Legal Question in Civil Litigation in India

Re: fight for property between brothers

I understand you want to separate from the partnership. In that case you have to file a suit for partition in the court based on the jurisdiction laid down in CPC.

You can file a case based on the new profit sharing ratio.

Re: fight for property between brothers

I understand you want to separate from the partnership. In that case you have to file a suit for partition in the court based on the jurisdiction laid down in CPC.

You can file a case based on the new profit sharing ratio.

Re: fight for property between brothers

I understand you want to separate from the partnership. In that case you have to file a suit for partition in the court based on the jurisdiction laid down in CPC.

You can file a case based on the new profit sharing ratio.

Re: fight for property between brothers

yes, you can file the case stating that there was agreement for 55 and 45% of sh are in the firm. you may obtain requisite orders from the civil court.

Re: fight for property between brothers

Mr. Gupta, the place of filing will depend upon the cause of action arisen in the dispute.

However, the fight may not be worth; the time and expense involved in litigation may cause you much harm than you are likely to suffer in accepting your brother's assumedly wrong demand. If you had been generous in conceding 45%, giving away another 5% to a trouble-some brother may bring more happiness and peace in the family.

My advice : In view of our procedures and costs involved, avoid litigation and make efforts for an out of court amicable settlement. Though, you may have a very strong case in your favour on the basis of that 55:45 agreement.