Illegal retirement of a partner.
Querist :
Anonymous
(Querist) 25 March 2019
This query is : Resolved
Dear Experts,
We have a registered partnership firm (factory) of our family. Other partners retired me from the partnership of the firm by furnishing a false retirement deed on a stamp-paper.
I did not send any legal notice or filed any case against them so far due to our real and close blood relations. There are some important positive points of my favour as mentioned below:
1) I got the certified copy of Registration of firm documents and came to know that my signatures are forged.
2) I did not give the compulsory notice of three months prior to all other partners to retire me which was necessary as per law.
3) After retiring me, the continuing partners did not give any public notice/ information to gazette regarding my retirement in which was necessary as per law.
4) I did not get any payment of my share after assessing the value including profit, in any form from the continuing partners at the time of my retirement and even my own capital is still credited/ payble in my account in the books of the firm as it was earlier.
5) The notary in the fabricated documents do not show the name of notary officer nor it's reg no and no circular stamp.
How I can prove that my signatures and retirement deed is false and forged?
What legal action can I take?
kavksatyanarayana
(Expert) 25 March 2019
Dear queriest, Yes. As it is a registered Firm, if any changes made, it shall be filed in the Format prescribed for it along with re-constitute of partnership deed (all the partners shall sign) and shall be filed before the Registrar of Firms. As per Income Tax return filed by the Firm and there are assets, you are eligible for your share. so file case. show all material you have to a senior CA and after consultation with CA, consult local advocate to file case in District Court if necessary.
