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Wisdom (Manager)     25 February 2012

Partnership dispute - registration pending

Dear Experts/Professionals.

A Partnership firm for which Registration is pending/in process. Meanwhile a dispute arises between its partners. My question is:

1) Will the Partnership act apply to such a dispute? 

2) what is the legal status of the firm in case of Pending Registration? registered OR unregistered?

Please help with your feedback.

Wisdom.

 

 

 



Learning

 7 Replies

Bharatkumar (ADVOCATE )     25 February 2012

it is not necessary to registration of partnership deed but if any dispute matter u appoint arbitrator for that and slove this matter .

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 February 2012

 

 

Dear Querist,

The partnership act imposes various disabilities on an unregistered partnership which are so debillating that partnership is practically indispensible nowadays. S.69 of Partnership Act, may be referred to.

IF the registration process is underway/pending - and a dispute arises - the court would not let an individual partner sue the firm for any right of his that either arises out of his contract with other partners or even those conferred by the partnership Act.

The Firm would also not be able to sue third parties for contractual rights if it is unregistered. However the Firm can do so after registration provided offcourse the claim is not time barred.

However these disabilities extend only during the lifetime of the firm, if the partners choose to dissolve it – they can file a case in court and there is no disability with respect to that.

Feel Free to ask more 

1 Like

Wisdom (Manager)     25 February 2012

Many thanks for your inputs. However I had this querry that if the Registration is pending and delayed  ( in majority of cases in Mumbai it takes more than a year for completion) by the Registrars office due to administrative issues. In this case what is the solution if a dispute takes place? will the Firm be considered as registered OR unregistered in the eyes of the Law?

Please help.

Wisdom.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 February 2012

Pending Registration Process - the firm stands as unregistered

1 Like

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     26 February 2012

 

A Partnership firm for which Registration is pending/in process. Meanwhile a dispute arises between its partners. My question is:

1) Will the Partnership act apply to such a dispute?

 

Answer: YES. 

2) what is the legal status of the firm in case of Pending Registration? registered OR unregistered?

Answer: unregistered?

 

 OK

&

 ( in majority of cases in Mumbai it takes more than a year for completion)

 IS NOT CORRECT.

GO  COLECTOR OFFICE BANDRA  REGISTRATION OF FIRMS 

 

u must know, how to oil the machinery.to move fast. 

1 Like

Wisdom (Manager)     26 February 2012

Thanks Mr Shroff for the input.

But if the Partnership act applies to the Firm then will not the firm deemed to be registered?

I tried all options including personal visits to Bandra Office, but they are not willing to listen. They have a Backlog of cases. Can you suggest any other way?

Wisdom.

Wisdom (Manager)     27 February 2012

Dear Experts / Seniors,

Await your valuable feedback urgently.  Please guide.

Thanks


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