Developer not providing Partnership Registration No.
sanjay
(Querist) 11 January 2010
This query is : Resolved
Ours is a Co-op. society registered under the Maharashtra Co-op.Societies Act 1960. There are 20 chawl type structures running commercial activities. Recently, the society has agreed to go for redevelopment, for which a Developer (a Partnership firm) has been appointed. The draft of the agreement deed has been prepared, but is yet to be signed by both the parties. Now, in the Agreement Deed, the Developer has not mentioned the Partnership Registration No.of his firm. However, the Partnership Deed has been attached with the Agreement (Partnership Registration No. not mentioned). Can this in any way be detrimental for the interest of the society? If so, how, and what is the remedy to this. Kindly advice on this.
A V Vishal
(Expert) 11 January 2010
You need not have the Partnership registration number, verify whether the firm is registered or not. In case of non registration it may have legal defects
Tabassum Dalvi
(Expert) 11 January 2010
An unregistered partnership firm, under the indian partnership Act can carry out its business, however if such a firm is to file a civil suit in any court against any third party, it cannot do so unless it is registered. In your situation, you can very well go ahead with the agreement with such a firm and its non registration will not harm your interest as you being a third party vis-a vis such firm can go to court against them if required. It is they who cannot go to a civil court against you.So it is in their interest to get registered.Please see section 69(2) of the partnership act.
Raj Kumar Makkad
(Expert) 12 January 2010
I do agree with Tabassum on this matter.
