Registration of Deed of dissolution of partnership

Guest (Querist) 22 June 2009 This query is : Resolved
The Dist.Sub Registrar refused to register a deed of DISSOLUTION OF PARTNERSHIP on the ground that the original partnership deed was not registered. According to him if the partnership deed is not registered then the dissolution deed also can not registered.
Whether he is correct? If he is wrong then what is the remedy?

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Y V Vishweshwar Rao (Expert) 22 June 2009
The Dissolution deed transfering any Rights on any Immoveable Property !

The Refusal of the Registration is not correct .

Any Document( not Compulsory registrable) can be Reigstered as Misc Document in Book No;- IV

A V Vishal (Expert) 22 June 2009
Dear Jewel

There is no registration of Birth but you want to register the death, tricky situation. Could you kindly give more details and what is the purpose of registering the dissolution deed.

adv. rajeev ( rajoo ) (Expert) 23 June 2009
Vishal has rightly tackled u.

Manish Singh (Expert) 23 June 2009
if the partnership deed was not registred, then the dissolution of the same can not be registered.
the registrar is right in his decision. for betterment of the situation you can give public advertisement concerning the same.
only dissolutio deed signed by all the partners in your case is enough to dissolve the partnership.

Uma parameswaran (Expert) 25 June 2009
Registrar has no authority to refuse registration .You can move towards higher authorities . Recent decision allowed a partner of an unregistered firm to sue for dissolution or for account or property of such firm.

Guest (Querist) 25 June 2009
Dear Seniors
The Registrar of Kolkata confirmed me that the Sub-registrar was wrong. the deed of partnership as well as the dissolution deed is an instrument, registration of which is optional. The dissolution deed dissolves the partnership between the parties, it does not dissolve the prior registration. It is wrong notion that if birth is not registered then death cannot be registered.
Thanks to all seniors for your answer

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