filing suit for partiton
ADV-JEEVAN PATIL, MUMBAI
(Querist) 24 December 2015
This query is : Resolved
A n B r brokers providing flats for purchse n sale to clients. Lately there is dispute. Abis not allowing B to sit in shop/office purchased jointly duly regd. B wants his share from A in shop property if sold or retained by A. A threatens B and locked shop. B made complaint but police advised to approach to court.
Queries : 1) Suggesting B also toput his lock is feasible?
2) B can file partition suit seems appropriate or any other suit?
Your advice will add value to my opinion n hence this query.
Guest
(Expert) 25 December 2015
Sir I am sorry but this is happening too frequently where partners try to grab and cheat other partners property and many of them do this by legal means.
If your client has document to prove partnership and property that is shop in his joint name or share he should put his lock too. I am 90% sure other guy will break it again.I am afraid law wont help much and a bit of muscle and mediation by some senior real estate broker in market would be best. If other guy comes to negotiation you are competent enough to take care of agreement and ensuring its time frame implementation
This was quick fix.
Normal route you know better than me.
SAINATH DEVALLA
(Expert) 25 December 2015
In contrast to the reply of Dr Gupta,if there is an agreement between them for their joint venture,then the contents of the agreement has to be adhered to by both of them.Police will not interfere because this is a civil dispute. Interference of court means that a suit has to be filed by B against A for deviation of the partnership agreement.
So if there is no scope for a patch up partition suit is the only option.
Rajendra K Goyal
(Expert) 25 December 2015
It is better to have amicable settlement.
If not possible discuss with local lawyer and file suit of partition.
Dr J C Vashista
(Expert) 26 December 2015
Both of them (A & B) are partners in the firm irrespective of the fact that the firm is registered or un-registered, hence both of them have equal rights, responsiblities, obligations, duties and laibilities for each and every action of each other.
However, since they have lost faith in each other it would be better to part their ways amicably and peacefully otherwise B should put his lock over the lock of A and file a suit for partition. Police will and cannot take any action on the action of A.
I fully agree and appreciate the opinion and advise of experts except Dr. Rajendra K Gupta with due respect.
Guest
(Expert) 26 December 2015
section 69 of Indian partnership,prohibits any suit to be filed for unregistered partnership except for case of cheating.
These things are happening commonly where one partners takes charge of property or does fraud with firms money or does not allow other partner to operate in premises. Law will take its own course.Best thing would be to force hands of your partner for negotiation and that can be by locking premises.
Guest
(Expert) 26 December 2015
I share my expedience same thing happened in my case in our small factory premises in Chandigarh
I asked partner to dissolve partnership which lasted just4 months. They kept drama of negotiaiton and in one night locked the door. So I put my lock too. After 2 days they over powered chowkidar of premises and opened our lock and removed all machines and goods and ran away and put their lock.,
I filed FIR. They were arrested and bailed out. They advanced argument of civil matter which was turned down by magistrate and they were convicted after 3 years for 420/406. The goods received were given to them on superdari. After conviction they went for appeal and were acquitted by session court.
I meanwhile filed recovery suit and won. Both decree is pending so second appeal by state in High court since 2003.
I hope above case study will help you to make up your mind. I found indian judicial system lax lacking concern and showed apathy
So practically try to get tough and do tit for tat.
prabhakar singh
(Expert) 26 December 2015
Addressed only to ADV-JEEVAN PATIL,MUMBAI !
Dear Sir!
A dispute between partners gives right NOT OF PARTITION but of DISSOLUTION OF PARTNERSHIP.
Taking law in hands can not be advised as that depends on the sweet will of victim or culprit to which no adviser would like to
be an abettor.
Section 69 of Partnership Act may come into play as a bar to a suit between partners if the partnership is not registered.
Any particular case can not be an illustration to follow every such type of cases.
ADV-JEEVAN PATIL, MUMBAI
(Querist) 29 December 2015
Thanks for all my fellow expert friends for your precious advise n would continue to solicit your advise as n when required. This is how we enrich our expertise as exim goes that "one head is better than two heads".
Thanks once again
ADV-JEEVAN PATIL, MUMBAI
(Querist) 29 December 2015
Thanks for all my fellow expert friends for your precious advise n would continue to solicit your advise as n when required. This is how we enrich our expertise as exim goes that "one head is better than two heads".
Thanks once again
