Partnership firm unregistered

POOJA (Querist) 30 August 2015 This query is : Resolved
One of our client in unregistered firm engaged in the business of purchase & sale of Immovable Properties (IP). It purchased (IP) being unregistered firm(URF) and executed sale deed was not release by the sub-registrar Balaghat for want of adequate stamp duty. Because of these mutation was not done. In the meanwhile the seller who sold the immovable property to our client (URF), again sold out the same IP to another buyer thereafter this immovable property were routed sales to 3-4 consecutive buyers. The property was released in favour of our client by the Sub Registrar Balaghat after paying the difference stamp duty. Thereafter our client firm was registered and it comes to the knowledge of the firm and its partners that his IP was sold out to other persons so many number of times. After becoming registered firm (RF) the firm filed the suit for mutation as well as for possession. Please suggest/ our Questions.
1. What we do further and how?
2. Can URF purchase the Immovable property in the firm name? If yes now and any case law in favour of us.
3. The deponent against us has taken stand in the court we being URF we could not purchase immovable property nor can you file suit for possession / eviction. Though as on filling the suit by our client, our client is registered firm (RF). Is any similar case law in favour of us.

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Rudrawar Narayanreddy (Expert) 30 August 2015
you have to challenge the sale deeds. they are simply null and void. title vested in you and subsequent purchaser will not get title.
you can also file criminal case against the vendor for cheating.

Rajendra K Goyal (Expert) 31 August 2015
Title is better passed through Ist sale deed. file case to declare all subsequent sale deed as null and void.

Criminal case should also be registered.

POOJA (Querist) 01 September 2015
Can the Unregistered firm Purchased the immovable Property in Unregistered firm name ? if Yes How Is the title valid and is any case law in favour of Our Client ?
Smt POOJA JAIN

T. Kalaiselvan, Advocate (Expert) 05 September 2015
An unregistered firm or an individual, if there is a capacity to purchase there s nothing wrong or illegal in such a purchase and it is your wrong notion that an unregistered firm cannot purchase any asset on its name. The registration of firm and accumulating the immovable assets has no relevancy.
For case laws,make your own efforts to search one.

Anirudh (Expert) 05 September 2015
It is a full-fledged commercial / professional query.

Guest (Expert) 05 September 2015
Well Advised by Experts Mr.T.Kalaiselvan & Mr.Rudrawar Narayan Reddy

V R SHROFF (Expert) 05 September 2015
AGREED WITH Mr.T.Kalaiselvan

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