Share
Dispute
Question
My father during his lifetime accounted for my entire family (husband and children included) which means he handled the taxation (income and corporation tax), properties, LIC policies, bank accounts, firms (as partners only) etc. After his death five years ago, my second elder brother continued to do so.
Also, recently there is a court case running over a property that my father held. My father had agreed to sell upon a piece of land that he owned just before his death. And now the court order is passed for which my signature is required.
I have refused to sign as I had requested my brother that; related to all of the above-mentioned documents and files, be handed back to me. Also, I would like to exit being a partner to the firms that I and my husband were a part of.
However, in what has been handed back to me, there are important stuff missing,
One such e.g.: – the Sales Deed of one of the properties
He also refuses to give me a copy of the partnership deed of the firms that I and my husband are a part of. Let alone allow me to exit it.
Hence, I have told that I will not be signing until a legal agreement is made as a guarantee to me, that this will be taken care in due time. This has not been received well and has been rejected.
My clarification is with respect to my refusal to sign. Will this cause a problem to me if the court order passed lapses?
Another clarification is with respect to the legal agreement that I had requested my brothers – What type of legal agreement should be made for such a case?
Answers ( 2 )
Regarding your ist clarification firstly you have to clarify that when the civil suite was filed. During the lifetime of your father or it has been filed after the death of your father. If it was so then had u arrayed as party in the suit being legal heir of deceased and what was your stand in the civil suit . Regarding your second clarification you can ask your brother to enter into family partition which is valid document for partition of family property.
In case you refuse to sign, there will be no legal implication. As I understand, your brothers are wanting you to sign a compromise which must have arrived at between you and all the parties during the court case in a mediation proceedings.
actually your facts are not clear as to what kind of suit was filed and what has been the Order passed in that suit. who filed the suit and what was claimed in the Suit are required to be seen for giving you proper advice.
Further if they are not allowing you to exit the partnership and are neither providing you with a copy of the same, then it is advisable to issue a legal notice to them and in the meanwhile, you may make a police complaint as well.
what kind of guarantee are you seeking? kindly elaborate further. as I understand from the limited information, you are looking at a Settlement Deed. please clarify.