Retirement of a partner from a registered partnership firm

partner

 

Sir, we have a registered partnership firm (factory) of our family. Other partners retired me from the partnership of the firm on 5-4-2003 by furnishing a false retirement deed on a stamp-paper. I demanded the original copy of that retirement deed to verify my signature but they gave me only a photocopy of that retirement deed and they are saying that they have lost the original copy of that retirement deed somewhere. In fact, they might had my forged or copy signatures on that false retirement deed and I am 100% sure that they do not have and they will never produce the original copy of that retirement deed before court or police for the verification of my signatures if required. 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 favor as mentioned below:

1) I got the certified copy of “A” form last year for the fresh details of the partners from the office of registrar of firms in which I am still registered as a partner because that retirement deed was not submitted and informed in that office so far by the continuing partners which was the first and most important legal paper work as per the indian partnership act.

2) I did not give the compulsory notice of three months prior to all other partners to retire me in 2003 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 2003 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.

Sir, now I want to know that how I can prove my partnership? How I can prove that retirement deed is false and forged? Is it time bound case? If it is time bound, then on which grounds and under which sections of indian partnership act, I can file the police complaint or court case? Please mention in full details along with sections of indian partnership act.

 
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Lawyer

Dear Anil,

If the deed is forged then you should file a criminal complaint to police, its courts duty to verify the sign. court will ask them to produce original, they will have to produce.

If you are still a partner in records of registrar office, you can sue them for settlement of accounts or any other relief as you desired.

You should contact any local lawyer for better advice, and state him all facts clearly, as per my view you are not disclosing the whole story here, something is hidden there.

 
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