Partnership deed
giri gattupalli
(Querist) 21 November 2014
This query is : Resolved
respected sir,
whether partner ship deed concluded on a white paper and signed by a notary in 2012 is a valid instrument in court of law or not (ofcourse required stamp duty with penalty will be paid now)
g giri
tax consultant
Devajyoti Barman
(Expert) 21 November 2014
Partnership deed among the partners is valid whether the same is registered or not.
Only if ti goes to sue third party then it requires to be registered.
In other words it is always better to register the deed of partnership.
ajay sethi
(Expert) 21 November 2014
it is better to get partnership deed registered . even if not registered deed would be valid
Rajendra K Goyal
(Expert) 21 November 2014
Agree with the expert Devajyoti Barman.
Shailesh Kr. Shah
(Expert) 21 November 2014
section 69 of the indian partnership act attract:-
69. Effect of non-registration. — (1) No suit to enforce a right arising from a contract or conferred by this Act shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has been shown in the Register of Firms as a partner in the firm.
(2) No suit to enforce a right arising form a contract shall be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the Register of Firms as partners in the firm.
(3) The provisions of sub-sections (1) and (2) shall apply also to a claim of set-off or other proceeding to enforce a right arising from a contract, but shall not affect, —
(a) the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or any right or power to realise the property of a dissolved firm, or
(b) the powers of an official assignee, receiver or court under the Presidency towns Insolvency Act, 1909 (3 of 1909) or the Provincial Insolvency Act, 1920 (5 of 1920) to realise the property of an insolvent partner.
(4) This section shall not apply, —
(a) to firms or to partners in firms which have no place of business in the territories to which this Act extends, or whose place of business in the said territories, are situated in areas to which, by notification under Section 56 this Chapter does not apply, or
(b) to any suit or claim of set-off not exceeding one hundred rupees in value which, in the Presidency-towns, is not of a kind specified in Section 19 of the Presidency Small Cause Courts Act, 1882 (5 of 1882), or, outside the Presidency-towns, is not of a kind specified in the Second Schedule to the Provincial Small Cause Courts Act, 1887 (9 of 1887), or to any proceeding in execution or other proceeding incidental to or arising from any such suit or claim.
