• Is it required for both the partners of a partnership firm to sign on a document to make it relevant

Hello, 
Case: 

Tenant (A Partnership Firm of 2-Partners -husband and wife) had taken a commercial property on Lease. Defaulting in the rent for 10 consecutive months following which they gave possession to Landlord on paper and partial physical possession of the building and signed an agreement in which it is stated that all is settled between landlord and tenant and they will vacate the premises. 
10 Months rent amount adjusted with assets of the lessee as per Agreement signed by partner of the firm.

Two Days after physically and on papers vacating the premises they come back again and lock some rooms and claim their possession and say they want one month more time to clear the rent. Handing taking over procedure was completed and Documents were signed by single partner only. 

Now Tenant is saying he will not agree to documentation done by him since the other partner (his wife) hasn't signed the documents. 

My Question is 
Is it necessary for both the partners of a partnership firm to sign on a document ? Will the document be authentic /relevant if only one partner has signed on the document (stamp paper notarized) ?
Can Partner who has signed can straight away deny just because other partner has not signed ?
Asked 4 years ago in Business Law

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17 Answers

You may go through the original lease agreement.

Confirm if the lease agreement was entered between the firm and you (landlord), if so, whether one or both the partners have signed the agreement.

If both the partners have signed the original lease agreement then it is pertinent that both of them have execute a joint agreement with the landlord for the conditions thereon to vacate the premise.

If not then you may ascertain who had signed the original lease agreement and in what capacity, so that you can tackle the tenant on the same line.

If they don't agree with the amicable compromise situation or solution, you may refuse to accept their proposal and issue a legal notice to vacate the premise for default in rental payments and follow it up with further legal procedures to evict them.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Hii

Yes both the partners has to sign the documents. Compulsory for legal stand.

If one partner has not signed he is not legally bound to except the terms and deny for the same. 

 

With regrmards 

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

This is very absurd. How can they come back again and deny what has been signed and handed over to the landlord? This is fraud and cheating. A firm takes a property on lease and if even signed by one of the partners it is valid if it is written that signed on behalf of the firm. How was the lease agreement drafted. Thatvis also relevant. And once they vacated they cannot come back. That was an illegal act.

The answer to both of your questions is NO.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

No, it’s valid even if one of the partners has signed the agreement.


If one of the tenant is not agreeing then you have all the reasons, not to allow them to re-enter into your property and moreover you can claim damages of the usage of your property for the period for which the tenant did not pay the rent.

Nirmit Srivastav
Advocate, Lucknow
60 Answers

5.0 on 5.0

If the authority given by the deed for either to sign the same then only his sign enough. 

 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

1) acts of partner bind the firm 

 

2) not necessary both partners should sign the document 

 

3) partner who has signed cannot deny it 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. If both the partners (husband and wife) were tenants then both of them should have signed the agreement unless one of them had authorised the other to sign it for and on his/her behalf.

2. The agreement will not bind the other party which has not signed it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

No, Not necessary to sign documents by all partners. 

A-Documents signed by any partner of the partnership firm not only hold responsible for that particular partner but all partners along with partnership firm as well. Documents are valid in the eyes of law signed by a partner on behalf of partnership firm which indicates that he is a managing partner and has every right on behalf of the partnership from and other partners to sign the documents. 

You need to check two things carefully:1-

1- Partnership firm has to be registered with Registrars of Firm ,

B-Leave and License Agreement has to be registered with the competent authorities for ensuring enforcement of law against the person who has breached the clause of the Agreement. 

C-If both the above conditions are in your favour then the claim of tenant is false and fraudulent against you and you may start eviction procedures against the tenant before the competent authorities. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. If in partnership deed or in Power of attorney if one partner is authorised to sign then one partners sign is valid. 

2. No the other partner cannot straight away deny , since they have handed over possession and further now if they had come back file police complaint as it is illegal now. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No, that document is acceptable, the person who have signed it is liable.

Serve them a legal notice.

If that doesn't work than file a police complaint against them for trespassing 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

It is not necessary to denied signature but it will be good to have take a authority letter  from your wife in this regard that you are authorised to sign all the documents on her behalf as a sole signatury.

If there is a partnership from there is must be an agreement to form the partnership form and there should be a clause of operation that how the partnership will be operated. If you are not authorised to operate the form by the partnership agreement with your wife when you are authorised to do so and there is no need of any authority letter in this regard but in case it is required you have to take authority letter on previous date.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Agreement has singed which means possession is delivered to you. Break the lock and take possession. Don`t bother them, and let them go to court. You just thrown them out and file FIR of trespass if forced entrance.

Partners in the firm are authorized to act on behalf of firm so, single partner agreement valid agasint the firm. Document is valid.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. The partnership deed is to be perused for advising in the matter.

 

2. If it is written in the said partnership deed that  one specified partner will deal with the business and sign all agreements and deeds, then it is perfectly alright to take the signature of the said partner.

 

3. In your case, do not allow that person to enter in to your premises again and break open the lock as if there was no lock after he had vacated the premises.

 

4. Lodge a police complaint against him stating that he is forcibly trespassing in to your premises.

 

5. If he goes to Court, ot will take 10 years to get the matter disposed of and he will not have very good merit in his case since he has already vacated your premises.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

The obligations of one of the partners of Partnership Firm (PSF) binds all the other partners.

However, if the PSF confers any one of the partners to represent the other, it is not necessary for the other partners  to sigh.  If one partner signs it is enough.

Further, other partners can authorize one partner to represent others.

The person who signed cannot disown his signature on the pretext that other partner did not sign.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. IF it is Partnership Firm, THEN only one partners signature is sufficient, for all legal & documentation purposes.

2. IF any partner is aggrieved THEN he can file case against other partner but CANNOT file any case against the landlord, more specifically when vacant property was handed over by executing documents by one partner.

3. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person/s, supported with all relevant supporting Documents, Evidences & Witnesses.

4. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

if as per the partnership deed only one partner was required to sign on behalf of the firm then it would be valid. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. It depends on the partnership deed which they have done at time of registration of firm. 

2. If as per partnership deed only husband is authorised signatory then the agreement is completely valid and genuine without signatures if wife. 

3. No partner who executed the document cannot deny on ground that other partner have not signed the agreement. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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