Legal Question in Business Law in India

Sir, we were three partners of our family each in 33%, in a registered partnership firm (a factory) since from 1995. On 1-4-2003, a fourth partner was introduced and we all became in 25% each and it was registered in the office of registrar of firms (Punjab) at Chandigarh against which we were issued A-form. But after four days only on 5-4-2003, me and one other old partner were retired completely and only two partners each in 50%, were left in that firm and for that a retirement-deed was furnished on 5-4-2003 and a new fresh partnership-deed on next day from 6-4-2003 was furnished in favor of two partners which is still continue till today. Intimation was sent with income-tax department, sale-tax, banks etc.

Now my question is that i have a doubt regarding that retirement deed now but, i did not give any notice to them or filed any court-case in 2003 due to our close blood relations. There are some reasons which support me:

1) I am not very much clear that i had ever signed on the original retirement-deed knowingly and i had never seen the original copy of that retirement deed to verify my signatures and the continuing partners are not ready to show me the original copy of that retirement deed. They only gave me a photocopy. I am sure there is no original copy of retirement deed of my original signatures and they can never present the original copy in court.

2) I have verified regarding the present status of the partners from the office of registrar of firms last year and they had issued me the A-form in which i am still registered as a fourth partner of 25%, from 1-4-2003.

3) My old partner capital is still stands in the books of firm (but in sundry-creditors head instead of partner head after retiring me).

4) No public-notice, news paper-notice or information to gazette was ever given by me or by the firm or by the continuing partners regarding my retirement.

5) I did never issued any notice of three months prior to my retirement, to other partners.

6) The land was on the name of firm (through partners) but still that is on the name of our old three partners in the latest Zamabandi.

7) I have verified by the witnesses of the retirement deed and they are also saying that they had signed as witness on that retirement deed at that time in good-faith in my absence.

8) I was never paid any amount by the continuing partners in any form by cash/by installments/by the transfer of any other property/ by any written settlement of family properties against my share of the above said firm.

Sir, I want to know can i file any court-case now against them for my share by the way to challenge that retirement deed or it is time bound because it is a matter of 2003 if yes then which type of case? what is and where is the gazette and how i can verify from the gazette for my retirement? Also mention the all positive and negative points of my favor and of against me in detail. For any other information, kindly contact me via email or chat.

Thanks with regards,

ANIL KUMAR BANSAL

(Punjab)INDIA

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