about partnership

Querist : Anonymous (Querist) 01 September 2010 This query is : Resolved
a lady was a partner of one company of two partners only. the other partner died in 2007. he had given verbal promise to that lady that he needs nothing from partnership firm and before his death, he would hand over the entire property movable,immovable to that lady for rs. 2 lakh only.

now his legal heirs had started sending notices showing the reason that they are now legal partner of the firm and they need to have 50% share of the all property.

when asked to settle the account, they flatly denied saying that it is the existing partner's liabilities and they are not interested in paying the govt dues, one of which is income tax since 2 years and sales tax.

the legal heirs also stated in the notice that the 50% of company's share has been bequeathed to them by the will made by the partner before death. when asked to see the copy of the will, there were first two pages and the last few pages were missing.

can we ask for the copy of the will made by our partner before his death?? what we think that the will is a fake and hence the legal heirs of the deceased partners are hesitating to show to us.

how to solve this matter?? pls. give us a reply..

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s.subramanian (Expert) 01 September 2010
You ask for the copy of the will. If they do not give you can file a suit before the court of law .

R.Ranganathan (Expert) 01 September 2010
If the dues are to the govt. then the govt. will attach the properties of the partners. You can give the names of the legal heirs and their addresses also. Further you can go in for dissolution of the firm in court giving all the particulars.

Manish Singh (Expert) 01 September 2010
if they inherit the partnership share, they shall inherit the liabilities thereof too.
also, you ask for probate of the said Will since as per the averments, the execution of the will seems to be doubtful. ask them to fight it out in the court of law.

M/s. Y-not legal services (Expert) 09 October 2010
I agree with mr.ranganathan. Old partner's oral promise not enough to you. The legal heirs are rightfull persons for their claim..

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