Partnership denied.
Sameer
(Querist) 10 November 2014
This query is : Resolved
Sir,
Two partner 50% each developing building, one partner die in june 1990, second partner took all matters into his hand promising deceased wife that he will honestly do fair business with you. deceased partners wife is illiterate does not know business & English, second partner entered in to the new partnership deed comprising himself deceased wife,her minor son and his daughter and son
,he used to took signature on papers written in English from deceased wife time time during the development of the building, now he is not giving accounts to her, saying that i have honestly completed this project, building completed in 1998 & Now he come up to the deceased wife saying that firm to be dissolved because the sole project which he jointly done with you is completed & all accounts is settled as he stated firm is still not dissolved what to do please guide.
Jayashree Hariharan
(Expert) 10 November 2014
is this a partnership at will or for the particular project? then he can dissolve it by giving notice. but he should settle the amounts, partnership accounts have to be clear. otherwise the present partners can approach the appropriate court for action.
Jayashree Hariharan
(Expert) 10 November 2014
hope the present partnership deed is registered otherwise it is quite difficult. even otherwise, if the project was completed when the husband was alive, the amounts have to be paid to the wife. this is as far as my knowledge goes.
Sameer
(Querist) 10 November 2014
Partnership is still in force, yes said partnership is registered, second partner took all business in to his own hand promising to the deceased wife that he will handover profit share once the project got completed, he paid some amount to her but not giving complete account of the project to her and demanding from her to agree to dissolve the firm & accept Loss/profit account what ever he is mentioning in the dissolution deed. pl advise..
Rajendra K Goyal
(Expert) 10 November 2014
The wife should try to get / obtain the copy of partnership deed. If registered, it would be easy to get it from registrar office through RTI. If any Bank account was maintained in the name of the firm, copy can also be obtained from file of the Bank. Broad sketch of accounts can also be drawn by obtaining from Bank Account statement.
She should engage the services of some reliable relative / lawyer to go into the details.
Sameer
(Querist) 10 November 2014
yes she has got the partnership deed copy which are registered.Bnak account is functional but cant get statement of the account, he is not liable to produce all account to her?, he has misguided her by promising false promise, he took her signature on various papers, she does not know much about what was on such papers because she does not english, he always keep saying that your signature require to me time to time because you are partner on the firm, you just do what i say to you in the interest of the project, and she acted as he directed to her to do.. pl advise.
Sameer
(Querist) 16 November 2014
she has got the partnership deed copy which are registered.Bank account is functional but cant get statement of the account, he is not liable to produce all account to her?, he has misguided her by promising false promise, he took her signature on various papers, she does not know much about what was on such papers because she does not english, he always keep saying that your signature require to me time to time because you are partner on the firm, you just do what i say to you in the interest of the project, and she acted as he directed to her to do.. pl advise.
