Suit for partition
KOTESWARA RAO
(Querist) 08 May 2013
This query is : Resolved
Hullow sir,
One grand father by neme: MUTYAMAYYA, havig 10 children, then the 10 childern and grand father are jointly partitioned. Then in this 1o childern one son by name: CHINNA NARASAYYA ( having 5 children), The CHINNA NARASAYYA with the partion money and some other cash, he purchased 8 Ac. land in the name of the CHINNA NARASAYYA and 2 ac land purchased in the name of the his ONE SON SATYANARAYANA -- 1 st son.
Now MUTYAMAYYA DIED, SRI CHINNA NARASAYYA IS ALIVE.
The Satyanarayana - 1 ST SON PRACTING AS A CHARTERED ACCOUNTED. He was pledged the property in the Bank, belongs the property of CHINNA NARASAYYA and availed loan for the office room, computers and other furniture and some of the cash invested in the Ricmills also as a partner as 20 paise share in the 3 rice mills also. And purchased the 10 cars in the name of the SATYANARAYANA ALSO.
NOW THE PROBLEM IS SATYANARAYANA HAVING 2 BROTHES AND 2 SISTERS. THE 4 ARE HAVING THE RIGHT OR NOT TO FILE THE SUIT FOR SUIT FOR THE PARTITION.
BECAUSE NOW RECENTLY SOME JUDGMENTS ARE CAME -- AFTER PARTITION OF THE PROPERTY, FROM THE GRAND FATHER THE FATHERS PROPERTY BECOMES SELF ACQUIRED, NOT IT IS APPLICABLE OR NOT
AND MR. SATYANARAYNA PRACTICING AS CAHRTERED ACCOUNTANT. SO HE IS HAVING PARTNERSHIP IN THE RICE MILLS, SO IT IS BECOME A PROFESSIONAL MISCONDUCT OR NOT, NOW CAN COMPLAINT TO THE BOARD OF CAHRTERED ACCOUNTS AS A PROFESSIONAL MISCONDUCT OR NOT -- SO PLEASE GIVE ME THE ADVISE FOR 1) WE CAN FILE THE SUIT FOR PARTITION AGAINST THE MR. SATYANARAYANA OR NOT AS AN ANCESTRAL PROPERTY OR NOT,
2.. NOW WE CAN GIVE THE COMPLAINT AGAINST THE SATYANARAYANA AS PROFESSIONAL MISCONDUCT OR NOT -
HOW TO GO, PLEASE ADVISE ME -
THANKING YOU SIR,
R.K Nanda
(Expert) 08 May 2013
consult local lawyer.
Raj Kumar Makkad
(Expert) 08 May 2013
As Styanarayana has got loan etc. after pledging the land of his father means his father has mortgaged the land for his loans. This means Satyanarayana has got no absolute right over such land. He has to re-pay the loan taken from banker and only then such land shall be got released to all legal heirs of Chinna Narasayya.
Practicing as CA and becoming partner to other commercial institutions is definitely a professional misconduct.
