Regarding Probate Regarding Probate

5 years ago

Me and my brothers became partners (1+1 % each) in a proprietary firm owned by family. There are 3 major partners, including my father and his brothers. Let us say this is firm X. Management of 'X' was in my brothers hand. In three years time, my brother amassed huge capital (through formal and informal manner) from this firm and later on he along with my father stopped the functioning of this firm. It wasn't dissolved, but left as 'stand by' . He along with my father created a new firm, let us say 'Y'. The partners of 'X' were not involved in this new firm. My brother promised all of them to make them partners in Y but he didn't. He ran this firm for 15 years and amassed huge capital. Now he is dead. My questions are as follows:
1. Can myself and other partners of firm X object to the properties my brother has amassed (fraudulently) along with my father?
2. Can we object to the probate process that can be initiated by my brothers family, based on his will?
3. Nobody (myself and other partners) has any documents (of X and Y) with us; such as Registration of Firm, partnership deed, bank statements of firms, IT returns, information on capital structure, and other relevant documents.
4. What is the immediate remedy available to us?
5. My father and Brother have misleaded us and even fradulantly filed our bogus income taxes for the last 20 years. We are paying the price of ignorance. Any way we can stop the transfer of property being handed over to my brothers family?

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
You may discuss in person with any one of the nearest legal expert of Vidhikarya.

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Shreyash Mohta

Responded 5 years ago

A.Sir the best possible and immediate remedy is to file an injunction. Do that as soon as possible.
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Shreyash Mohta
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Sunil Kumar Singh

Responded 5 years ago

A.File injunction in Civil Court.
Pay to Consult
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