Reg Partnership in commercial property

5 years ago

Greetings,

I and my younger brother are the only legal heirs to my parents who have demised 10 years ago (our father also demised at the same time and we have transferred the khata in our joint names)
My mother was a doctor, who owned a private nursing home with partnership of another local doctor.
However, both my mother and the said partner purchased separate individual adjacent plots and constructed a private nursing home. The hospital was built on both of our sites jointly.Hence, even though the nursing home was functioning in co-operation of both, the plots were different. (the building so constructed upon had been divided by a passage dividing the plots, wherein my mother side plot had operation theater and the partner’s side had casualty rooms)
1.After the demise of my mother 10 years ago i.e in 2008, the other partner has been utilizing the said nursing home and paying us a paltry sum of Rs.5,000/- since then. The rent was being credited to my savings account since my mother’s demise
There was no agreement done between us after my mother’s death about the rent to be received. We too did not bother much about the rent and moved on.
Now, in 2018, we are planning to part ways from him and are looking to divide the plots within ourselves and make an individual constructions on the sites thereon.
Now, he is requesting us to sell the property to him on first priority (if at all we intent do sell it)
These are the questions arising in my mind reg to the said property above :
2.Do we have any obligation to sell the said plot/property only to him(partner) as he was my mother’s partner then.
3.Does he have an upper hand over us as he used to pay the rent for 10 years without any rental agreement.
4.Do we have freedom to sell/lease/rent the said property to any other party after demolishing our part of the building.
5.Can he move to the court of law against us for not selling our property to him(which was built on our plot adjacent to his plot combinedly only for the purpose of hospital)
6.Can he now claim that the property was built only for hospital purpose and deny us in selling/renting the said property(our share) as the hospital was built on both of our sites combinedly.