sleeping partner's right to claim partnership profit

Querist : Anonymous (Querist) 14 December 2009 This query is : Resolved
I am a parner in a partnership firm but in the begining of our partnership my other two partner's malafidely not added my name in the partnership deed they distribute all profits in four equal ratios and 25% each for 3 partners and 25% remaining always kept in bank. but after 3 years of partnership they refused to give my profit share saying that you are not our partner and your name is also not present on the parnership deed, what should i do now.

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Devajyoti Barman (Expert) 14 December 2009
In absence of your name in the partnership deed you seems to have no case though you can file a suit for declaration of the deed of partnership as null and void but in that circumstances too you have to put forth a cogent reason with prima facie case.

Raj Kumar Makkad (Expert) 14 December 2009
No case at all. Nothing can be done.

A V Vishal (Expert) 14 December 2009
In case you have evidence of giving money to the partnership, you can file a money suit on the firm and its partners for repayment of the money along with interest.

Poonam Upadhyay pathak (Expert) 14 December 2009
Not any chance. it is not any case. But i think u can follow the Vishal sir advice.

Ashok Yadav (Expert) 15 December 2009
How you can say u r a partner in that partnership firm, if ur name is not mentioned in the partnership deed. And who is the third partner in partnership deed to whom they r giving 25% share?

If ur name is not in partnership deed u can't claim any profit/money as parner of the firm, but if u have given money to the firm and u can prove it in court, in that case u can file suit for recovery against the partnership firm or the partners of the firm.

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