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Property dispute between brother in law and father


17-Mar-2023 (In Property Law)
Hello, I am from Bulandshahr, UP and my family is facing issues with land acquisition. The case is : My father, uncle and Brother-in-law had started a college in partnership and the investment amount has been taken as a loan. After a couple of months in partnership, my brother-in-law has raised a disagreement by saying that he was not in a position to pay the loan amount. Then with the consent of all the parties (that includes 3 partners and the society members under which the college had started) an affidavit has been submitted reporting the closure of the partnership with mybrother-in-law. But when a confirmatory notice has been sent to him, he objected the withdrawl from partnership by saying that he was forced to do that. Now, my father had received a notice from the registrar office seeking an explanation for the same. Also, my brother-in-law is threatening by demanding to be the sole owner of the property. My brother-in-law is the chairman of the society. What should we do?
Answers (1)

Answer #1
845 votes
he cannot retract from his affidavit. he cannot afterward change his stand and mould the case. your father should initiate to dissolve this partnership firm on the basis of his affidavit. consent was free or not is the matter of trial so it cannot be decided by the parties. if he wants to prove that consent was not free he can file a civil suit. In Smt. Madhurika C. Merchant Versus K.S Dilipsinghji AIR 1994, affidavit cannot be retracted orally.
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