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ashwin (software analyist)     24 March 2011

Unregistered Partnership Agreement

I, my father and my brother entered into a partnership deed back in 1988 to start a firm. We did the agreement and was signed by two witnessess.

The original agreement had all the rights of the property of firm in me. Subsequently after couple of years we did ammendments in the agreement wherein the rights over the property of firm were shared between my brother and me.

The original agreement as well as the amendments done thereafter are unregistered.

 My brother did not participate in business for past 15 years or so. He is running a seperate business of seperate nature.

My father expired few years back. Now suddenly my brother is asking for his share in the property of firm.

1) Does the agreement and amendments  are valid?

2) Can my brother file any suit.


 2 Replies

Umesh Bhatt (advocate)     24 March 2011

1. agreement is valid

2. yes


a suit for winding up the firm will not lie  because the partnership firm is not registered.  

he can file only partition suit as the business is an HUF business.

the amendments are subject to decisions of civil court.

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