date of partnership deed
uday naga
(Querist) 30 July 2009
This query is : Resolved
I want to know what is the legal standing in case of a registered partnership deed where the date of the partnership deed is before the date of the stamp paper used can anybody clarify on the same , this pertains to chennai
A V Vishal
(Expert) 30 July 2009
Dear Uday
Yes, the date of the stamp paper can be after the partnership is entered to by the partners, however, the same has to be mentioned in the preamble as under:
WITNESSETH:
WHEREAS the parties of the First and Second parts together constituted
themselves into partnership for carrying on the business in partnership under the
name and style of M/S. “ ..........” in the line of .......................
and related business etc having its Registered office at H.No: .............................
AND WHEREAS the parties of the First and Second parts considered it expedient to reduce into writing the terms and conditions upon which they had already agreed upon to carry on the business and propose to do in future, on a duly stamped paper as under:
.
NOW THIS DEED OF PARTNERSHIP WITNESSETH AS FOLLOWS:-
1.The partnership had come into existence with effect from ..... and shall continue until it is terminated by the mutual consent of all the parties.
Y V Vishweshwar Rao
(Expert) 31 July 2009
As mentioned in the Query the DATE of partnerhsip Deed is prior to the purchase of the Stamp paers- STAMP PAPER DATE !
1-Date of Constitution of Partnership can be from a date prior to partenrship Deed as suggested by Mr Vishal
(i.e;- Partnership Deed dated 1-4-2009 and Partnerhsip constituted with effect from 1-10-2008 )
2- The Date of partnership Deed can not be prior to the date of purchase of Stamp papers used to execute the partnership Deed
(i.e;- Partnership Deed dated 1-4-2009 and it can not be executed on the stamp papers purchased on 1-5-2009 )
H.M.Patnaik
(Expert) 19 March 2016
Views expressed above are clear and does not leave any scope of doubt.
