Can a partner of a partnership firm sell immovable property without consent from other partners
Piscean123
(Querist) 01 December 2010
This query is : Resolved
I would like to know if a partner of a partnership firm sell an immovable property without the consent of other partners. Also if the partner has done the same without consent from other partners, is that sale a valid sale?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 December 2010
If the property is in the name of partnership firm , no sale document will be registered.
If not no problem because defficult to prove and notice essential before sale and hence once public notice is given before sale not much can be done except cases running for generations.
Deepak Shenoy
(Expert) 01 December 2010
Yes, agree with the above.
Section 19 of Partner Ship Act 1932. Implied authority of partner as agent of the firm
(1)Subject to the provisions of section 22, the act of a partner whichis done to carry on, in the usual way, business of the kind carriedon by the firm, binds the firm.
The authority of a partner to bind the firm conferred by thissection is called his "implied authority".
(2) In the absence of any usage or custom of trade to thecontrary, the implied authority of a partner does not empower him to-
(a) to (f)- not produced here
(g) transfer immovable property belonging to the firm, or
22. Mode of doing act to bind firm
In order to binda firm, an act or instrument done or executed by a partner or other person on behalf of the firm shall be done or executed in the firmname, or in any other manner expressing or implying an intention tobind the firm.
MUKUL SHARMA
(Expert) 02 December 2010
if there is any expressed provision in partnership deed,he can sell,otherwise can't.
MUKUL SHARMA
(Expert) 02 December 2010
if there is any expressed provision in partnership deed,he can sell,otherwise can't.
Sri Vijayan.A
(Expert) 02 December 2010
Without the consent of other partners, one partner can't sell the property
ashish lal
(Expert) 02 December 2010
if the property belongs to firm then he cannot sell
Ayantika Mondal
(Expert) 02 December 2010
If the partnership deed through its provision authorises the particular partner for the act then it valid.
adv. rajeev ( rajoo )
(Expert) 01 December 2010
