Legal Question in Real Estate Law in India

My father and his brothers were running a partnership firm and they were into mfg. of papers. Given Hugh losses in business was shut. One of the worker went to labour court and sought order against my father and uncle. The order was passed ex parte as we didn't had money to fight in court in 2004. Please note that all the summons were served to partners but they didn't responded as they themselves were under difficult situations. Questions are as under

1. Can the joint property be attached (owned by partners along with sister and mother) as liability is only of partners?

2. Can mamlat dar auction this property given that this property is joint? If yes, on what ground can we prevent him from auctioning?

3. If mamlat dar do not auction then on what ground a worker can recover dues given that partners do not have any assets as they had huge business loss.


Asked on 4/05/16, 10:39 pm

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Partnership firm as well as partners are liable to pay the debt. But joint property can not be attached. You have not mentioned whether court has ordered for attachment or not. If such order is made, the other holders of property can put up an objection.

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Answered on 4/09/16, 6:46 am


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