DRAFT CONTRACTS TO TAKEOVER A MINE LEASE / JV / SUCCESSION PAPERS FOR LESSEE
1) Wish 2 takeover a mine lease in Jharkhand my company being in Mumbai.
2)The mine lease is on an individuals proprietor.( its not ancestral or got thru succession )
3) The proprietor is old and has a wife, two sons and a daughter all married.
4) Two sons are not in good terms and one son takes care of father and his works but has paucity of funds. Wife, daughter, father all willing to assign legal representative rights to the able son .
5) Knowing that the second son can anytime create an issue i wish to secure the contracts so that they no issue comes to my company in legality given that mine leases are specific and for limited duration so cannot be stuck in legal battles.
6) Lease transfer is cumbersome.
7) Suggested a) Will by father to son after his demise as self acquired intangible asset does not need to be probated so cannot be challenged in court b) make able son legal representative and send both papers to mining department to secure the lease c) i do a raising and selling contract along with POA for the entire lease duration.
Which is the best way that i can secure my rights on this mine so no family member of their ever bothers me?