Disputes between two brothers Disputes between two brothers

3 years ago

My father have two sons and have joint family business.Father died and as he was the proprietor of the firm it has been closed and new firm is being opened by my younger brother secretly making his wife as a proprietor and thus acquired all the capital of the business and also revealed some Will of my father stating that all my father's business and property including a house which is in the name of my grand father is belongs to him. I (Elder son) already filed a case for the cancellation of my father's will but what should I do to get equal share in business?

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
File a complaint with the police for cheating, fraud and forgery by your brother under Sections 415, 420 and 464 IPC. Serve him with legal notice of the same.
You can then file a suit for partition and obtain a stay on any attempts he makes to transfer ownership. The will seems fraudulent and can be set aside by the Court.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

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A.Hi,
You can have the will challenged in Court, it seems highly suspicious. As his legal heir, you are entitled to an equal share of all your father's assets. You can file a suit for partition with regard to his property and then file an injunction or stay order against any attempts your brother makes to transfer ownership.
In addition, file a complaint against him for cheating, fraud and forgery under Sections 415, 420 and 464 IPC. Serve him with legal notice of the same.
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Vidhi Samaadhaan Vidhi Samaadhaan

Meenakshi Periyahkaruppan

Responded 3 years ago

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A.Contest your father's will and File a partition suit
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