647+ Lawyers are online 
No notice to legal heirs on death of partner of partnership firm
10-Jan-2023 (In Banking / Finance Law)
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.
please provide partnership deed which was made between your father and your brothers. without seeing that partnership deed . we can not tell you that how you will be able to service notice to them. So please send it.
Helpful?
36+
36+
Adv. Rajat Goel
Delhi | 25+ Answers
CONTACT NOW
Yes you can give a legal notice and also seek the copy of internal rulea and regulations which are followed by the partners and the firm, what are ita policies and how the things will be done after the death of any partner. Ofcourse if there are any things found against our case we would then take a legal action and file a case against all of them including your brothers.
Helpful?
28+
28+
Adv. Rishabh Jain
Delhi | 100+ Answers
CONTACT NOW
Yes, as per act you are entitled for the right to to become a partner in a firm or you have other remedy also but for that you have to show and brief me about the partnership firm in detail n show me all relevant documents if any you are in possession.....
Sandeep Saini
Advocate
Sandeep Saini
Advocate
Helpful?
47+
47+
Adv. Sandeep Saini
Delhi | 100+ Answers
CONTACT NOW
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
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
Helpful?
44+
44+
Adv. Anisha Upadhyay
Delhi | 25+ Answers
CONTACT NOW
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Banking / Finance lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
