Partnership
syed niaz ahmed shah
(Querist) 31 March 2018
This query is : Resolved
1) as minors are not liable for liability and as Deceased person now has his wife who takes 1/8 of his share and rest go to his children son and daughter as legal heirs then how will liability distributed among the partners as another is his brother who wants to take over the firm .
My query is if deceased�s wife and guardian decides not relinquish shares to deceased�s brother
Does this mean Deceased�s wife takes over only 1/8 liability and asset and capital of The deceased person while children take rest of asset and capital of Deceased person while The other partner takes his share of liability and rest of Deceased�s liability ( less by 1/8 which deceased�s wife takes )
syed niaz ahmed shah
(Querist) 31 March 2018
Family settlement agreement done in 2015 in a Muslim family which has been only notarised in which exchanfe of properties and amount of 1.5 cr have exchanged between family members and by which one brother (A) gets 71% of Hotel and takes possession and control on leases land which is in the name of father (F) and father (F) gets 29% of the Hotel and 33% of owned property of land and building while another brother (B) gets two firms and landed property of 67% and 1.5 cr cash .
Question is that in 2017 the brother (A) dies and the agreement father wants to break by not considering the legal heirs to takeover their possession which their father (A) had got as a family settlement and also paid by exchange/ relinquishing of properties and payment cash . CAN FATHER (F) OR BROTHER (B) BREAK THE AGREEMENT AND TRY TO TAKE BACK THE 71% OF THE HOTEL DESPITE THE LEGAL HEIRS ACTING THROUGH THEIR GIARDIAN AND PARENTS OF THEIR FATHER GIVING STATEMENT IN COURT THAT WHATEVER IS IN THEIR FATHERS NAME BELONGS TO THEM AND THEIR MOTHER .
HE wants to act only because the name on the lease deed is in name
Of father F just because the agreement is not registered though it is notarized.
Please let me have the legal remedy and whether the business ( which is also known as property) hotel will remain the wife and children of the deceased
syed niaz ahmed shah
(Querist) 31 March 2018
Family settlement agreement done in 2015 in a Muslim family which has been only notarised in which exchanfe of properties and amount of 1.5 cr have exchanged between family members and by which one brother (A) gets 71% of Hotel and takes possession and control on leases land which is in the name of father (F) and father (F) gets 29% of the Hotel and 33% of owned property of land and building while another brother (B) gets two firms and landed property of 67% and 1.5 cr cash .
Question is that in 2017 the brother (A) dies and the agreement father wants to break by not considering the legal heirs to takeover their possession which their father had got as a family settlement by
R.Ramachandran
(Expert) 01 April 2018
You have to consult a professional lawyer with all the details and get a view/answer to your query. It will definitely involve payment of professional fee.
Dr J C Vashista
(Expert) 01 April 2018
Consult a local prudent lawyer with relevant documents for proper analyses of facts/documents, guidance and proceeding.
P. Venu
(Expert) 01 April 2018
The postings lacks clarity.
