Partnership
anil kumar agarwal
(Querist) 22 April 2012
This query is : Resolved
there were 3 partnership firm having diffreent partners , , in 1990 on verbal agreement new partnership deed were created and partners of all the 3 firm get changed without getting any written consent from any retiering partner, and continued business till now in new structure, now one of the sucessor of outed partner of a firm lodged a fir under section 420, 467, 468 etc alleging partnership deed of 1990 fradulent as there was no written consent from outed partner, what will be legal outcome, is the deed created in 1990 is fradulent , can accused defence of verbal agreement hold merit.
Shonee Kapoor
(Expert) 22 April 2012
Verbal agreement would also need to be proved by oral evidence.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 22 April 2012
The Retired Partner is responsible only for his past acts even if when public notice is not given and that too not for a sleeping partner.
Now once the retirement of a partner is accepted he can not challenge the acts done after his retirement.
So what the legal heir of the retired partner has alleged needs to be seen.
ajay sethi
(Expert) 22 April 2012
it iwll have to be proved by evidence that one partner has retired in 1990 nad he rhad dult consented to the same .
prabhakar singh
(Expert) 22 April 2012
If they admit the creation of partnership but challenging only retirement to be fraudulent in the FIR statement,in my opinion ,no offence should be understood to have been committed.It becomes a question of civil litigation.
Raj Kumar Makkad
(Expert) 22 April 2012
Where was that partner who was ousted during the year 1990 till next 22 years?
Silent acceptance of the events totally goes against the legal heir of deceased ousted partner. There is no ground to sustain FIR. Get the case quashed through high court.
