partition of a rented wakf property
rominder
(Querist) 28 November 2010
This query is : Resolved
I belong to a hindu family.my father & my uncle runs a partnership firm in a rented wakf property(Shop),since 50yrs,acquired by my grandfather(not alive),he has not left any "Will" nor by my grandmother(not alive).The rent receipt still comes in the name of my grandfather.Now my uncle(who has no son but only 2 married daughters)wants partition of the firm,and planing to dispose off his share of the firm buy subletting to any 3rd party in exchange for "pagri"
Que.1. According to law can he do the partition of this firm without my father's consent?
Que.2. If internal partition happened,then can my uncle sublet his share for"Pagri" to the 3rd party?
Que.3. If my father don't want this partition or subletting to the 3rd party by my uncle,Can he stop this?.Please suggest the ways for doing so.
Que.4. If in case subletting to the 3rd party occurs,
how will my father's interests/title to his share in the property gets affected? Can landlord put pressure for vaccation on us at that time?
adv. rajeev ( rajoo )
(Expert) 29 November 2010
Whether the partnership firm is Hindu Joint Family firm or ancestral HJF business?.
If it is the firm of your father and uncle your father need not to worry because in this partnership firm your uncle's sons cannot seek partition.
If it is HJF then terms of the partnership deed should be known.
rominder
(Querist) 29 November 2010
sir, I think the question is misunderstood by you.as i have mentioned in my question that my uncle has NO SON but only two married daughters.My uncle only is forcing for partition so that he can sublet his share of property for "pagri".
