I have been served a notice for a partnership firm in which my father and his 2 brothers engaged in. Regarding the liabilities to be paid, the partnership dissolved in 1997, my father expired in 2007, till then no amount was being demanded, 2 of the 3 partners have expired subsequently, the remaining partner has served a notice regarding the non full fillment of a particular clause in the family agreement which by the way is just on a white sheet with no stamp or authorisation. the family agreement states that some obligations needed to be fullfiled by my father and some were to be fullfilled by the other brothers, he claims that he has fulfilled all his duties but we haven't any. no one has any proof of regrding this, meanwhile false information is also written in the legal notice. What are my options, can i just defend or can i take any other action. He has been troubling me and my family ever since, i have a police complaint as well.
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What are my options, and what can be done regarding the false claims in the notice?
Hello,
1) As he had served a legal notice, you have to engage a lawyer and send av reply notice to him with all the circumstance and deny any liability on your part.
2) You don't need to take any action but need to defend yourself. As such the notice after 20 years is time barred.
3) If he files a suit you need to defend it in the court. Reply to the notice is of paramount importance now without going into the merits of his claims.
any vulnerabilities do i need to take care of, which can be taken advantage of by the other party
Hello,
1) To advise you with accuracy on vulnerabilities that you need to take care of one needs to peruse the Deed of Partisanship and the notice as such.
2) Based on your description your adversary head a very weak case was the cause of action has ceased to be.
1) you should contact a lawyer and deny the allegations made in legal notice
2) mention that partnership was dissolved in 1197 itself
3) mention that claim is barred by limitation
1) it is necessary to peruse contents of legal notice to advice
2) you must contact a lawyer
3) filed detailed reply
4) deny all false claims made in notice
Dear Concerned ,
No need to worry of any such document which does not have any legal value, most importantly the party to the agreement if any are no more hence need not to worry.
What are my options, can i just defend or can i take any other action. He has been troubling me and my family ever since, i have a police complaint as well.
If you have received legal notice demanding the said amount by the only partner who was not give property out of his share, his averments may be fully denied and an case that may follow can be properly challenged.
It is barred by limitation.
What are my options, and what can be done regarding the false claims in the notice
You have to give a reply notice denying the allegations and the contents of the notice, let him approach for relief.
any vulnerabilities do i need to take care of, which can be taken advantage of by the other party
If you have any immovable property bought out of the income of the dissolved partnership firm, then you may be held liable to refund the same, but since the claim is barred by limitation, you may ignore that..