v.lakshminarayanan (prop) 09 July 2012

Family partition - doubt

dear members

i have a doubt regarding the partition in a joint hindu family.

the head of the family has died intestate leaving his wife and two sons as legal heirs. the heirs are unable to come to terms about the partition. hence one of the heirs wants to file a partition suit.

the person who intends to sue is running three business firms, belonging to himself, his mother and the wife of his brother (the other legal heirs). the firm's accounts are audited by the his brother himself. the firms were started by the head of the family much earlier. they are all individual proprietory concerns.

my doubt is whether the legal heir (in this case the CA) can file any application seeking injunction against the person who sues him regarding the running of the business? can he take out any petition for rendering accounts, appointment of receiver etc. in the interim thereby disturbing the business?

your expert views will be much appreciated.

thanks

yours

v.lakshminarayanan

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2 Replies

Yogesh Anand (Head- Legal AVP) 22 August 2012

THOUGH THE FACTS ARE NOT MUCH CLEAR BUT I TRY TO RESPOND TO THE EXTENT I UNDERSTAND THE PROBLEM. AS YOU SAY THAT THE BUSINESSES ARE PROPRIETORY CONCERNS THEN THE PROPRIETORS ARE THE SOLE OWNERS OF THE BUSINESSES INDIVIDUALLY AND NO BODY ELSE CAN CLAIM ANY INTEREST WHATSOEVER IN THE BUSINESS OF SOLE PROPRIETOR. REGARDING OTHER PROPERTIES THE LRS WILL GET THEIR SHARE EQUALLY FOR WHICH PARTITION SUIT CAN BE FILED. SINCE THE DECEASED HAS DIED INTESTATE THERE WILL BE SAME TREATMENT FOR ANCESTRAL AS WELL AS SELF ACQUIRED PROPERTY.

v.lakshminarayanan (prop) 23 August 2012

dear mr.yogesh

thanks for the reply, but i am sorry that it does not answer my query.

i also do not know what is not clear in my original query. i think i have conveyed the facts clearly. however, i can easily clarify any doubt regarding the factual matrix.

i want to know if one of the heirs, who is the auditor of the firms, can file any application for injunction against the heir running the business, for rendering of the accounts, appointment of receiver thus jeopardising the business? if yes, how will the courts generally view such application?

thanks again

i would welcome the opinions of all our enlightened friends.

yours

v.lakshminarayanan

palani