v.lakshminarayanan (prop) 01 July 2012

Partnership deed - irrelevant clauses

dear members

a and b enter into a partnership deed and the firm is registered. the partnership deed contains some irrelevant clauses like the future disposal of a's assets.

is such a partnership deed vaid in the eyes of law? if not, why? if yes, why?

thanks

yours

v.lakshminarayanan

palani

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4 Replies

Ajit Singh Cheema (practising Advocate) 02 July 2012

If the disposal of future assets of a's assets are for contribution in partnership as capital ,it cannot be treated as irrelevant .

K.K.Ganguly (Advocate) 03 July 2012

This is a very important & relevant clause.

v.lakshminarayanan (prop) 09 July 2012

dear mr.ganguly

i am sorry that i am unable to understand your reply.

will the inclusion of any irrelevant clause in the partnership deed make it null and void?

yours

v.lakshminarayanan

K.K.Ganguly (Advocate) 10 July 2012

If the assets of A have been treatred as part of contribution in the Partnership Deed then the clause related to its disposal is not irrevalent. However, if any clause stands out to be completely irrevalent, the entire Partnership Deed does not become Null & Void.