Matter related shop possesion

Guest (Querist) 25 March 2012 This query is : Resolved
My father 40 years back named the shop to his younger brother but the business was in my father name and sale tax was too in my fathers name.Rent was paying in name of his younger brother but mentioning paid by my father.Now my father younger brother is harassing in many ways and lodging criminal false case in different places.What will the court do when he files a case, does The shop will be get sealed by court authority unless the case resolved.Or the court will rule in our support because we are running the business from 40 years and the sale tax is registered in my father name... Sir
your feedback is very much needed....

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Raj Kumar Makkad (Expert) 25 March 2012
I think you are extra conscious. There is no question of sealing the business or its premises on the basis of the cases filed by your uncle. You need not worry. You shall have to engage an experienced lawyer and shall have to defend the cases vigorously and effectively and shall have to put the entire facts before the court as you narrated above. There is no question of losing anything in the given facts.

ajay sethi (Expert) 25 March 2012
you have not given any particulars of criminal cases filed at differnet place?

without knowing the case details how can we state what the court will do ?

have you engaged a local lawyer ?

why should shop get sealed ?

your father has been carrying on business in said premises for 40 years ?

has any civil cases being filed ?

engage a local lawyer and let him handle your cases .

Guest (Querist) 31 March 2012
Sir Because of that shop problem he has files 354 on Father and me.and we are fighting for that.
My uncle plan is that, once we get in jail he will try to have possession of my fathers shop.
My father has named the shop 40 years back to his brothers name.
Sale tax is in my father's name but the ranted government room is in his brother name.
now he is trying to get it.
What will be the 1st action from court when he files a case, because we are hearing that is having good round in high court... does the court will first seal the shop and will proceed the case further.And in this case court will rule in whose concern...

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