Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Troubled Hubby (support )     07 January 2011

Partnership and money related matters

Dear Sir

my wife was running a computer institute at her home town which was running in her name and the firm was registered in her name one day two ladies approached her with a business proposal saying this would fetch her money she agreed and a partenship deed was registered with my wife name and other two ladies

But whlie transcating the business these two ladies have approached one of their client and without my wife signatures have got the business and execuated at my wife insistute but my wife signatures are not thier on the business deed which was signed by the two ladies and the client. my wife was not involved

Altogethar due to her marrriage she had to close the computer institue which was going into loss

I have few questions

1.  The two ladies have approached the police station asking her to pay huge amount for no reason because my was not innvolved with the business at all

2. my wife had done all the work realted to the two ladies and at the end came to know that they have cheated her by not involving her in the business agreement wiht the client.

3. my wife registered a NC wiht the local police station the two ladies who have lot of muscle power and money power influenced the police person and are asking as to pay the money and settle the case.

4. since my wife's aged mother lives alone in her local town these two ladies along wiht some Mahial sangaha go and abuse and threaten her mother who is 65 years old and lives alone in her home town we had given an NC complalint seeking protection to her mother

5. Suddenly the two ladies approcahed police station along wiht mahila sangha and now police instead of protection her mother are asing to settle the matter by paying the amount otherwise they are saying that consequences will be worse.

Pelase suggest how to tackle the POlice and the two ladies









 3 Replies

Manish Singh (Advocate)     07 January 2011

The police has no role in this and they can not even lodge FIR. so do not worry. 

Your wife should have either dissolved the firm or sent them a notice for retirement as per the covenants of the deed.

Look into deed whether two partners can get into any business deal or not. if that is the mandate under the deed then your wife may be sued in the court. But i court you can prove the fraudulence after presenting evidence.

Troubled Hubby (support )     07 January 2011

As per the patenership deed which is registered under sub-register office my wife is the first person and other two persons are second and third .in one of the clause it is metioned that all the parties while transcating the business first person concent is necessary as she own the computer institue and the others are using her facility to transcat business and a joint account was opened in the name of all the partner

The second and third partner have not used the joint account and had used thier personal account for transcatign the business with the client

Manish Singh (Advocate)     07 January 2011

Then the liability can not be made on the partnership firm indeed its th other two person's personal liability. Therefore, you wife also can not be made liable for any claim /debt. just do not worry. no case is made out against you.

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