Legal advice on private limited company registered with ROC Chandigarh
With due respect I want to say that I am Gourav dabra from muktsar Punjab, my father was MD of Dabra cotton mills Pvt Ltd company registered with ROC Chandigarh and owner of land( six kila )some of which is on the name of company and some land on his name ( Dabra cotton mills through Roshan Lal dabra) in revenue records. My Grandfather, Grandmother my mother me and my brother and my father's two brothers and their families are also shareholders in this company.my grandfather and grandmother was died in 1996/1997 and my mother was died on 25/11/2004,after the death of my mother, my brother had filed case in Punjab and Haryana High court against this company as shareholder that my father was MD of this company and he was liable for the default of company and the high court called my father and my brother several times upon to sort out the whole matter, but in between the case, my father was died on 2/2/2010 and after the death of my father Punjab Haryana High court decided the case in 2012 and the judgement was in favour of legal heirs that the MD of Dabra cotton mills is making company in default and this is the dispute with in the family and MD of company had no more and the legal heirs can take over the company. After that I moved application in revenue office for transfer of land on the name of legal heirs and after all the documents verification halka patwari transferred the land on the name of legal heirs in 2012 . After eight years one of my father's brother moved application in revenue office that he is the director of this company and the land which was transferred on the name of legal heirs is wrong and ADC muktsar transferred the land on the name of company without any notice to legal heirs. After that correction in revenue office he submitted the case in muktsar court that he is the director and owner of company but according to Roc records company was in default from 2007 and the director's are disqualified for five years and according to my knowledge he has never been a director of this company because if he was director of this company than why he had not shown his interest when the case was pending with Punjab and Haryana High court in 2010 after the death of my father who was MD of Dabra cotton mills. Now please help me where should I go for justice, in ROC or in court Thanks.
You said that part of the land is in the name of the company and some land is in the name of your father, and MD of the company but whether he registered the land in his name was purchased out if his own funds or on behalf of the company in the capacity of MD of the company is to be ascertained. And you contact the ROC to wind up the company which is the first and foremost thing and simultaneously after ascertaining the land and other properties owned by your father move the court for liquidation of the company and get directions to divide the shares proportionately among all the directors. And as for as the property owned by your father (not on behalf of the company but acquired by his self earnings or by heteditory) you can divide the assets among your siblings in the capacity of legal heir of your deceased father. For any other queries please contact me on my mobile 9443436740.
Feb 18
As per your own admission land is in the name of company only but part of it is in the name of your father on behalf of the company. So it is the property of the company So it can not be transfered to the legal heirs of the deceased shared holder even though land was in his name. So entire thing amounts to be a fraud. Legal heirs can get only shares in the company held by the deceased. And not the land. The company is to be dissolved and residual value after paying all its dues is to be paid to the shareholders proportionate to their shareholding in the company.
Feb 11
It appears from your saying, moving to the court is foremost & you can get necessary copy of papers from ROC to move in the court.
Feb 11
This seems to be much more complicated than what you have stated in the post. It need care ful study of facts before commenting /giving advise. call me up if you like
Feb 11
Y punjabi's are interest in partition only is there no remedy to stay united
Feb 11