unregistered partnership deed
vaidyanathan
(Querist) 29 November 2010
This query is : Resolved
As unable to clear the debts a doctor arranged a partnership deed (not registered but under notoriety) in his industry and collected back the instruments and there was no mention of the said collection of the same in the said deed.
However, there is a word the amount so arrived at as at...etc. Moreover, the said agreement is not valid since, he alone discharged the same whereas in 1/3 of the same belongs to his wife yet, it is on the sole proprietorship.
The said deed also commands the title partnership cum power of attorney to sell the same for a cut of amount of 21 lac for which it hardly goes.
The creditors have sued them in the court of law for recovery of money based on the partnership deed. After three years, the opposition lawyer objected to as if it is unregistered hence not maintainable.
What is the recourse. Yet it is noteworthy that they have not sued him over the business of the said firm,property business and bill but on other contract bill of the cheat is attached.regards vaidya can come on vaidya.keshav@gmail.com
R.Ramachandran
(Expert) 29 November 2010
The partners of an unregistered Partnership will not be able to sue. BUT the Creditors can definitely sue whether the partnership is registered or unregistered.
vaidyanathan
(Querist) 29 November 2010
Well. Thank you profoundly. under which document? Because the instruments were taken back by the cheat. The only evidence is the deed but if it is defunct then based on which document they can remains to be admitted; tomorrow is the hearing. Pl help.
R.Ramachandran
(Expert) 29 November 2010
Whatever document that you have submitted / rely upon while instituting the Suit.
vaidyanathan
(Querist) 29 November 2010
The document available with them is only the partnership deed and submitted in the court. Now the lawyer of the opposite oppose for maintenance on the basis of unregistered. It is to be maintained and overruled. Please furnish me the ruling if any. I shall arrange the necessary fees for that too. rest assured-regards vaidya
