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Succession act for proprietary, partnership firm

Raju (owner) (24 Points)

18 May 2012  

 

Respected lawyers,

 

My father is a bussinessman. He has couple of firms, which consists of X Proprietary firm & Y & sons Partnership firm (my father & my uncle run this firm, holding is not clear to us).

 

I have following querry:

My family consists of 3 brothers & 1 sister. Sister is married and is in same town. I am the youngest of my brothers.

 

Due to some reasons my father & my family is very much unhappy with me. My fathers condition is somewhat not good & critical after he faced heart attack lately. I really do not have any access to financial info of my father as I am forced to stay in different town.

 

As far as my knowledge: 

1. There are some land, shops & some money in bank owned by X proprietory firm.

2. There are some land, shops  & some money in bank owned by Y & sons partnership firm.

 

I have following question.

1. As far as i know he has executed "registered will" of both of firms in name of eldest son & my sister.

2. He & my own uncle have the partnership firm, share is not disclosed.

 

Can I get share in his firms?

Is the "will" challenged as I am his son as my father intentionally to avoid my share in property?


 1 Replies

sangram ghatge (company secretary in practice)   (198 Points)
Replied 26 May 2012

hi raju,

first check how much of the total property that is owned by ur father is earned by him. a father can give his self earned property to any of his son. in this case u cant challenge the will except if u can prove that there is some pressure or force applied on him by ur elder brother.

secondly, if the property consists of some ancestral property i.e. ur grandfathers' property, then u can challenge the will.

regds,

sangram 9422622828.


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