Great that finally I found a online website to post my concern .Hope I get suggestion from your side .
My father with two other partners i.e. Total of 3 partners ( A , B and C ) have started a Partnership Firm back in 1984 . In this Partnership Firm ( A and B) each have 40 percent share and C have only 20 Percent share .ALL PROPERTIES ARE UNDIVIDED SHARE.
They have purchased three properties on the name of this partnership Firm back in 1990. There are three Properties out of which - one property is LAND 451 Sq yards, second property is House of 89 Sq yards and third property is Land in Village ( 2 acres )
We have various issues regarding this property:
Issue 1: The partner C who is having 20 percent share in the house is currently residing in the House since 1995 - Till date and my father kept on asking them to give us some part of share so we can also stay however they keep denying it and says there is no place to stay and we are staying in rented apartment and paying rent in rented flat since 1995 however we would like to stay in the house so we can save rent money. Currently we are not having any house for us and we would also like to stay in the house.
When I asked my father he said we cannot get inside directly as they are staying there since 1995
How can take position of my father share i.e. 40 percent and stay there?
What kind of case, my father needs to keep in order to take position of the house i.e. 40 Percent?
How long will it take for my father to get the verdict if my father keep the case in next one month ?
How will court decide which part of house belongs to my father ?
What is the procedure I need to follow to win this case?
Issue 2 :
We have another situation raised since past one year - The other 40 percent shareholder - Is using the empty Land i.e. 450 Sq yards for commercial use i.e. The 40percent partner has given the land for Parking space and taking rent . We came to know from other sources that he is collecting rents. When my father asked him, " The 40percent partner said show me the proof that he is collecting rent: , Later my father build the wall in and he broke the wall . Later we came to know that one of the office is using the LAND as parking and I took the pictures of the car parked and I went to the office and also took the employee name and I told him you cannot trespass and he said if you want go to court
1) Can we file a criminal case against the Business who is using the Empty Land for parking and also I have the company details who is using the undivided property for commercial use.
2) Please help me how to go-ahead with this situation?
3) We also kept a Board saying Trespassing is violated and the other 40 percent shareholder has removed the board and using the parking for personal benefits .
Issue 3 : Very Important :
The other 40 percent Partner has a filed a case in the year 2012 saying to divide the properties as per the partnership firm 20,40 and 40 . The 40 percent Partner spoke to my father and filed a case on all the properties and my father agreed to it with mutual understanding as at least court will decide. Later we came to know his intention in the year 2015 December ( two months Back ) when the verdict came out –
Disposal : Dismissed for default .
Proceeding: D1 called absent . Process not paid and no representation for Plaintiff hence suit is dismissed for default .
- Later I consulted my family friend who is a lawyer and he said once the partnership case is "Dismissed for default." It means that we cannot take any action from our end as the court dismissed the casse.
Later I asked the Lawyer what action can we take and we would to begin the case and we want to be the Plaintiff and he said to wait for 6 months and then we can take action as we should inform the court that we could not attend due to personal reasons and we will be acting as the plaintiff.
We cannot file a case till next 6 months and post that we should act as Plantiff . We are worried how to go about this situation as my father is currently hospitalized due to heart attack , I am taking care of the properties. We are in the middle of the Ocean and not sure how to move forward .
Later we came to know that tricks 40 percent shareholder played:
Firstly he did not send the notice to right address and he also mentioned wrong address of the property in the court document.
Secondly: When I called up 20 percent shareholder he said he did not receive the summons
Thirdly: He made the case dismissed so that we cannot file a case.
We are seriously worried what action we can take from our end now?
Please help what should we do as the next course of action?
Do I need to wait for 6 months and also my family friend lawyer told us that it takes 5 years to receive the Judgement and does it really take 5 years if yes , I think we have wasted enough time since 2012 ?
Issue 4 :
As we do not have house now, Can we go ahead and construct the house in our 40 percent share in the plain Land 450 square yards and however we are not sure which 40 percent is ours and if we construct the house do we have to face any consequences from court if other partner file a case?
Can we construct our house in undivided share and if yes what action the other partners can take ?
We are still staying a rented apartments and we would like to construct the house in our share .
Here "I" Refers to my entire family
Please give me response so I can proceed accordingly –Thank you and I lucky to have a website who helps public .