NOps, if the property has been purchased in the name of firm. No fresh registration and transfer of name require.
i have a partnership firm with 2 partners.currently myself and my wife. my mother this financial year ((2019-2020)has retired from the same firm in which previously myself and my mother were only partner. and now i have added my wife name as partner.which i already mentioned above. we have a commercial office property in name of the partnership firm and said property is registered with my self and my mothers signatures. my question as below: since Now me and my wife are partner do i have to re register the firm property as new partner is now added.or any other law which is applicable in above case ?
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NOps, if the property has been purchased in the name of firm. No fresh registration and transfer of name require.
Partnership firm continues to be in existence
2) only name of partner has changed
3) property was purchased in name of firm
4) no need to re register the property
1. the property originally registered in the firm's name with you and your mother as partners, is retained by the firm on retirement of your mother from partnership and admission of your wife to partnership
2. so in my view re-registration is not required
3. however i would like to know whether your wife paid any consideration to your mother for her share in the property registered in the name of the firm?
Yes. For every change in the constitution of the partnership firm, it is necessary to inform the changes to the registrar alongwith the revised deed incorporating the changes. Applicable fees for such changes is to paid to the registrar firms. Upon payment of such fees registrar will record the changes and register the new deed.
Note that registration of partnership is not compulsory in law but registered firm enjoys some benefits.
Under property law, if you transfer a share of any property of the firm to the new partner or new partner brings some property and transfer it to the firm, then it must be registered with registry office. Otherwise on admission of new partner no further registration of property is required.
Hi
1) Since your mother has retired from the partnership firm, the partnership is deemed to be dissolved and a new partnership deed(i.e you and your wife) has been formed.
2) So technically, you should intimate the registrar of firms of change of partners as mandated under section 63 of transfer of property act and the Registrar of firms will also issue a new firm registration certificate with your name and your wife name as partners of the said firm
3) Since the partnership firm is in ownership of a commercial office property, it is mandatory in law to execute a new registered conveyance deed in favour of the firm wherein now you and your wife are partners after payment of stamp duty
Article 47(2) (a) of Maharashtra stamp act will be squarely applicable in your case as the ownership of property has now changed because of the fact that your wife now steps in to the shoes of your mother.
Article 47(2) of Maharashtra stamp act reads as follows:
(2) Dissolution of partnership or retirement of partner inclusive of, Limited Liability Partnership and Joint Venture to run a business, earn profits and to share profits, whether in cash or in kind—
(a) where on dissolution of the partnership or on retirement of a partner any property is taken as his share by a partner other than a partner who brought in that property as his share of contribution in the partnership
Stamp duty
The same duty as is leviable on a Conveyance under clause (a), (b) or (c), as the case may be, of Article 25, on the market value of such property, subject to a minimum of rupees one hundred
Hope this information is useful.
No the property is name of the firm and the wife is added as partner she has automatic right on same as partner as per the partnership deed and amendment to same there is no provision /law/need of re-registration.
a new partner can be admitted into the firm only with the consent of all the existing partners. no need to re register.
1. IF the property is registered specifically in name of Partnership firm and same is reflected in income tax returns of the Firm, THEN there is no need to register again or do any other documentary procedures relating to the property.
2. HOWEVER, the partnership deed needs to be amended and registered with the new partnership on record.
Whenever there is an admission of a new partner or retirement of a partner, or expulsion or insolvency of a partner, etc., the partnership firm undergoes reconstitution. Sections 31 to 35 of the Indian Partnership Act, 1932 help us understand the legal consequences of a partner coming in or going out.
No need to re register. As the said property is of partnership firm the same is automatically becomes new partner share only the partnership deed should clarify it
Applicable fees for such changes is to paid to the registrar firms. ... Under property law, if you transfer a share of any property of the firm to the new partner or new partner brings some property and transfer it to the firm, then it must be registered with registry office.
According to the Partnership Act 1932, a new partner can be admitted into the firm only with the consent of all the existing partners unless otherwise agreed upon. ... For the right to acquire share in the assets and profits of the partnership firm, the partner brings an agreed amount of capital either in cash or in kind.
The property will remain under the ownership of firm no matter who the current partners are in that form no need for new registration of property.
- As per law, whenever a new partner is introduced or when an existing partner is being removed, a partnership firm is bound to be reconstituted.
- Since, your mother retired and wife added , then the Partnership deed should be reconsitituted,
- Hence, now , re registery of the firm is need only , and not re-register of the property.