Singh (NA) 21 July 2013

Partition of commercial property

My father died intestate in 1983 leaving behind 3 sons (including me). During his lifetime he took one commercial shop on pagri system in Delhi and started a business.

After his death we 3 brothers became partners in the business and later on we 2 brothers accepted retirement leaving the 3rd brother as the sole proprietor. He has now bought this shop and got it registered in his own name.

1. Do I've right in this property? Do I stand as one of the legal heirs of this property?

2. If I challenge the dissolution deed (original copy of which I've and also it was never registered) saying retirement never took place or happened upon coercion. Can this help me in claiming a share in this property?

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3 Replies

Dr J C Vashista (Advocate) 21 July 2013

Since you have already retired from business left by your father and got family settlement in favour of your brother, who subsequently got it registered in his name, it is irrevertible.

You have already released your share in favour of your brother, hence your right stands transferred in the name of your borther, other part of your querry is also nagated.

Singh (NA) 21 July 2013

Thanks Dr. Vashista for your response.

I've one doubt here. From legal standpoint can business and the property (shop) be treated separately?

Since, I only took retirement from the business. Can't I still claim my right in this property left by my father? Although my father took it on pagdi, but practically pagdi is almost like owning a property.

Advocate Ravinder (Advocate/Attorney) 15 August 2013

What you said is correct, business and pargi shop are different. But as you said your 3rd brother bought the shop by his own funds from the original owner, you have no rights. Moreover, you have only possessory rights in the pargi property, that too lapsed on the purchase of the property by your 3rd brother from original owner.