Mohammed Rizwan Shaikh
4 years ago
Respected Experts,
A sweetmeat partnership firm was formed by and between 4 partners in 2018 and it was agreed that the business will take place on the said address. The Deed of Partnership does not bears the exact address of business operation, it only states that it's in a building. Further, the deed of partnership was sent for registration with ROF, Mumbai in 2018 itself. In Oct 2020, one of the partners expired. After the death of the partner, the wife of the deceased partner sent a letter to the other partners to include her as a partner by the virtue of clause 11 of the said partnership deed and simultaneously informed the ROF about the death of the partner.
The said Clause 11 reads thus:
"11. Any of the partners shall be entitled to nominate one person to succeed to his share in the partnership and on the death of the partner the partnership shall admit such nominee as a partner in the place and stead of the deceased partner and shall not deal with the other legal heirs of such deceased partner. It is clearly agreed and understood that the nominee of such deceased partner shall alone deal with the legal heirs and representatives of the deceased partner."
On the receipt of the letter sent by the wife of the deceased partner, the other partners got aggravated and threatened to either take a back-step or take your share and/or go away. The other partners do not want to include the deceased partners wife as a partner.
The aggrieved wife approached the ROF to know the status of the firm wherein it was informed that the said firm is under objection due to some incorrect dates.
Please note that Arbitration Clause is present.
Experts,
Please advise whether the Partnership still exists or it stands dissolved?
What legal remedy the aggrieved widow has to fight in the Court of law?
How can the legal heirs of the deceased partner dissolve the firm and restrain the other partners from entering into the suit premises?
Your advice will save someone's life and property.
Regards,
Mohammed Rizwan Shaikh
Kani
4 years ago
Dear experts, kindly share your valuable knowledge. I am a banker and a person has taken loan from us. Now the loan has become bad and bank has to file suit for recovery/SARFAESI. The person also has another account with us under POA where he is the principal but the account is run by the attorneys holder under the principal’s PAN. This account is still running well. My question is whether I can attach the POA loan account to the principal’s bad loan account while filing suit/Sarfaesi process
kavitha
4 years ago
Dear Respected Experts,
My father had rented out his house for a tenant 10 years back. He did not pay rent and did not want to vacate the house. My father filed a case in court and got a favourable order from the court. Now we went to the house along with Police Inspector, Ameena, the Eviction order and our Advocate. But he is still adamant and does not vacate the house.
1) What will be my next course of action? how to evict him?
Thanks in Advance
Anonymous
4 years ago
Dear Experts,
I was working in a company A for 7 yrs and recently changed my job and joined another company B because company A was paying half salary post pandemic and I was not able to survive with that.
Now I am working in company B. Problem is my previous company A is not giving me a relieving letter because company B has signed a no-pouch agreement with company A which I was not aware of till I asked for relieving letter from company A. My background check email from company B went to company A and they got to know that I am working on company B and company A sent email to company B asking them to terminate me from job and they have suspended my relieving letter and also my final settlement.
As company A know that I am working in company B, they are now asking me to sign no-pouch agreement for company B which I denied because I have already joined company B.
I couldn't serve notice period and took early release from company A and they deducted my notice period days from final settlement and sent a final settlement letter indicating same and asked me to sign. Now they are saying they are suspending final settlement as well.
My current company B is not responding to previous company A and looks like since they broke the no-pouch agreement with company A and they might terminate me.
Kindly suggest what are my options here to get relieving letter and final settlement and also save my job.
Anonymous
4 years ago
Hi,
If a "WILL" registered specifies that the testator has only one child. However, the testator has more than 1 child.
NOTE: Testator is uneducated here so a transcriber was used to write the WILL
Is the WILL considered valid?
Ekta Makwana
4 years ago
My husband had thrown me out from his home before 5 yr now he had send me divorce notice and had done mairi karar with another lady what can i do
Shamnaz Abdulrahim
4 years ago
Hi,
What wil be the stamp duty for Confidentiality Agreement? I'm from Nilgiris, Tamil Nadu.
Regards
BN
4 years ago
I am a flat owner cum resident of a gated community in Hyderabad, the society having nearly 750 flats. Currently the project is not fully completed but builder has started collecting maintenance which it is maintaining through 3rd Party (external agency) by 2 years advance funds collected from flat owners. Even though people have been residing in their flats since more than 2 years and registration of 90% of the flats completed, the builder has been deferring / postponing the RWA formation citing various reasons. Their main idea is to enjoy the huge amount of Corpus Fund and its interest for a maximum possible period. Builder is also earning money from the clubhouse, renting out the facilities to outside parties, etc without sharing the details of income and expenses with the flat owners. I have a doubt that this money will be pocketed by the builder.
I have the following queries:
1. What the law says on rules and conditions of RWA formation, what percentage of registrations to be completed to be eligible to form RWA, etc.
2. What are the remedies available in case RWA formation / transfer of corpus fund and other income to RWA is deliberately delayed by builder.
Request the experts on this platform to please give their valuable suggestions.
Thanks in advance
Bhuvaneswari P
4 years ago
Sirs,
My father, 84, passed away in June 2021. We got our legal heir certificate yesterday. In that, for my mother, 81, (legal wife) marital status is mentioned as "married". Is that correct or should it be "widow".
Will status "married" be misinterpreted as re-married..??
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