Advocate Anisha Upadhyay

Questions Answered by Advocate Anisha Upadhyay

Q: No notice to legal heirs on death of partner of partnership firm

I am daughter of deceased father who died in 2016 and who was partner in a partnership firm along with his two sons ( my two brothers). I have come to know from RTI reply that partnership is reconstituted after his death with my brothers as partners. No notice has been served to me before reconstituting new partnership deed. My request for Partnership deed/survivorship clause /death clause is not replied citing exemption clause under 8(1)(j) of RTI. I want to serve legal notice on firm/my brothers . Under what Act and its section legal notice and then legal action can be taken against my brothers.

Advocate Anisha Upadhyay answered
Dear concerned,I went through your query. From what I can gather your father and two brothers entered into a partnership agreement to start a joint firm and you would like to know whether another partnership can be formed wothout intimation to you after the death of your father. The terms of the partnership agreement will determine whether the brothers can independently form another partnership deed or not. Meaning that if the partnership agreement contains a surviving clause then the brothers are bound to intimate the surviving legal heirs and take their consent before forming a fresh partnership firm dealing with the assets of the previous joint firm. Pleaae note that a private firm is not bound to provide information under RTI only government and PSUs are governed under RTI. You can surely send a legal notice to your brothers but the contents etc shall be wisely worded depending on the terms and conditions and clauses of the partnership agreement which your father and brothers had executed. I hope i satisfied your concern. For further information you can directly speak to me.Regards