Validation of the Sale Deed

Querist : Anonymous (Querist) 18 December 2009 This query is : Resolved
my relative has purchased a land from a partnership firm in 2007. In the Sale Deed the partner only has signed but the seal of the partnership firm was not put. he is not trying to sell his land. the purchaser asking for this and says it is not valid. is the sale valid? what is way out for this problem?

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S.KARUNAMOORTHY (Expert) 18 December 2009
Plz refer the parneship deed about what it tells to this scenerio. and more so it is generally presumed that act done by partner in the course of business will bind the partnership firm. i think u have receipt for the payment u've made. keep it this. file a declaratory suit for the valid title. apply for encumbrance certificate check whether ur name appears in the records of the sub registrar office regarding with that property.

S. Bharath (Expert) 18 December 2009
To supplement Mr. Karunamoorthy's reply: If you can get in touch with the Partners of the firm, you may ask them to execute a deed of Ratification and get it registered.

kranthi kiran (Expert) 18 December 2009
As pointed by Bharath, it is better to obtain a ratification deed executed, by all the partners. As per partnership act, all the partners are necessary to sign the deed, whereunder any immovable property is transferred,until & unless there is Power of Attorney executed by the other partners,in favour of a elected partner.

niranjan (Expert) 18 December 2009
If the firm is registered and the partner who has signed on behalf of the firm he must have autholrity to do so.find out.above suggestions are also good.

Ajay Bansal (Expert) 18 December 2009
I AGREE WITHAFORESAID REPLIES UPTILL NOW.

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