Querist :
Anonymous
(Querist) 19 February 2010
This query is : Resolved
Dear sir/Madam
A partnership firm has 4 partners A B C D. In 2003 C and D were made to retire from partnership by A and B. C & D signed a dateless retirement deed. No retirement payment was made at any stage.
C & D continued in partnership till 2009. Now A & B want to retire them by using that old dateless document by putting a date of 1st april 2009.
1) What is the status of the document if it is proved that the signatures were made six years back and the date was put after six years?
2) Will not handwriting experts be able to tell that signatures were made six years back and the date has been of recent times?
Raj Kumar Makkad
(Expert) 19 February 2010
In the given case what is the evidence in the possession of C & D which may beyond any reasonable doubt may establish that they remained partners till 2009 and what evidence they can bring showing that they had tendered their retirement deed during 2003 which was never acted upon?
If both these basic questions can be solved only then C & D should hope to derive something out of the situation otherwise it is difficult to prove.
ad. creaminall
(Expert) 19 February 2010
i agree with mr. raj kumar. for findout the oldness/age of document/signature, you can take the help of forensic science but the procedure will take long time.
or for short reasult the partners C & D has to rpoduce the documentary evidence shows their involvement in day to day business of firm and proove that they are continued in firm.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup