S (consultant) 12 April 2010

Right of partnership firm run in premises of family house

I would like to put forth for disussion problem of a Doctor who has been running a hospital . He has been running the hospital since 1963. This hospital was started before him by his father and was taken over by his son who was a doctor. His brother also doctor joined the business and formed a partnership firm in 1972. As the hospital functioned in the ground floor in the premises constructed by father. The house tax and electricity bill also is separate from the bill of the residence of the brothers who stay above and is in the name of the hospital which is a partnership firm run by the 2 doctor brothers whose children (again doctors) are entered in the new partnership deed. I would like to know what is the right of the Doctors who are in the partnership , in the building where they run the hospital . Can the other siblings force them to evacuate the hospital .And if there is a reconstruction on the land what rights can the doctors claim .

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5 Replies

Gundlapallis (Advocate) 12 April 2010

Partnership is only for running the hospital. The property apparently does not belong to the partnership. In absence of other inputs, from the material what had been given - the answer is Yes. All the other siblings do have their respective rights and can ask for their share of partition. And since the doctors also do have share in the building and the major share belong to doctors in partnership until and unless the building is partitioned and defined by metes and bounds they cannot be compelled to vacate. (If the property belongs to doctors family). IF it does not belong to the doctors family, the owner is an outsider - doctors in partnership cannot have any claim - they have to vacate the premises from their permissive possession and tenancy.

G. ARAVINTHAN (Legal Consultant / Solicitor) 12 April 2010

property l;et out for hospital and the same was inherited by legal heirs ans conducting same non- residential purpose, hence valid.

S (consultant) 12 April 2010

The property belongs to the doctors family. Doesnt the Doctors get any right favorable to them during the partition ? That is a greater share then the other members of the family as they have been running the business for over 47 years. Cannot they get any benefits they would have got if they were tenants in the same building?

S (consultant) 12 April 2010

Does this give right to the doctors in this said building more then their share in the property by the virtue of running the business as a tenent would have got in a tenency?