Partnership
Deepa Dimri
(Querist) 08 April 2017
This query is : Resolved
I was in partnership deed since 8 years and have been forcefully asked to accept retirement.
What is the legal remedy available
Dr J C Vashista
(Expert) 09 April 2017
Commercial query, engage a local lawyer.
DR.VEDULA GOPINATH
(Expert) 09 April 2017
Ms. Deepa Dimiri
Retirement from partnership is a natural process subject to free will of the retiring partner and the partner cannot be forced to get out.
This amount to expulsion of partnership.
Please do give me a copy of partnership deed and tell me circumstances for forced retirement for which we can take remedial legal action.Coersion and undue influence on partners to retire and resign is illegal and thus not valid.
cs dr vedula gopinath
sr advocate and arbitrator
vgnath@gmail.com
m9866013121
Deepa Dimri
(Querist) 09 April 2017
Dear Mr.Gopinath,
Thanks a lot for your reply.
Reason for forced retirement is i was on maternity leave of 3 months and after resuming back was informed that one of other partners relative is already handling my work so they don't require me. I was in partnership since 8 years with them. They have made a revised deed retiring me and increased the remuneration and profit sharing ratios of other partners
Guest
(Expert) 09 April 2017
Your version, "They have made a revised deed retiring me" is unbelievable, as without your willful resignation/ retirement, you cannot be retired as a partner by other partners.
Dr. Vedula has very clearly advised you on the issue through his statement, "Retirement from partnership is a natural process subject to free will of the retiring partner and the partner cannot be forced to get out."
It seems your query has nothing to do with any real problem.
However, if there is any truth in your story, you may better take help of some local lawyer to fight your case, as the revised partnership deed is quite invalid.
Deepa Dimri
(Querist) 09 April 2017
Dear Mr.Dhingra,
Revised partnership deed with my desire to retire has been made without my consent and i am being forced to accept the retirement and sign the same.
Guest
(Expert) 09 April 2017
You are not clear in your description, when you say, "Revised partnership deed WITH MY DESIRE to retire has been made WITHOUT MY CONSENT and i am being forced to accept the retirement."
Nothing can be construed from your statement. If that was with your desire, how that can be without your consent?
Rajendra K Goyal
(Expert) 09 April 2017
All documents need to be referred.
Show all documents to local lawyer and proceed.
Deepa Dimri
(Querist) 09 April 2017
Dear Mr Dhingra,
I meant to say that revised partnership deed has been made in which the language used is "I desire to willfuly retire and other partners accept my retirement."
However in actual i did not want to retire they want to remove me and made this agreement without my consent and are asking me to accept retirement.
I hope i am now clear.
Guest
(Expert) 09 April 2017
You may file complaint with the police. Nobody can compel you to sign the revised partnership deed.
Susmita
(Expert) 10 April 2017
Mrs. Deepa. As suggested by Mr. Gopinath and Mr. Dhingra sir then you must clear that no body will compel you to give retirement unless their is a solid reason for such act. Maternity leave is not a reason for compel you to give retirement from partnership.
You must file complaint before Court both in civil and crimjnal. Consult a good local lawyer.
