Does sale deed require all partners to sign or is any one signature valid
A reg. partner ship firm having 5 partners, a firm name sale deed done on 2003 between firm and single owner. Property of land and two story building. sale deed shown only one partner sign the deal, and no power of attorney attach of other partner. sale deed done only rs. 20 rs. stamp paper
later they pay balance amount in the court to valid the sale deed.
So I require advice that should all the partner sign require on sale deed. if yes then
I should challenge the sale deed in court to invalid sale deed.
I am one of the legal hair ( owner is died after 2 month, sale deed sign.)
Asked 3 years ago in Property Law from Greater Mumbai, Maharashtra
1) if as per the partnership deed only one partner was required to sign on behalf of the firm then sale deed would be valid .
2) under section 22 of the partnership act an a ct of partner must be done in firm name to bind the firm
1. All the partners should have signed the sale deed executed in the name of the partnership firm,
2. Now, get a back dated resolution passed by all the partners authorising the one who signed the deed to execute and register the sale deed in connection of the said property,
3. Please note that if the said partners agree, back dated notarised power of attorney is possible to be made by purchasing a back dated stamp paper from the known vendor,
4. Talk to a local lawyer accordingly.
1) It needs to be seen how the partner came to sign the sale deed whether in individual capacity or as a partner of the firm.
2) It is also pertinent to see if the partnership firm designate a particular partner to sign the document and that would suffice. If it does our otherwise the other partners have no dispute regarding the same you cannot move the court to invalidate the sale based on this technical aspect.
3) The fact that the firm has taken steps to validate the sake by paying deficient stamp duty with penalty also will weaken your prospects of challenging the sale.
If there is decision taken by the partners and decided to authorise one person for buying a property in favour of the firm then there is no need to put the signature of all the partners in that sale deed. Other wise all persons put the signature.
Please remember that unregistered sale deed is invalid in law.
A partner of the firm can very well sign the execution of sale deed on behalf of his firm, POA deed or authorization letter is not necessary for this act.
If it was a sale agreement and the buyer has filed a suit for specific performance of contract on the basis f the said sale agreement and the court has allowed the suit and permitted the plaintiff to register the sale deed by paying balance of sale consideration amount and also the registration charges/fee, it is very much valid, you cannot agitate the court judgement. If you are aggrieved, you can prefer an appeal over it.
If a resolution was passed by the firm appointing one of its partners as the authorized agent to sign the sale deed then alone the sale deed is valid. In the absence of the resolution the sale deed does not pass the title. So if there is no such resolution the sale deed can be challenged in the court.
Hi sir/madam, if the said property is belongs to ancestral property you are having right over the said property. And You should verify the terms and conditions of partnership deed, if you found about the Resolution or POA (Power of Attorney) is required for the said transaction, you can challenge the said sale deed for cancellation and for possession before the jurisdictional civil court against them.