Mohammed Rizwan Shaikh
08 September 2021 at 20:50
Respected Experts,
A sweetmeat partnership firm was formed by and between 4 partners in 2018 and it was agreed that the business will take place on the said address. The Deed of Partnership does not bears the exact address of business operation, it only states that it's in a building. Further, the deed of partnership was sent for registration with ROF, Mumbai in 2018 itself. In Oct 2020, one of the partners expired. After the death of the partner, the wife of the deceased partner sent a letter to the other partners to include her as a partner by the virtue of clause 11 of the said partnership deed and simultaneously informed the ROF about the death of the partner.
The said Clause 11 reads thus:
"11. Any of the partners shall be entitled to nominate one person to succeed to his share in the partnership and on the death of the partner the partnership shall admit such nominee as a partner in the place and stead of the deceased partner and shall not deal with the other legal heirs of such deceased partner. It is clearly agreed and understood that the nominee of such deceased partner shall alone deal with the legal heirs and representatives of the deceased partner."
On the receipt of the letter sent by the wife of the deceased partner, the other partners got aggravated and threatened to either take a back-step or take your share and/or go away. The other partners do not want to include the deceased partners wife as a partner.
The aggrieved wife approached the ROF to know the status of the firm wherein it was informed that the said firm is under objection due to some incorrect dates.
Please note that Arbitration Clause is present.
Experts,
Please advise whether the Partnership still exists or it stands dissolved?
What legal remedy the aggrieved widow has to fight in the Court of law?
How can the legal heirs of the deceased partner dissolve the firm and restrain the other partners from entering into the suit premises?
Your advice will save someone's life and property.
Regards,
Mohammed Rizwan Shaikh
shyam lal
20 August 2021 at 07:07
A co shareholder of a undivided immovable property gifts his share without any consideration to a third party ,where as the registered WILL mentions that one month notice has to be given to other co shareholders informing intentions of sale to third party.Situation is the share holder does not sell his share but gifts his share to the third party,query, is there anything wrong legally by not notifying before gifting his share.
Rohan
19 August 2021 at 20:44
Hi,
Is a power of attorney made in Karnataka for a relinquishment deed to be made in Goa valid?
Thanks
Jonathan
Kripal G Rawat
18 August 2021 at 11:35
how to amend partner ship agreement were a HUF is a partner and is it necessary to register a partner ship agreement
Anonymous
18 August 2021 at 11:12
i am interested in buying 125 sq yards building consisting of basement,stilt parking and four floors. on enquring it came to my notice that builder property was booked in 2012 by MCD due to exceess coverage/deviation from sanctioned plan. builder has assured to get it regularised from MCD if I go ahead with buying the property. can It be reguralised by paying penalties to MCD. what do you suggest? personally it is within my budget and i am very much interested to buy this property. can i avail bank loan against this property in current state? kindly suggest urgently.
Member (Account Deleted)
18 August 2021 at 00:07
Me and my father(late) registered a partnership firm (50-50). My father was the managing partner of the firm. It was specifically mentioned in the deed that in case of death of any of the partner partnership shall not dissolve and share of the deceased will be automatically transferred to the other partner. Now my father has died. What do I need to do? Has the partnership automatically dissolved as I read somewhere in case of only two partners in a partnership, partnership shall dissolve automatically. Or in case of the above mentioned clause in the deed the partnership has automatically been converted to sole proprietorship? We have not yet registered for get as partnership.
Regards
Anonymous
15 August 2021 at 06:19
Case is in direction of high court nanital
Prasad
13 August 2021 at 15:07
sir,
i have filed an RTI on 01 July 2021. i got reply on 20 July saying -in view of restrictions imposed due to covid disposal of RTI cases may take more than stipulated time as period as defined under RTI act.
today is 13/8/2021.
still information not received .
request advice to proceed further .
Mani S
13 August 2021 at 12:29
There is a senior citizen (widow) living in Vile Parle (East), Bombay who owns a piece of agricultural land in Tirunelveli Tamil Nadu. She wants to sell it and there is a buyer. Due to age and health issues she is not able to travel to Tirunelveli. She wants to give Power of Attorney to a third party who is helping her in this regard (She has no close relatives in Bombay). After duly ensuring that her rights are protected, is there a way that she can give the PoA to third party. If yes, is it required for the 3rd party also to be present in the registrar office in Bombay to register the PoA? We need specific power with a schedule of the property in the PoA. Mere Execution Power will not do. Can anyone refer me to any reliable document writer or advocate in Vileparle (East) who can draft the PoA and facilitate registration. Thank you.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Power of attorney
Kindly advise whether a registered specific POA can be amended?? POA was given for construction and sale of apartments but did POA not mention power to take loan or mortgage the land. Or does it have to be revoked and new poa execute?