Abdul Khan 05 July 2026

Partnership firm ,incorporation date mistach

I have formed partnership firm on 12 April And notarized it on 18 April. And got pan and gst for firm. But issue is that e stamp used in deed was purchased on 13 April. So does it make my deed invalid??? It was just a clerical mistake ... Any suggestions

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Quick Summary

A partnership firm formed on 12th April and notarised on 18th April faces a potential issue as the e-stamp for the deed was purchased on 13th April. While this clerical error doesn't automatically invalidate the deed, it creates a legal irregularity. The stamp duty should ideally be paid before or on the execution date. This situation could render the deed inadmissible as evidence until rectified. It's advisable to execute a supplementary deed to clarify the true execution date, especially if the deed hasn't been registered with the Registrar of Firms.

3 Replies

Dr. J C Vashista (Advocate ) 06 July 2026

The partnership deed dated 12th April natarised on 18th April is valid despite the fact that stamp paper used to draft the deed was purchased on 13th April.

P. Venu (Advocate) 06 July 2026

What do you mean by "notarised"?

T. Kalaiselvan, Advocate (Advocate) 06 July 2026

It will be not automatically make your partnership deed invalid, but it does create a legal irregularity that you should fix. The issue is that the stamp paper was purchased after the execution date stated in the deed (formed on April 12th, stamped on April 13th). Legally, stamp duty is supposed to be paid before or at the time of execution. Because the dates are backward, it looks like the deed was executed on unstamped paper and stamped retroactively, which makes it technically "impounded" or inadmissible as evidence in a court of law until rectified.

If the original deed explicitly states "This deed is made on 12 April..." in the text, but you all signed it later, the law looks at when it was actually signed (executed). If you haven't registered the deed with the Registrar of Firms yet and are only using a notarized copy, executing a supplementary deed to clarify the true execution date is the cleanest path forward.