Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Aditya (Student)     24 October 2010

Partnership agreement

 Two persons (party) have made an agreement for some business and they have given two witnesses names... after some time..  one witness is trying to blackmail the parties that they have to pay some money to him  otherwise he will tell the court that they have given wrong witness name in the agreement who was not present at notary place at the time of making agreement and this is a false agreement...!!!

 But the parties are ready that they have made the agreement. And the parties are saying that these witnesses have seen the agreement and they are blackmailing us.. also the parties are not getting the second witness(may be a fraud)..     

  Can  witnesses or any other third party claim for such case??? But the parties are agree that they have made an agreement and got it scrutinized from notary?

Please ans it... 



Learning

 9 Replies

H. S. Thukral (Lawyer)     24 October 2010

Tell that person (witness) to go to hell.  

adv. rajeev ( rajoo ) (practicing advocate)     24 October 2010

Notarised parnership deed is not valid document.

B.Chakrapani Warrier (Chartered Accountant)     24 October 2010

Notarised  Partnership deed will not suffice before a court of law unless it is registered with the IG of Registration if there is a dispute among the partners. However, a witness's bogus claim before a court of law can be challenged on the strength of a duly constitued  notarized partnership deed.

Aditya (Student)     25 October 2010

Okay Sir.. But partnership agreement has been really notarized... On the agreement paper it is not written that " Signature of witnesses "  but there is written " Witness" only.  Thats why parties have put there(witnesses) name on the agreement after showing the agreement paper to the witnesses. Now one witness is telling that Give me some money otherwise I'll claim that you have put my signature on the agreement paper without my permission.  But it is sure that parties have made the agreement and got it notarized ( Notarization is not fake).  What will happen if Witnesses will prove that Parties have put their signature or name without their permission.

 Please Sir Reply it

B.Chakrapani Warrier (Chartered Accountant)     25 October 2010

Initially ,facts of the case is not properly drafted and given. Now  some more facts has been given. So, I reserve my observation on the issue. Thanks.

Aditya (Student)     25 October 2010

Sir what is the meaning of duly constitued  notarized partnership deed. Can anyone not claim if the agreement is more than one year older.

H. S. Thukral (Lawyer)     25 October 2010

As you said the agreement is not registered, you can always cancel this partnership deed and rewrite the same with different set of witnesses.  Destroy the earlier agreement. No problem.

Aditya (Student)     25 October 2010

Yes Sir , partnership agreement is not registered.. So they can cancel the agreement... and they can go for new agreement..

 Thank You Sir

H. S. Thukral (Lawyer)     26 October 2010

You can also get the new partnership deed registered. A registered firm has advantages when it comes to enforcing any right arising out of any contract with the third party.  


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register