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Liabilities after retiring from partnership firm
22-Oct-2023 (In Corporate Law)
Hi,
I and my friend created a partnership firm in July2017. Under this firm we opened a guest house in Gurgaon on rented premises and the rent deed was between the landlord and the our firm (where we both wer partner). In July 2018 a new partner was introduced in company and my friend got retired. This all we did on Notary. In July 2019 i retired from the company and now that new partner was the only one in the company. This all was decided in front of landlord. Now it is 5 months i am not part of company but suddenly i got a call from landlord that the new partner did some blunder in property and has not paid the rent for last three months. Now landlord says that just because the rent deed was between the original partners and landlord so i am liable to pay the rent. However we have the partnership and dissolution deed saying that i am not the partner in the company. landlord is filing a case in court.
Please suggest.
Hi,
 A retired partner continues to be liable to the third party for acts of the firm till such time that he or other members of the firm give a public notice of his retirement. However, if the third party deals with the firm without knowing that he was a partner in the firm, then he will not be liable to the third party. (Sec 32, Partnership Act)
However, in the present case the third party (owner) had a knowledge that you are not the part of firm anymore. So by no means he can harras you or can ask for anything.
For further query you can contact me.
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Adv. Siddharth Chechani
Delhi | 25+ Answers
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As you have mentioned that the alteration or amendment to the position of partners have been done in front of the landAnd you also have all deserve to win relevant and required for the sea also that remind was between the landlord and the bottom of the partnership firm representing the fuck. Therefore there is no Soul of your with the spec to the execution of the agreement
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Adv. Prashant Vaxish
Delhi | 400+ Answers
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Hi, I have perused the contents of your query and would advise you to issue a strongly worded legal notice or file an intallah peshbandi enunciating the true facts. notice of his retirement.
In your case since the landlord had a knowledge that you are not the part of firm anymore and you have the proper dissolution deed executed he has no write to call and harass you or falsely implicate you. For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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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.
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