Partnership Deed Queries / Firm's Land Registration & Unregistration

Siva (Consultant) (209 Points)

18 November 2008  

 

  Hi,

 

 

 

 Appreciate if you give me prompt answer for the following queris:

1) When a ''Partnership Deed'' comes to 'LIVE', as only when the time of registration of deed (in the registrar office) or the time when the deed has been mutually agreed and signed off by all the partners in the (Non-Judicial) Stamp Paper  (say, min. of Rs.300 Stamp Paper) ??!

2) Incase of 3 partners in a firm, if there's a change in the Constitution in the Firm, ie., one Partner coming in (Incoming Partner) and two Partner goes out (Outgoing partners) by ''Without having any seperate deed for Dissolution'' but the land of the firm has been unregistered (because of the retirement of other 2 partners) and given the proprietorship to one of the partner and also given in written in a Stamp Paper that they are handovering the land to one of the paper as his share, by this time ONLY ONE Partner exists in the business. So how we can take up this matter as whether the firm has been 'Dissolved' or still exists but only the land has been un-registered ?? If any land of the firm has been unregistered and only one partner owning it, can we take it as 'Dissolution of the firm' ??

3) The land was registered in the name of the firm during 2007 and the same was unregistered in 2008 by way of settlement between partners, hence the firm exists or not?

4) If a new partnership deed is created 'before' the date in which the land was unregistered then the land unregistration (later one) is void or not?

5) If a partnership is created after the date of land unregistered (having the same land for the new proposed unit) where it falls on the next, immediate working / business day where 4 continuous holildays lye's between the 'date of land unreistered' and the 'new partnership deed registerd date' but the partnership has been mutually agreed and signed off by the new incoming parters 'before the registration date'.

6) As per the Partnership Act, 1932, is there any possibility of having the same name (dissolution firm name) for the new proposed unit and can we transfer the existing paper works to the new firm by giving only the newly amended partnership deed to the respective departments/offices ??

 Thanks in advance!

 Regards, Siva