Retirement by conduct in partnerships; no retirement deed


  • Lady joins partnership firm via reconstitution deed.
  • After she was married à made to retire
  • But no retirement deed
  • But lady did not interfere with work for 20 years – before/after retirement
  • Form O submitted a few years later by company in 2013
  • But there exists a REGISTERED partition deed where she affirms she retired.

Now lady alleging by filing a suit in 2017 that;

  1. I did not retire.
  2. I didn’t sign any document.
  3. I was told bits and pieces and was told I was still part of the firm.
  4. Firm made me sign bogus documents.

Issues;

  1. Can there be retirement by conduct.
  2. Is a retirement deed necessary?
 
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