Certain partners retire and a new partnership deed is made but it is not registered. Is the old partenrship deed still valid or the new one can be given effect to without regn.? Can the firm sue and be sued?
Anil Agrawal (Retired) 31 August 2009
Certain partners retire and a new partnership deed is made but it is not registered. Is the old partenrship deed still valid or the new one can be given effect to without regn.? Can the firm sue and be sued?
R.R. KRISHNAA (Legal Manager) 31 August 2009
The new partnership deed is valid even though not registered.
As per the Indian Partnership Act, an unregistered partnership firm has no right to sue. If any suit is filed it is not maintainable in law. (But a suit for accounts or suit on inter partnership disputes can be filed even though unregistered)
Hence it is advisable to register it.
Anil Agrawal (Retired) 31 August 2009
Can an ex partner file a suit against the firm which is not registered?
R.R. KRISHNAA (Legal Manager) 31 August 2009
Yes a retired partner can sue the unregistered firm.
I mean to say that anybody can sue a unregistered or registered partnership firm. The vice versa is also possible.
But unregistered partnership firms cannot sue others.(as stated by me in the previous reply with exceptions)
I hope you understood.
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