RETIREMENT OF PARTNER
Querist :
Anonymous
(Querist) 02 June 2011
This query is : Resolved
A PARTNER RETIRES BY EXECUTION OF RETIREMENT DEED IN 1990 BUT AFTER 20 YEARS HE IS CLAIMING HIS SHARE AND DISSOLVING THE FIRM . WHAT RIGHTS/PROCEDURE AND PROOFS HE HAS TO SUBMIT TO PROVE HE IS STILL A PARTNER BEFORE COURT AS HE HAS NOT SUBMITTED ANY ORIGINAL /CERTIFIED COPEIES TO SUSTANTIATE HIS CLAIM . JUST BECAUSE HIS NAME WAS THERE IN A PENDING CASE BEFOR A FORUM AND THE JUDJMENT CAME IN THE YEAR 2008 REGARDING THAT IMMOVABLE ASSET OF THE FIRM, HE IS TRYING TO TAKE ADVANTAGE OF THE SAME. WHAT REMIDIES CAN THE EXISTING PARTNERS TAKE TO NEGATE HIS CLAIM BEFORE THE COURT?
Devajyoti Barman
(Expert) 02 June 2011
The retirement dded needs to be seen. Generally the partner after its retirement can not claim anything from the partnership provided his accounts are settled,
