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U HAVE RIGHT TO PROPERTY IN SHARE AS YOU GAVE HIM THE MONEY , DO U HAVE DOCUMENT HOW U GAVE MONEY YO HIM, BY CHEQYES THEN THAT DOCUMENT CAN BE AN EVIDENCE BESIDES PROPERTY SHARING BY MAY BE BY SOME DOCUMENT WITNESSED BY SOME RESPECTABLE PERSONS AT THE TIME PROPERTY  WAS SHARED. EVEN OTHERWISE AS PER PROPERTY LAW IN PLACE UNDER SUCCESSIONS, U CAM GET BUT U HAVE TO PU UP STIFF FIGHT AS HE WILL ALSO STIFFLY DENY  YOUR RIGHT YO GET THAY MONEY,

ALSO I THINK WHEN U GAVE MONEY YOU  WOULD HAVE  TAKEN FROM HIM SOME DOCUMENT.. REGDS

Dear Sir,

Subject:  How to appoint Mrs. Bindu John as manager/guardian to look after the affairs of property, business of her husband Mr Sunny John without any litigation. 

 Medical Detail of Mr Sunny John  

My friend Mr. Sunny John (Age-46 Years) is bedridden. He had massive brain haemorrhage (INTRA CRANIAL HAEMORRHAGE)/ on 5th July 2012.  He has been suffering from acute disease of Cerebral Hemorrhage since 05.07.2012. Due to such disease he is in minimal conscious state of mind. He had admitted to Kalinga Hospital–Bhubaneswar for operation and after staying 2 months he was shifted to CMC Vellore for better treatment and shifted back after 6 month to his home at Bhubaneswar.  

He had been on ventilation for 14 days after operation. On 18-07-2012 an ENT-Surgery ( TRACHEOSTOMY) had done at neck to help him to breath properly  He is unable to take food by his own, and hence his attendant provides him the food(in liquid form) by a artificially made path(created through operation) through his navel in abdomen . Mr John always need at least 2 attendants all the time and need physiotherapy exercise (provided through a doctor) every day. He is either in his bed or wheelchair. At present he can open his eye and sometimes give indication/expression through his eye and face only. He cannot talk or move any part of his body by his own except eye.  

As per doctors there is no medicine to treat these short of diseases and he may recover from his unconsciousness. He is staying at guest house within a factory at Bhubanewar .

Business and Property detail of Mr. Sunny John  

Mr. John is well known industrialist/exporter of Marine products(Prawn and Fish products)  in Bhubaneswar . Mr. John owns 2 factories, one in Kolkata namely M/S Shimpo Exports Pvt Ltd(having 2 director only each having 50% shareholding,-Mr. John and Mr. B.C. Prasanth) and others in Bhubaneswar-M/s Shimpo Seafood –partnership firm (having 2 partners each holding 50% profit sharing ratio-Mr. Sunny John and Mr. B.C. Prasanth -a partnership ). The factory building plant & Machinery and vehicle etc are owned by M/S Shimpo Exports Pvt Ltd. in Kolkata.  Similarly the factory building plant & Machinery etc at Bhubaneswar are owned by M/s Shimpo Seafood –Bhubaneswar. The registered office/Head office of both M/S Shimpo Exporets Pvt Ltd and M/s Shimpo Seafood are in Kolkata.  The group turnvover  (Prawn and Fish products) for last 3 years is 140 crores.

In August 2013 Mrs Bindu John (wife of Mr Sunny John ) with other partners Mr. B.C. Prasanth, made a supplementary partnership deed empowering Mrs John to manage and lookafter the affairs of partnership firm-M/s Shimpo Seafood- as agreed in originally agreed on 23-02-2000 (between Mr Sunny John and Mr. B.C, Prasanth) since Mr John is in is in minimal conscious state of mind.

Mr John is also 50% partner of Shimpos Lake Bounty Resorts( formed in nov-2011) having partnership capital of Rs. 550 lacs in Thanermukkam-Cherthala, Kerala. (having 2 partners each holding 50% profit sharing ratio-Mr. Sunny John and Mr. B.C. Prasanth -a partnership).

Please note that M/S Shimpo Exports Pvt Ltd-Kolkata have only 2 members and those 2 member are also director of the company (Mr. John and Mr. B.C. Prasanth)  and both member/director exactly owns 50% shares holding. Under the company’s act there is shareholder or Board’s resolution will be necessary to appoint any other person as director. Under the present situation no resolution is lawfully possible because Mr. Sunny is incapable to attend or appoint proxy. Valid resolution at least need consent of 2 member/director.

Mr. John was married with Mrs Bindu Sabestian (Now Bindu John) on 15th July 1995 and have 3 minor Son . The elder one is 16 years of age and studying  in class-XI in Bhubaneswar.Mr. John also owns with her wife 2 residential house property in Bhubanswar and one ownership flat at cochin. Mr. Sunny John also owns various fixed deposits and saving accounts in Bank.

Mr. John started his own business without taking any kind of contribution, help or guidance, guarantee from his father, mother and 2 elder brothers. Mr. John along with his business partner Mr. B. C. Prasanth started this prawn business. Mrs Bindu John(wife of Mr. Sunny John) had mortgaged her own property sometimes during 1996 to get a business loan (cash credit)  from Federal Bank for her husband’s business which proves to be a turning point in the establishment and  growth of the business. Looking the jobless condition of his eldest brother(Mr. Jose John)  Mr. Sunny John  somehow involved him in his business. Mr. Sunny John did not take any kind of contribution or help from his parent and brothers. They (Parents and brothers) have no legal, financial or other interest or stake in the business or personal property of Mr. Sunny John.

Mrs Bindu John’s father(i.e. father in law of Sunny John) is a kidney patient who needs a continuous dialysis, her mother is all along busy in looking after her father and her two brothers are in abroad. Now looking helpless condition of Mrs John , the two elder brothers  (1) Mr. Jose John and ( 2) Mr. Johny John who is currently Air India employee  with their father (Mr. V. V. John a retired Indian Airlines employee) wanted to grab and take control and the valuable business of Mr Sunny John. They are applying all the means to keep herself and her husband away from the business place and therefore they are trying their level best to obstruct her and her  children to perform her day to day  activity

Mr. Jose John, the elder brother is an ex-employee of Indian Navy. He has past criminal records. He had faced court martial due to criminal offence made while in service. Mr. Jose has been applying all kind of criminal means and measures to take forceful control of our organisational affairs.

We want Mrs Bindu John to look after the entire work and want her to  steps in the shoe of Mr. Sunny John. . We want to avoid unnecessary litigation. Whether it is possible  to get Certificate of  appointment of Guardianship to Mrs Bindu John  u/s section 14 of National Trust Act, 1999 without any litigation. Please suggest. 

Regards

Uttam Narayan

9239773773

9330124041

Better issue a legal notice for partition of the property and follow it  by a suit, if necessary.  If the share of the property was held by your brother jointly on your behalf too, you may very well claim it, you have an entitlement of a share in it. Donot wait any further because your brother has been injected with venom by his wife hence you may not find any solution through any peace talks.

@Uttam: you can very well go ahead with your proposal, consult a local lawyer.