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Wine Shop Share
25-Jun-2023 (In Civil Law)
I have one property in my Grand Grand Fathers name Late Durlabh Chandra Saha which is situated in Kolkata, Tollyunge area. The property owners is My Father, My Uncle and My Grand Fathers another brother's Son, Sri Dilip Kumar Saha (At present legal heirs). Our Property Tax bill will issue in the name of Late Durlabh Chandra Saha. A wine shop (Country Liquor) is situated in the ground floor of this property. My Uncle and Sri Dilip Kumar Saha at present the license holder of this wine shop. They chit my father. My Uncle taking full license from my father after the death of my Grand Father, Late Anil Kumar Saha. Now when I claim my share from that wine shop Uncle said that there I have no share. Please guide me what can I do now? How can I get my share? Can I take rent from them as a property shareholder? Your kind co-operation in this regard will be highly appreciated.
Regards,
Subhojit Sah
File a partition suit with regard to the share of the property and try to ge an order of injunction on the other hand make an application to the licencing authorities to include your father's name in the license being the legal heir
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Adv. Supratic Roy
Kolkata | 25+ Answers
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apparently it appears from your query that you are entitled to get benefit but the same to be decided after having discussion in the matter as it is very difficult to guide through response citation. where ever you will go for taking opinion please carry all the details with you
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Adv. Mahesh Kumar Joshi
Kolkata | 200+ Answers
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Dear client,
As per the details provided by you I would suggest that as the property belongs to your grand father along with others then after demise of your grandfather his property devolved upon his legal heirs being your father, uncles, grandmother and paternal aunt but during your father's life time you cannot claim anything but upon his death surely you become one of the co-owner in respect of property left by your grandfather and you ask your share of rent in the property.
As per the details provided by you I would suggest that as the property belongs to your grand father along with others then after demise of your grandfather his property devolved upon his legal heirs being your father, uncles, grandmother and paternal aunt but during your father's life time you cannot claim anything but upon his death surely you become one of the co-owner in respect of property left by your grandfather and you ask your share of rent in the property.
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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Wine Shop as per my knowledge is concern is not fallen under any sorts of Hindu Undivided Family business. It is basically on Licence Basis and Renewal basic governed under Excise Department, who can give licence in favour of Individual person. Now the question is whether the said Licence was granted in favour of your uncle and one Sri Dilip Kumar Saha, from the said Excise Department, then how you can get share from it. Mere legal heirs of deceased Durlabh Chandra Saha or the possessor of the land or building of late Durlab Ch Saha does not generate any single share from Wine Shop. But you have legal right to get share from the Property belongs to deceased Durlab Ch Saha.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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MY OPINION THAT i have follow the story and the basic problem / problems of the share -in-ratio question / questions , you have absolute legitimate right / rights to carry out your grand grand father wine shop business /businesses , you have actual civil & right in inheritance on the actual family business ,you have wide scope /scopes to fight /fights for the legitimate claims.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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