I purchased a residential plot in Ghaziabad in 2005, which was freehold and in the name of a firm with 2 Directors. This firm had the plot mutated in their name and in fact got an approved map as well. 6 months back I applied to get the mutation done in my name, however, GDA informs that the partnership deed of the firm is not registered and therefore, mutation cannot be carried out in my name. Plot was sold by 1 Director with 'No objection' certificate by second director and second Director signed as witness on registry. On repeated requests and complaints GDA asked for PAN card copy of the firm, which was also submitted after obtaining from previous Owners. Previous owners inform that they never got their firm registered so cannot obtain furnish same. Please advise if registered partnership deed is mandatory in this case and PAN card copy in the name of Firm does not suffice to requirement? How come the Firm got the plot mutated in their name and map approved without a registered partnership deed? Please advise...
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1. To buy and sell a proeprty belonging to a firm it is not mandatory for the firm to get registered.
2.So registration of firm is not compulsory to sell its land.
3. However it is to be checked whether the proeprty was purchased in the name of the firm or the individual partners.
4. if there is no anomaly in proper description of the seller and buyer there is no reason why the land would not be mutated in your name.
.5. If the GDA still refuses to mutate then file writ petition in high court.
1) if firm got plot mutated in their name without registered partnership deed then for transfer of plot registration of firm would not be necessary
2) file writ in HC todirect GDA to mutate plot in your name
3) in the alternative ask firm to refund your money with interest
hi, you can file a suit for declaration in court making directors and GDA as party..yhe court will grant a decree in your favour and will direct GDA to mutate the property
The only benefit of registering a partnership firm is that, a registered firm can sue and can be sued in it's name.
I see no Nexis of a firm being 'registered' in the matter of mutation.
You'll have to file a writ in the Allahabad High Court and seek a direction against GDA to get the needful done.
Please let me know if I could be of any help.
Thanks,
Vibhanshu
Please advise exact reference that registration of firm is not mandatory as without that it will be difficult to deal with GDA and I want to take up the issue further.
Read Section 69 of the Indian Partnership Act. You will have fair idea on this issue.
There is no legal requirement which makes registration of a firm compulsory, rather in India it is voluntary. Both registered and unregistered are legal
2) hence for transfer of plot of firm registration is not mandatory
If the GDA authority is refusing to accept the sale of property by the company you must verify that whether the property was bought on the company's name or on the directors'name
If it was bought on directors'name then the company cannot sell the property. You may take the help of a local lawyer on all such further issues.
You can visit the partnership Act in which you can find that the registration of partnership firm is not mandatory.