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Mother the sole proprietor of father's business after his death
16-Feb-2023 (In Family Law)
We are Hindu.. my father has expired in 2007 without made any will. We are four sons and my mother is still alive. My father was a sole proprietor of construction and trade license holder..but now I and one of my brother got to know that my mother became the sole proprietor of my father's business and got a trade license in her own name. I am the elder brother me and my smaller brother want to know is that possible without our permission without letting us know how my mother became the sole proprietor of my father's business and got a trade license, as we are their sons we have equal rights to know.
After death of the proprietor of any sole proprietor business his legal heir only gate the right to acquire the business.
Section 8 of the Hindu Succession Act, 1956 , General rules of succession in the case of males
The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II
of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
CLASS I of the schedule
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-
deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-
deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a
pre-deceased son of a pre-deceased son.
But in my opinion without detail discussion proper consult is not possible.
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Adv. Dhrubaraj Bhowmik
Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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Your question is two fold. One is regarding Property and its inheritance and the other is regarding trade licence. As your father died without execute any Will, so,your father's movable and immovable properties devolved upon you i.e you four brothers and your mother in equal share as soon as your father died. But, no licence is inheritable, it laps along with the demise of its holder. Hence, if your mother managed to get any trade licence it will be treated as fresh licence. She obtained it, not inherited.
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Adv. Aniket Joardar
Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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The know-how will not be any solution to get you and your brother recognized as the owner too.
On the other hand, as this is a proprietor firm, T.L will definitely be issued on behalf of an individual. You may opt for LLP or Pvt.Ltd. to substitute. Once it is an entity other than a proprietor, automatically T.L will be issued in favor of the entity and not in favor of any individual.
Else you may even proceed for the equal division and your respective proprietorship.
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Adv. Pradipta Nath
Adv. Pradipta Nath
Durgapur | 200+ Answers
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Obviously you along with your brothers have equal right on every asset of your father. Your mother will also possess same equal right on the assets. For further assistance you need to come to our office and consult with us.
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Adv. Subhashis Paul
Adv. Subhashis Paul
Kolkata | 200+ Answers
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