vikas khandelwal
(Querist) 16 December 2011
This query is : Resolved
This mail is in reference to My problems of joint family. I need your conselling in it. The issue is that My parents reside in village nearby Nagpur and I am 1000 Kms away. We have a family disputes there. due to which my father healths suffer. Those people are disturbing them. We are right now not able to shift them towrds us. All business are set up there by my father along with their brothers. Now there children are not giving them their share. We have a shop under my father name registered and we file return on his name. The balance sheet has been filed in his named to IT department. They are not ready to live them there nor they are providing there share.
Pls suggest me how to resolve this issue and fight for my parents rights legally.
Pls help me out as day by day situation gets worse.
Shonee Kapoor
(Expert) 16 December 2011
The father can legally sell the business with all goodwill and take the money and shift with you.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 16 December 2011
Your father should file a civil suit for injunction against such problematic persons and should restrain them to create any hindrance by way of force of court. As your father is absolute owner of the business so they can do nothing legally against him and their illegal activities can be got restrained by this way and even police help can also be obtained after getting stay order if any person still disturbs him. A contempt of court proceeding can also be initiated against them as per law.
My father is a younger among them. The house is not in his name. however he is running a another small business whose is not registered in any name. from last 11 yrs my father has been looking it.They are not ready for discussion and constructively resolution.
Guest
(Expert) 18 December 2011
Until you mention, how and when your relatives made an entry in to your father's business and shop, you may probably be hitting in the dark in solving the problem. So, please give proper detail about that. Also please intimate in whose name is the house registered, whether any brother of your father or the property is an ancestral property?
Shonee Kapoor
(Expert) 20 December 2011
If the father doesnot have legal means to enforce his stand on the home, then others also can enter using the same plea.
We have a joint family so all father brother are initially running the same shop which was registered in my father name. The house is register in elder brother name
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