Misappropriation of Property entrusted and located in Dubai UAE
30-Mar-2023 (In Property Law)
I had acquired a property thru a freezone company in partnership with NRI in 2008 and later on moved back in India in 2012 entrusting the property to the partner who later on converted the property in her personal name and recently sold the same and misappropriated the whole sum. the value of the said property in Rs is 5 crores and my share was 2.5 Crores , she later on sent me a watsapp message confirming that she has sold the property and is not in position to pay my half as she has suffered losses in her businesses in India and needs to save her house from attachment.please advise as both of us are now in India
The petitioner's case was that the agreement of sale was entered into both oral and under the express terms of the agreement of sale, that the property agreed to be conveyed is his own self-acquired property. As the you in the partition suit are claiming the property as joint partnership property and as the petitioner apprehends collusion between the plaintiff and the first defendant he sought to be impleaded as a party to prevent any collusion and also to bring to the notice of the sub-court his rights under the agreement of sale, so that in equity the property agreed to be sold, may if possible be allotted to the share of the first defendant. The plaintiffs alone filed an objection statement, opposing the application; the first defendant did not file any objection statement denying the allegations made by the petitioner concerning the written agreement of sale
The remedy of the petitioner is only to file a suit for specific performance, and that the same should be done in an independent suit and no relief could be granted to him in the partition suit
The remedy of the petitioner is only to file a suit for specific performance, and that the same should be done in an independent suit and no relief could be granted to him in the partition suit
Sir first of all you will have to show all the documents..
Also please preserve all the proofs.
We can file a suit against ur partner for recovering the same.
Kindly schedule a meeting for further discussion.
Also please preserve all the proofs.
We can file a suit against ur partner for recovering the same.
Kindly schedule a meeting for further discussion.
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