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Utkarsh Gupta   01 April 2022

Legality of partnership deed in court of law

My father is carrying out his business from past 25 years in the form of a partnership firm with my uncle at a rented shop. This shop is rented in the name of my father only. Due to family dispute, my father wishes to retire from this business in a way such that the business can be taken over by my uncle and his family at the very same premises.

My uncle wishes to add this clause in the amended partnership deed - "Mr. A (my father) shall undertake the duty to get the tenancy rights transferred in favour of Mrs. B (my aunt)"

 

However it is to be noted that getting the tenancy rights transferred in some other persons name is not an easy task, as the landlord may never come on-board with this idea and may demand a huge sum.

 

Kindly guide as to how my father can limit his liability as my uncle is not willing to deter from adding this clause into the amended deed.



Learning

 1 Replies

P. Venu (Advocate)     11 April 2022

The condition is virtually an impossible one and hence is not legally binding on your father.


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