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Father cheated by partner in business.What action can be taken?


07-Mar-2023 (In Property Law)
My father and my uncle holds a medicine shop jointly since 2011. They have partnership deeds, trade licence and drug licence with both of their names in those. They hold a cash credit account jointly in a bank for the business operations. They invested equally in the business and the profit was being shared equally (i.e. 50-50) until November 2016. Since Nov 16, my uncle has betrayed my father and he has been taking all the profit. He has misbehaved with my father, told him not to come to the shop, threatned my father of physical assault he doesn't do so. Now, we don't want to do business with him anymore. We want a price against our share. My question is, how can We, by legal means, make him pay us for our share?
Answers (2)

Answer #1
538 votes
Firstly lodge a written complaint before the concern police station mentioning assault cheating criminal intimidation .
Very good that you have all legal documents so legal notice mentioning that breach of partnership agreement as per deed (though need to see partnership deed clauses) Finally dissolution of partnership by the court filing suit under section 44 of Indian Partnership Act . You will definitely get your share by dissolution of partnership.
Answer #2
913 votes
First of all you have to go through the terms of partnership deed regarding dissolution of partnership and retirement of partners. If the terms are such that your father can dissolve the partnership then do so and inform the licensing authority in writing about such dissolution and pray for termination of license.

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