LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dexter Andrade (Banker)     11 April 2014

Partnership firm

Hello All,

My dad is part of a partnership firm that consists of only 2 partners. In 2013, the other partner died.

The deceased partner was married twice. The first wife passed away and he is divorced from his second wife. The court has given in favour of the partner that NO ALIMONY to be provided to the 2nd wife.

After the death of the partner, given to understand that the partnership firm no longer exists and the firm has to be dissolved. The deceased partner has a will which gives all the property and his share to my DAD.

In 2013, november, the brother and sisters of the deceased partner have sent a notice to our lawyer that "the intention of their brother (the deceased partner) was to give his share to charity and that the will that we possess is false"

The firm is now in process of being dissolved and a new firm with me as the new partner is being reconstituted.

Question

1) Are the brother and sisters of the deceased partner the leagl heir?

2) Does the partnership firm continue to operate as usual during this process of dissolving?

3) How would they prove that the WILL we have is false? and how can we defend that the WILL is genuine?

4) Are there any other hurdles that we can face in this process of dissolving the firm and reconstituting a new firm?

Please let me know if you require any further information not furnished earlier.

Regards

Dexter Andrade



Learning

 1 Replies

Rahul Choudhary (Student)     13 April 2014

1. the brother, sisters are the legal hiers.

2. But you have the will, so the will can be used to transfer shares of the deceased partner.

3. Will cannot be proved false, if its acutally true. If there is a fraud they might find a way to do that.

4. no other hurdles.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register