Procedure to get the shop transferred in my name

Hello sir big confusion. Plez solve my problem.humara family buiness hai jo ki mare father ke baad main aur mera bhade bhai dono sath main handle karte the.hum log pehle sab sath main rehte the cantonment buglow main jo ke m.e.s se lease per hai.humare father aur mother ke dead ho chuki hai father ke expire ke baad main aur mere brother sath main buiness karne lage .kuch time baad mere brother ne new buiness start ker liye jisme unne muje 30%partner banaya aur apne badhe bete ko 30% ka aur kud ko 40% ka partner ghosit ker diya.halaki mai sirf naam ka partner tha isme muje koi share nhi milta tha .phir kuch man mutoa ke hone se main alag rehne lga buiness sath main hi chal rha tha.phir kuch aur problem hone se pehle wala buiness maine take over ker liya aur woh apna buiness karne lage.main unse alag hote time kuch b nhi liye even 1 rs bhi.humare shop jo hai woh mere aur brother ke naam per hai.toh main yeh chatha hoon ki shop pure mere naam per woh ker de.

Answers (4)

138 votes

You problem is related to both Hindu law of succession and partnership act ,as per your version it's not very clear as if to put in the category of Buisness as per Hindu undivided family business or club with other ,provide further detail for advice.

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66 votes

Sir apne jo shop Ka zikr kiya hai uska aise settlement nahi Ho sakta .apne Sara Buisness takeover ker liya user kya condition thi yeh nahi Bataya .ager apke bhai tayyar Ho jate hai to use sell out Kerke money share ker Sakte hai .secondly aap direct unhe Kuchh money deker shop le le .thirdly Koi aur property se app use exchange ker Sakte hai .yeh Sab totally aap dono bhai ke Madhya agreement se Sambhav hai .

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You have not given info what was your family business. U can get shop either by your brother consent or you have to contest by asking what other property was left behind undivided that has been kept by your brother

51 votes

Ye shop originally kiske naam se thi? Incase it was in the name of your Father, call upon your brother to mutually do the batwaara. In case he is says he is not interested for division of property, you'll have to approach the court to seek the partition get done through Court.

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