Aftab Bharmal (Developer) 25 February 2011

Power of Attorney Of a partner

Hi,

I have a question. We have a partnership buissness in Kolkata. And some disputes are going on between the partners.

We are from Gujarat. Now My dad being a senior citizen cannot travel west to east of india. He would like to transfer the power using Power of Attorney.

My question is Can he appoint a power of attorney from gujarat even when law suits are going on kolkata related to the partnership buissness. ?

Can a POA dissolve the firm using teh 1932 act section 43- clause. where any partner can dissolve a firm by a written notice to other partners.

Thanks.

Aftab

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5 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 25 February 2011

Yes POA can represent you and can act on your behalf. But finer point is he can depose in the court aonly the acts done by him after the grant of POA.

M V Gupta (Advocate) 25 February 2011

Your father can give a general power of attorney to a competant person to represent him in the court litigations pending in Kolkata. But as mentioned by Expert Mr. Shashikumar the POA cannot depose in the court as witness on matters to which your father is direct witness. As regards dissolution of the Firm, your father will have to follow the terms and conditions of the Partnership deed. If the Partnership is at will he can dissolve the partnership by serving a notice in that behalf and call for settlement of accounts. But before doing so your father should carefully consider the effect of dissolving the Firm during pendancey of the suits at Kolkata..

Aftab Bharmal (Developer) 26 February 2011

Originally posted by :Aftab Bharmal
"	Hi, I have a question. We have a partnership buissness in Kolkata. And some disputes are going on between the partners. We are from Gujarat. Now My dad being a senior citizen cannot travel west to east of india. He would like to transfer the power using Power of Attorney. My question is Can he appoint a power of attorney from gujarat even when law suits are going on kolkata related to the partnership buissness. ? Can a POA dissolve the firm using teh 1932 act section 43- clause. where any partner can dissolve a firm by a written notice to other partners. Thanks. Aftab	"

Thank you sir for your answers..

As far as notice is considered. I would like to know. That we are residence of gujarat. .

Can we send the notice for dissolving the firm from gujarat and send the same across the concerns authority and partners in kolkata to shutdown the buissness. with immediate effect. ?

Thanks.

M V Gupta (Advocate) 26 February 2011

You can issue the notice of resignation or dissolution from Gujarat. Better consult your local advocate in the matter. He will issue a suitable notice (dissolution or resignation) after going through teh partnership deed.