quesFraudulent Transfer of Shares

We are 4 equal partners in the company but my other three partners have fraudulently transferred my 25% shares and also submitted my resignation with my forged signatures about 15 days ago. I just came to know about this.I want to claim my directorship and shares back, What action should I take under which Act please? 

  • ansSir, prima facie this appears to be a case of cheating and fraud for which you may file a criminal complaint under the IPC. At the same time you have the civil remedy of declaration, rendition of accounts, damages etc which will be preferred before a civil court according to the pecuniary value of the suit

    Advocate Rajat Joseph

      Nizamuddin East, Delhi

  • ans1. You should lodge a criminal complaint for cheating and forgery in the EOW cell.
    2. You should file a complaint with the ROC regarding the fraudulent transfer.
    3. You can approach the Company Law Board and seek a stay on illegal transfer of shares.
    You also need to see whether you had a pre emptive right on transfer of shares.

    Advocate Apurv Chandola

      Lajpat Nagar 4, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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