Old pgdi system.
Sameer
(Querist) 06 November 2014
This query is : Resolved
Madam,
A partnership firm run by the 5 brothers elder and youngest brother arranged a flat of 1600 sq ft on old pagdi system for the accommodation of two brothers, these two brothers lives peacefully, but due to my mother illness we moved to our native for 8 to 9 years but my father was residing there, flats papers was stands on the name of firm or in second case on the name of elder brother, after demise of elder and youngest brothers, after my graduation i came back want to stay there but my father and me not allowed to do so, after this i inquire to the landlord about flat papers he confirm me that flat was still on the name of firm,he said they had tried to get transfer papers but landlord said i denied them, now i come to know that they managed to transfer electricity bill on there name, After demise of the landlord one son out of 4 sons handling this building matters he is a greedy person we fear IF by offering some more money to this landlords son they managed to get transfer flat tennecy on their name. Now This building is under redevelopment and they are getting 2200 sq ft flat there, How we protect our legitimate right? What action should we take & how , To whom we should approach, please guide us.please reply me on my email nkspr@rediffmail.com i will surely contact you after getting reply from you.
Regards.
sameer
Sir,
First Thanks's for the paying attention on my query, but if you dont mind i would like ask you or want to add some more fact in my above query as under.
My above mention flat is on the name of elder brother who is the partner of the said firm in which all 5 brothers is partners.I come across some more facts about this firm, such as As i mention above that elder & youngest brother among five brother who are all partner in a partnership firm had arranged said flat, were childless & as per Muslim personal law if a don't have issue than all his assets distribute in his brothers, so this flat all remaining 3 brothers got equal right. But one brother managed get tennacy right transferred on his name fraudulently by duplicating elder brother signature, Now Building is going in redevelopment and this brother getting around 2000 sq ft flat alone,this is i come to know few days back.Sir, How can remaining two brother get there share in this flat, what action can be taken against this brother & landlord pl direct us.
Regards.
ajay sethi
(Expert) 06 November 2014
if flat is in name of partnership firm it cannot be transferred in name of only 2 brothers . on redevelopment allotment will be again made in favour of firm only . issue notice to legal heirs of landlord not to transfer tenancy rights in favour of 2 brothers . you can also seek an injunction from court in this regard
Kishor Mehta
(Expert) 06 November 2014
Sir,
Very aptly advised by Shri Ajay Sethi.
It will be additionally helpful if:
[1] there is a partnership deed citing the names of all the partners,
[2]if the partnerchip is registered with the Income Tax department,
[3] if the partnership is registered with Shops & Establichment department.
Good Luck,
Kishor Mehta
Surrender K Singal
(Expert) 07 November 2014
For litigation by any partnership firm, it needs to be registered with Registrar of Firms;
malipeddi jaggarao
(Expert) 07 November 2014
@Mr.Surrender K Singal - No member of an unregistered firm can enforce his rights under the partnership contract against either the firm or any present or past member of it, nor can the firm sue its customers on their contracts. The firm remains liable to be sued by persons outside it, and cannot plead a set-off. Only suits for dissolution of the firm, and the powers of official assignees under the Insolvency Acts, are exempt from the prohibition.
Hence if the firm is not registered, the partner can not rush to the court against the firm for protection of his rights.
If it is registered one he can seek the injunction as advised by expert MrAjay sethi. His suggestion to serve a legal notice on landlord not to transfer tenancy rights in favour of 2 brothers may work out.
V R SHROFF
(Expert) 10 November 2014
fIRM WILL BE BENEFICIARY OF THE rEDEVELOPMENT.
cHG pARTNERS ONE BY ONE TO TRF WITHOUT TRF FEES. REGD IT
Sameer
(Querist) 10 November 2014
Sir,
First Thanks's for the paying attention on my query, but if you dont mind i would like ask you or want to add some more fact in my above query as under.
My above mention flat is on the name of elder brother who is the partner of the said firm in which all 5 brothers is partners.I come across some more facts about this firm, such as As i mention above that elder & youngest brother among five brother who are all partner in a partnership firm had arranged said flat, were childless & as per Muslim personal law if a don't have issue than all his assets distribute in his brothers, so this flat all remaining 3 brothers got equal right. But one brother managed get tennacy right transferred on his name fraudulently by duplicating elder brother signature, Now Building is going in redevelopment and this brother getting around 2000 sq ft flat alone,this is i come to know few days back.Sir, How can remaining two brother get there share in this flat, what action can be taken against this brother & landlord pl direct us.
T. Kalaiselvan, Advocate
(Expert) 11 November 2014
You have to approach a court of law with an application for injunction against the proposed move by one of the brothers, consult a local advocate and move further.
Sameer
(Querist) 11 November 2014
Can we manage to stop the deal between developer and the landlord.
