My father and grandfather are partners in business and doing business in a shop further that shop was purchased from that business afterwards few year later we discounted the partnership in exchange of money and we are now me my father but our is giving his shop to his elder son who is my dads elder brother how has no share in business is it right or we can appeal because that shop is doing business for 25 years
You discontinued the partnership yourself and took money in exchange of business and moved out of the scene yourself.
i think you have no right over the shop, your grandfather is lone owner and its his wish to whom he will give that shop.
for further detailed explanation and to see your chances of getting your share (If any) , i need to know few things ,
Feel free to call
We didnt move grandfather moved in return of money
If at present You are doing business in that shop and paid money to grandfather for this shop and business then this shop is only yours and if you have paid money without mentioning the shop in papers of discontinuation of partnership then they can claim their share in the shop.
If that shop is property of the Firm under which you are doing business and also you purchased the share of your grandfather then this shop is yours....STILL
If they claim and file a suit against you, better hire a experienced civil lawyer
Your query is not clear
2) it appears your grand father and father were carrying on business
3) your grand father sold his share in business to your father
4) your grand father having sold his share cannot transfer shop in favour of your elder brother
5) file suit and seek injunction restraining transfer of shop in favour of uncle
I presume grand father was paid sale consideration by cheque only
Grand father cannot transfer shop to eldest son
If your father has formally moved out of this partnership by way of selling his holding to your grandfather in lieu of money, he cannot challenge this transfer by grandfather to elder son.
Who is having the title over the shop?
In my advise and as far as I can decipher from the limited facts presented by you, the grandfather gave upon his share of business to your father against some consideration
And therefore if the above is true then the grandfather now can not sell the same to some one else.
File a suit for permanent injunction w.r.t. the transfer of shop in favor of your uncle.
regards
Agar paise deke partnership khatm ki thi to , paiso ka recod hona chahiye, jisse ye saabit ho jaye ki shop me dada ka koi haq nai aur wo tumahre pita ji ne paise deke le li. Adverse possession ki theory bhi kaam aayegi agar shop ka share kharcha app uthate hai , pani bijli, tax.
Since your father has taken money in lieu of the compensation towards the dissolution of partnership firm, he has no claim whatsoever at this stage.
After your father left the business, he has relinquished all his rights hence your grandfather as a sole owner can transfer the property to anyone of his choice, your father cannot object to this.
No claim for a share in the business or its assets at this stage is maintainable.
We didnt move grandfather moved in return of money
It is nothing but relinquishing the rights in the business in return of the money compensated to that extent