Property sale - ex partnership firm

SANJEEV JAIN (Querist) 25 April 2012 This query is : Resolved

My father and uncle were 50:50 partners in a registered partnership firm. The said firm purchased a house in the firm's name some 30 years ago for it’s branch office. After the death of my father six years back, my uncle became proprietor of the firm as per Partnership deed, and sold that property four years ago without informing me. Sale deed was signed as “firm represented by its partner …” and not as a proprietor.
1- Can I claim 50% of sale proceeds as a legal heir of my father as per the partnership deed and his will ?
2- Since the property was sold as a “firm represented by its partner …”, whereas on sale date my uncle was proprietor of the said firm (admitted in Sale Deed also by himself), can this sale deed be declared as illegal or VOID ?
3- If yes, which sections of IPC will apply ?
4- PAN mentioned in the sale deed is of uncle’s individual and not of the partnership firm. Any criminal act, or violation of any law ?
5- Firm was registered in ‘A’ state and property was in ‘B’ state. Can I initiate legal action from ‘A’ state, where the firm was last registered ?
6- Yes, there are contradicting statements by him in Sale deed.
Thanks.

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Suhail A.Siddiqui (Expert) 25 April 2012
U MAY APPLY FOR SUCCESSION IN CIVIL COURT AND GET INJECUTION FROM SELLING PARTNERSHIP PROPERTY.

Raj Kumar Makkad (Expert) 25 April 2012
The sale is illegal. You can challenge it before civil court and can get it set aside and can also file a criminal case against your uncle for misrepresenting himself as partner rather of proprietor especially when no partnership firm existed.

The properties of the partnership cannot be made as of a proprietorship as per whims and wishes of your uncle as he did only because you have never objected to him.

He has to settle full and final accounts of the partnership firm with the legal heirs of your deceased father and only then he can make his own share as proprietorship if he wishes to run business.