Father’s Business after his death
2 years ago
My father and his business partner have their business under the name of their spouses i.e, my mother and the wife of father’s business partner. My father passed away last November. Can the business partner deceive us by not keeping my mother a part of the business any longer without her consent? Do we have rights to sue the business partner if he deceives my mother? Is my mother entitled to monthly allowance in absence of my father?
On records your mother is partner of that business. She can immediately get issue a legal notice claiming her share in the Business or approach Civil Court by filing a appropriate suit claiming settlement of accounts thus interest of your family will be protected.
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Lucem Leg
Responded 2 years ago
A.Dear Sir,
Kindly go through the partnership deed made between the partners and check the clauses. If the business partner deceive you in any case, then you have the right to go against them before the competent authority whatever is written in the partnership deed. Yes, your mother has the right to sue as she is the legal heir of her deceased husband. You should apply for the legal heir certificate or succession certificate from the competent authority. If in the partnership deed, it is written that any monthly allowance is to be paid, then, can be given.
You can also amend or make a revised partnership deed between the parties, i.e you or your mother can become the partner but it should be consented.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
You father has nothing to do with the business legally as it's in your mother's name and your father's friend's wife. Both the ladies are the true owner of the property. Therefore your father's death has nothing to do with the business and benefits you are getting from that property. Your mother is still eligible claim the monthly allowance and all the benefits arising out of that business.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
As you have said your mother and wife of your father's business partner are the owner of that business. It has nothing to do with your father. Your mother is the owner of that business along with the other lady. And yes she is entitled to monthly allowance in absence of your father.
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