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Partnership deed ,forged signature of one partner by another partner a
20-Oct-2023 (In Civil Law)
5 partners in partnership,3 doctors,and two builders,one of doctors signature is forged by builder and then builder submitted tender for hospital plots by submitting documents of doctor whose signature is forged, partnership deed is not registered ,also no authority letters submitted by other partners on the name of tender submitting partner , forensic report confirms forgery in written report,, now me,one 2nd doctor partner complained in the court HC to cancel tender submitted without his authority to the builder tenderer, , what will be most likely outcome, does pitition gets dismissed as partner can not file suite partner ? And the reasoning,
Yes you will file special civil suit for cancellation of tender in the civil judge senior division then court will decide your suit ...that is write think you will go to legal stage and you will file one criminal complete against your forge partner
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Adv. Ramesh Ghodke Patil
Aurangabad, Maharashtra | 25+ Answers
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Of course, a partner can file a suit against the other partner for commiting forgery against him & on this ground, he can ask for Dissolution of Partnership too.
However, to dissolve a partnership in such a case, consent of majority of partners is the essential criteria. In case, if the majority of partners do not support the partner who is asking for Dissolution on the ground of forgery, he can give resignation as a partner by taking his due share of income/capital he had invested in the partnership.
As your partnership deed is not a registered one, it doesn't matter. What matters is this that at least you have started a simple partnership deed & on that, all partners must have signed on it.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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admission or denial of petition depends on the pleadings stated in the draft. it is likely to roll in your favour since the law of signature states a signature is endorsed by author confirms his acknowledge of the transaction. the burden of proof remains on the petition to prove a fraud was committed.
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Adv. Akshay Shinde
Pune | 25+ Answers
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