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A SGupta   07 November 2015

Partnership deed

hello, can anyone tell me that is it possible that the date of deed is older than that of the stamp paper... is there any problem in that legally? as a deed made earlier was lost and thus the old deed was again made on a new stamp paper and notarized....


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 5 Replies

Adv. Yogen Kakade (+ 91 9225510883)     07 November 2015

Hi,

You can mention the Date when you are signing the deed. If your earlier Deed is lost then you can make a fresh deed with same content and with mentioning that we had executed a Deed earlier.. but the said deed is misplaced, hence this fresh deed has been executed on today on xyz date.

You can mention the earlier date as the date on which you (Parties) agreed the terms and decided to enter into an agreement and hence this deed has been executed. But normally the date of signing the Deed / document is mentioned as the date of the Agreement / Deed and the Stamp paper is to be purchased before such signing date.

Actually, you should know what is the importance of the stamp paper?

Generally it is the charges of duty to be paid to the Government towards the authentication of any document. 

In case of Partnership Deed.. your Registration of the Partnership is more authentic than the Deed. Although the Notary registration also can be challanged in the court of Law. Unless you partners have good understanding amongst each other.. there won't be any problem. But once the disputes arise.. you need proper and legally enforciable documents as strong evidence.

Adv. Yogen Kakade

Pune

juryconincorporation@gmail.com

www.juryconn.in 

 

A SGupta   07 November 2015

Actually we didn't know this, thus didn't mentioned any such clause, the present deed is of months earlier than the stamp paper, will it affect the deed itself?

A SGupta   07 November 2015

oh actually it is mentioned in a way, sorry.... thanks..

siddhartha sinha   08 November 2015

Agreed with expert above. Bottomline is - date of signing the deed should be on or after purchase date of stamp paper. Existence of partnership previously can be proved in other ways.

nidhi   17 November 2015

i want to take a C & F . Can u tell me what is the procesure ?

 


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