nitin (prop) 12 May 2011
what are the rights of a partner of unregistered partnership firm?
can the partners seeks any relife from the civil court if one of the partners holding major share in the firm decive the other patrners with minority share minor holdings in the unregistered firm?
what is the status of the minority share holders as well as the property of belongs to the unregistered firm?
Ashok Yadav (Lawyer) 12 May 2011
As per Section 69 of Indian Partnership Act:
69. Effect of non-registration
(1) No suit to enforce a right arising from a contract or conferred by this Act shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has been shown in the register of firms as a partner in the firm.
If the Partnership firm is unregistered then you can not file any case in competent court of law to enforce any claim. So it is advisable to get your partnership Regd. and be safe. Partnership is business of faith if no faith between the partners then you wont succeed in motive.
Shiva Kant Dixit (Advicate) 13 May 2011
Dear Nitin and All,
Plz go through the Judgement delivered by the Hon'ble Supreme Court, styled as S.Kalavati v/s V.R Somasundaram vide Civil Appeal No. 3192 of 2010 on dated 12.04.2010. in case it is described how can we provide weight to an unregistered document before court of Law.
niranjan (civil practice) 13 May 2011
you can sue other partner as individual.,not in the name of firm.
nitin (prop) 15 May 2011
thankyou very much to all for their kind attan.
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