• Buying a house from a partnership firm

Dear Sirs,
I am from kerala and have decided to buy a new villa ( gated colony) from a builder. It is a partnership firm registered in Kerala. Pls advise whether all the 6 partners need to sign the sale deed. if not then what are the documents/proofs to be taken .
Asked 7 years ago in Property Law
Religion: Christian

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5 Answers

1) it is not necessary that all 6 partners sign the sale deed

2) partnership deed would be containing clause that 2 or more partners can sign on behalf of the firm

3) request for copy of partnership deed

4) check whether partnership firm is regsitered or not

5) whether title is clear and marketable

6) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

1. Any of the partners can represent the whole firm and there is no need to have signatures of all partners unless the partnership deed authorises all the aprtners to sign to validate any document.

2. So do check the partnership deed once.If there is no such restraint clause then signature of one partner is enough.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

1. The partners of the firm in a meeting conveyed for this purpose should resolve that the firm would like to sell the said villa to you for which the said firm is nominating/authorising one of the partners to execute and register the sale deed in your favour and collect payment of the agreed amount being such and such.

2. After preparing the above minutes of the meeting, all the partners of the said firm should execute and register a POA in favour of the said partner authorised by the said meeting.

3. Alternatively all the partners should resolve in a meeting that the firm will sale the property to you and thereafter all the partners will sign the sale deed and register the same in your favour.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

1. Unless all the partners have executed a Power of Attorney in favour of one of them authorizing him to execute the sale deed on their behalf, all of them are required to sign it.

2. Get all the documents vetted from a lawyer before executing the sale deed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

If the partnership firm is buying the proerty then the authorised signatory may alone buy the property on behalf of the firm. If a firm is selling then all the partners can authorise anyone of them to transact with the buyer for execution of registered sale deed

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

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