LawRato

Property share among brothers in case of MOU of business and property


25-Jun-2023 (In Family Law)
 My father, while studying his graduate grand father died and we have a house and half acre of land at that time and his younger brother almost 7 years and sister 9 years taken care of them by discontinuing his studies.later his younger brother went to hyderbad and worked in a shop for three to four years. With that experience he started business and took the investment from my father as hard cash with a mutual understanding of equal share.later from that business and my father invested to buy properties and the business continued to grow. But now he is refusing to partition all the properties and arguing that he is self acquired. We have just a mou regarding the business and property. His younger brother made the business as sole proprietorship on his name. Kindly suggest how should I proceed further to get justice . 
Answers (2)

Answer #1
608 votes
Hi MOU is sufficient to prove that the businesses, properties of your uncle are ancestral properties on the grounds that the seed capital for your uncle's properties arose from the minimal funds provided by your father through ancestral income. File a partition of suit based on the above point and you will definitely get your 50% share of the properties owned by your uncle.
Helpful? LawRato27+ LawRato
Advocate Rajagopalan

Adv. Rajagopalan

LawRato Hyderabad | 25+ Answers
Chat with Advocate Rajagopalan Chat 
Answer #2
645 votes
Dear Client, Your father invested orally without any written document to show that he invested in the business of his younger brother. There is no proof to show that your father invested the amounts from joint family properties. Then your father cannot claim any share from the business of his younger brother.
Helpful? LawRato40+ LawRato
Advocate Sistla Rama Krishna

Adv. Sistla Rama Krishna

LawRatoVijayawada | 400+ Answers
Chat with Advocate Sistla Rama Krishna Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Family lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato