Partnership deed

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

27 August 2012 Dear Sir,
One of my client is a partnership firm and original partnership deed was drafted on stamp paper of Rs. 750/-. Now they have mutually agreed to shift their head office at the address of production unit. After this event address of Head Office and production unit would be same. Now please advise me, to bring the above event in effect, I should draft Revised partnership deed on the Stamp papers or Rs. 750/- again or Rs. 100/- stamp paper will work sufficiently?

Thanks and Regarads.

CA M Indani

CA M Indani (Expert)
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27 August 2012 supplimentry partnership deed on 100rs. stamp paer is ok..

Querist : Anonymous

Querist : Anonymous (Querist)

28 August 2012 What should be title of that deed -

Revised Partnership Deed

Or

Supplimentry Partnership Deed

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Querist : Anonymous

Querist : Anonymous (Querist)

28 August 2012 Waiting for experts opinion.

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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09 August 2024 In the scenario where a partnership firm is revising its partnership deed to reflect a change in the address of its head office, the requirement for stamp paper may vary depending on the nature and extent of the changes. Here’s how to handle it:

### **1. **Nature of the Change**

Since the change involves only updating the address of the head office (which will now be the same as the production unit address), this is considered a minor amendment rather than a complete revision of the partnership deed.

### **2. **Stamp Paper Requirements**

- **Minor Amendments:** For minor amendments or changes, such as updating the address, many states allow the use of a lower denomination of stamp paper for such amendments. The document can be executed on stamp paper of a lesser value if the change is minor.

- **Revised Partnership Deed:** If you are drafting a revised partnership deed to incorporate this change, you generally need to use the stamp paper of the value prescribed for partnership deeds in your state. Since the original deed was drafted on a stamp paper of ₹750, if you’re issuing a revised deed (even if it’s just for address change), it is typically advisable to use the same stamp paper value to maintain consistency with the original deed.

### **3. **Options to Consider**

**Option 1: Use Stamp Paper of ₹750/-**
- This is the safer and more conventional approach. Using the same denomination of stamp paper ensures that the revised partnership deed aligns with the original deed in terms of stamp duty. This is particularly recommended if the deed is being significantly revised or if local legal norms suggest using the same stamp paper denomination for amendments.

**Option 2: Use Stamp Paper of ₹100/-**
- If the local laws or regulations permit using a lower denomination for such minor amendments and if only the address change is being made, then a stamp paper of ₹100 may be acceptable. However, this varies by state and specific local regulations. It is essential to confirm this with local authorities or a legal expert to avoid any potential issues.

### **4. **Consult Local Regulations**

Since stamp duty requirements can vary by state and even by local jurisdiction within a state, it's advisable to consult with a local legal expert or check with the local stamp office to ensure compliance with the latest regulations.

### **5. **Drafting an Amendment or Revised Deed**

If you proceed with a revised partnership deed, here’s a simplified draft amendment that you can use:

**Draft Amendment to Partnership Deed:**

```
**Amendment to Partnership Deed**

**This Amendment** is made on this [Date] day of [Month, Year] to the Partnership Deed dated [Original Deed Date] between:

1. **[Partner A’s Name]**
2. **[Partner B’s Name]**

**Whereas**:

- The partners have mutually agreed to change the address of the head office of the firm.

**Now, Therefore, it is agreed as follows:**

1. **Change of Address:**
- The address of the head office of the firm shall be changed to [New Address], which shall be the same as the address of the production unit.

2. **Effect of Amendment:**
- All other terms and conditions of the original partnership deed dated [Original Deed Date] shall remain unchanged and in full force.

**In Witness Whereof**, the parties hereto have set their hands and seals to this Amendment on the day, month, and year first above written.

**Partner A:**

Signature: __________________________

**Partner B:**

Signature: __________________________

**Witnesses:**

1. **[Witness 1’s Name]**
Signature: __________________________
Address: __________________________

2. **[Witness 2’s Name]**
Signature: __________________________
Address: __________________________
```

### **Conclusion**

For a minor change like updating the address in the partnership deed, using a lower denomination of stamp paper might be acceptable if local regulations permit it. However, for consistency and to avoid any potential legal complications, using the same denomination as the original deed (₹750) is generally recommended. Always verify with local legal experts or authorities to ensure compliance with specific local requirements.