Sale of property on resoltuion

Querist : Anonymous (Querist) 30 August 2011 This query is : Resolved
A property held by partnership firm is sold by one partner. It is mentioned in the sale deed " Duly authorised by resoltuion dated : 29.1.2008 " Is this sale valid ??

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Guest (Expert) 30 August 2011
yes it is valid one.

Querist : Anonymous (Querist) 30 August 2011
But out of six partners, two partners were not present for resolution and signature of two partners is not taken on the resolution.

Sailesh Kumar Shah (Expert) 30 August 2011
If partnership deed authorise disposal of property by one partner through resolution then sale is vaild.

Raj Kumar Makkad (Expert) 30 August 2011
if 2 partners had not signed the resolution and they are still do not confirm to the mentioned sale-deed then definitely such sale -deed is invalid and it can be got set aside well within rules.

Querist : Anonymous (Querist) 30 August 2011
But other 4 have signed.can they say that they have majority and they sold ?? Also they have. A poa issued by the two partners objecting but it was issued in 1989 and was only attested not registered . But there is no reference to the poa in the sale deed. What is legal value of poa unregistered poa

prabhakar singh (Expert) 30 August 2011
An unregistered POA even if conferring the power to sale immovable property is in valid and void notarized or unnotarized.

A partnership firm is simply collective name of all partners and is not a separate legal entity in itself.
so unless the very partnership deed is registered (though legally not required)with sub registrar(i am not talking about registrar of firms where firm is registered with its name and with name of partners)of area where property sold situate and speaks the modus of sale to be a resolution by majority(i think such resolution also require registration as that is also an authorization like a POA )
the sale is NOT BINDING ON TWO DISAGREEING PARTNERS.
In my opinion the sale deed is voidable at the option of those two partners at least.

Advocate Bhartesh goyal (Expert) 30 August 2011
Mr Prabhakar is absolutely right ,I fully agree with him.

Querist : Anonymous (Querist) 31 August 2011
Can you please let me know any supreme court citation or any law case study wherein I could prove it in the court. That would be a great favor .

Querist : Anonymous (Querist) 31 August 2011
Also kindly note that the partnership deed is not even attested. Nit registered at all. So what are my options.

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