Answers
300 Consultations

5.0 on 5.0

partnership firm may be dissolved or alter on many grounds. you should enter another ostensible partner and dissolved or alter this partnership.  
Shivendra Pratap Singh
Advocate, Lucknow
4809 Answers
72 Consultations

4.9 on 5.0

The courts decide cases on the basis of documentary evidence. If the business is registered in your brother's name then you cannot claim partition except if you can prove the investment of money in the business. So do not go to court if you do not have the documentary evidence to prove your contribution to business and capital. 
Ashish Davessar
Advocate, Jaipur
21840 Answers
595 Consultations

5.0 on 5.0

what are the disputed pending between you and your brother?

Nadeem Qureshi
Advocate, New Delhi
4491 Answers
204 Consultations

4.9 on 5.0

1. Only oral evidence of your society people stating that you have contributed to and are the partner of the business which is in the name of your brother will not help you legally,

2. Collect evidence that you have put some capital in he said business and then claim your share in the business,

3. Without any documentary evidence, it will be difficult to win the case against your brother.
Krishna Kishore Ganguly
Advocate, Kolkata
16144 Answers
391 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer