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amit kumar (abc)     06 June 2010

FALSE ALLEGATIONS

SIR, OURS IS A JOINT BUSINESS OF BRICK MANUFACTURING. FOR THE LAST 10 YRS ONE OF MY UNCLE IS RUNNING THE BUSINESS. MY FATHER IS 4 BROTHERS AND 3 SISTERS. FOR THE LAST 5-6YRS WE (MYSELF , MY FATHER , MOTHER. SISTER AND BROTHER) IS PROVIDED WITH NOTHING( EDUCATION,FOOD,CLOTHING ETC.) . EVERY YEAR THEY SAY "BY THIS YEAR END THE WHOLE PROPERTY WILL BE PARTITIONED SO WAIT TILL  THAT DATE", BUT NOTHNG HAPPENS.

MY UNCLE(AND OTHERS ALSO) DO NOT HAVE ANY POWER OF ATTORNEYTO RUN THE BUSINESS, THEY ARE RUNNING THE BUSINESS BY SHOWING "DADAGIRI".

NOW MY FATHER FILED A CASE FOR PARTNERSHIP SUIT. NOW THEY HAVE FILED A PETITION WITH HUGE NO. OF FALSE ALLEGATIONS LIKE...............,

WE HAVE SHARES WORTH CRORES,

PROPERTY WORTH CRORES,

THAT THEY ARE NOT RUNNING THE BUSINESS BUT MY FATHER WAS, AND THEY JUST STARTED TO RUN FOR THE PAST 3-4 YRS.

THAT THEY ARE PROVIDING US WITH RS.10000 MAINTENENCE EVERY MONTH TILL INCEPTION.

 THAT WE ARE TORTURING OUR GRAND MOTHER ( SHE IS ALSO WITH THEM) ETC.

 

BUT ALL THESE ARE NOT TRUE, WE EVEN HAVE SOME PROOF TO DENY ALL THESE.

MY QUESTION:

1. HOW TO REPLY TO THIS PETITION.

2. WHETHER I PROVE ALL THESE FALSE OR WAIT AND ASK THEM TO PROVE IT.

3. CAN I DEMAND FOR INJUNCTION ON THE PROPERTY. HOW?

PLZ REPLY . IF POSSIBLE TO EACH OF MY QUESTION IN DETAILS. THANK YOU.

 

 



Learning

 1 Replies

Devajyoti Barman (Advocate)     06 June 2010

1. Wihtout seeing the petition it is difficult to guide you make the reply. But broadly speaking apart from denying the allegation you can make a counter claim.The burden of proof is upon the plaintiff only.

For a counter attack and to establish your right in the property , your father can file a suit for partition of the joint business or if it was partnership then for dissolution of the firm and for settlement of accounts.

If it is joint ancestral business then file immediately a suit for partition and pray for injunction in the same suit and for appointment of Reciever for keeping acccounts of the business.


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