Non objection or succession which is required?
My father is expired on 06th may 2015, he was proprietor in m/s hs & co till 31/03/2014, afterwards this firm has been converted in partnership firm from 01/04/2014 and i was became partner in this firm with 50% share.
Our firm is in the business of contract works and our firm is registered with military engineering services (mes). our firm’s partnership deed has been registered with registrar of firm as on 03rd may 2014 but this constitutional changes has not been done in military engineering services at the time of my father death (it means my father is proprietor of said firm at the time of his death in the books of mes) but we have applied and complete all the paperwork for reconstitution of firm as on 01st may 2015 five days before my father’ death.
In our firm’s registered partnership deed we have clearly mentioned that “ in case of death retirement or insolvency of any partner shall not dissolve the partnership. the share of the partner/ (s) dying shall be transferred to the other partner and the firm shall operate as proprietary concern of the remaining partner.”
Even my father has made will same was registered with registration office in which my father clearly mentioned that “ at present i am doing the business in name and style of m/s hs & co aand i am the sole proprietor of the said fir and business. i am registered govt. contractor in mes at cwe ahmedabad and my registration no is e-68. he further declared that “ i leave, give , devise and bequeath absolutely and for ever to my son for his use and benefit absolutely and till his lifetime all my above mentioned business of m/s hs & co with all assets and liabilities and all my movable and immovable assets and credits in my name at the time of my death”
I am having two big sister and one big brother. now my department (mes) is asking for succession certificate for change of my firm constitution.
Now my question is i have applied change of constitution before my father death to mes and my father “will” and partnership deed clearly mentioned that this firm is completely my assets then also i will have to provide succession certificate.
One more question is that is “non objection certificate” of my brother and sister will work or not?? and kindly inform me that is there any provision for noc through court in our indian law.