Retirement of all partners and admission of new partners in same deed and on same date
Apple is a Registered Partnership Firm with ROF-Gujarat to manage the Licensed Property. It was registered in 2017 with 3 Partners viz. A,B & C.
In 2019 - A,B & C entered into Admission-cum-Retirement Agreement and all the three viz. A, B & C retired and New Partners X & Y were Admitted.
Can all Partners Retire and new Partners be admitted in the same Deed on the same Date.
This results to Reconstitution or Dissolution.
Will NOC be required from the Owner of Property
Will License be required in the name of New Partners
Is Public Notice mandatory as all Partners are changing
How to regularize the above Partnership Deed in ROF, is Signatures of all Outgoing and Incoming Partners required
What if Form E is filed Online with ROF, than also signatures of Outgoing and Incoming Partners required.
Owner is not giving License and also No Dues Certificate, as it says that All Partners cannot retire and new Partners admit on same date in same Deed and till the outstanding rental are cleared
Asked 2 years ago in Business Law
Thanks everyone for prompt reply. It is to further state that if all 3 Partners cannot retire and 2 Partners cannot be admitted in the same Deed on the same date, than this Deed is Null and Void as there is no monetary transaction between A,B,C and X & Y and as such, the same was not informed to ROF as well. A,B & C informed Owner that Partnership Deed is not valid and that A,B, C are liable to pay the outstanding rentals, A,B, & C paid the outstanding rentals and after 3 Years period X & Y got the Deed updated in ROF online without taking any signatures from A,B & C and also no Public Notice, No monetary Consideration and no NOC from Owner, A,B & C also raised objection to ROF and informed everything. ROF stated that it is online and as per Section 59 it is his right to take action and that a Deed has been signed between A,B & C and X & Y and hence I have updated their names in ROF. What action A,B & C (who have maintained the Property and paid rentals and no outstanding is there on date) should take and what action Owner should take. Now X & Y have filed Criminal complaint against A,B & C for unauthorised occupancy and has also filed Civil Suit for under Section 34 of Specific Relief Act against the Owner. What should Owner do now, can Owner write to ROF that the entry is misleading and wrong and that because of this entry Criminal and Civil suits are unnecessary filed by X & Y. Thanks
Asked 2 years ago