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raghav arora (owner)     02 January 2013

Please suggest me on the following case.

Respected sir, 

Sir I am from Punjab Jalandhar, My father and my uncle (real chacha) were running a partnership business since late 90's. In 2000 due to business dispute , the business was divided. But the partnership firm was not dissolved ( there was no dissolution deed signed by my father and my uncle ). My father opened a new firm in the same shop and they divided the shop in two halfs with a wall. My father used new firm, he had his own license to work. He used the address as shop no. XX-B and my uncle still used XX instead of XX-A. But the registry of the shop is with my uncle ( the registry is in the name of My father, my mother, my uncle (chacha) and my aunt(his wife).

In 2012, my father unfortunately expired and my uncle is taking advantage of that. He filed a case against us He claims that the whole shop including the half part ( which belongs to us) is his and he had given it to my father for sometime. 

My questions are what should be done so that his case will be dismissed because he as filed a false case against us as the whole shop is his as in registry my mother and my father's name is also mentioned. He says in the case that now he asked us to leave the shop and we threatened him.

These are the following points that I think that are in favour of us.

1. The ITR returns are filed with the address shop no. XX-B .

2. The Pan card of the new firm.

3. The Market committee license is also with XX-B address and new firm name.

4. The electricity meter was not devided and the bill comes for the whole shop ( our half and including his half also)  . The bill come in the name of my father.

 

He knows that the result for cases never come early. That is why he filed a case against us and out of court he demands a lot of money only then he will take the case back.

 

Sir please suggest me what should we do?

Waiting for your positive response.



Learning

 1 Replies

Advocate Vishnu (Advocate)     03 January 2013

Dear Raghav,

What is the case about...?

Since your father has started a new firm, and after going through the list of docs which are in your possession, you will able to succeed if the matter pertains to who the owner of the firm is. 

Until an advocate reads the summons copy and the petition your uncle has filed in court, it will not be possible to guide you as to how you can proceed with your case.


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