Can the date of the stamp paper be after the partnership is

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Querist : Anonymous

Querist : Anonymous (Querist)

12 February 2010 Can the date of the stamp paper be after the partnership is entered to by the partners ?.

Querist : Anonymous

Querist : Anonymous (Querist)

12 February 2010 the partnership law in India has permitted the formation of pship without deed.What about those firms which go for registeration somewhat at later stage,will the law do not recognise that the real pship was formed earlier,e.g. PARTNERS IN A FIRM SIGN A PARTNERSHIP AGREEMENT ON PLAIN PAPER IN BACK DATE i.e. ACTUAL DATE OF PSHIP.,In my opinion in a deed on stamp paper if the date of formation of pship is mentioned (i.e. the earlier date) and it`s written that `the partners now hereby have reduced the agreement in writing in form of this deed`----. You will recall that the Indian Contract Act 1872 says that a contract/agreement can be oral also and that is equally valid and enforceable like other contracts.

Querist : Anonymous

Querist : Anonymous (Querist)

12 February 2010 its true the partnership act imposes certain inabilities on unregistered firms,but here we are talking about legitimacy of the partnership agreement entered on a stamp paper at a later date.

Querist : Anonymous

Querist : Anonymous (Querist)

Rasesh

Rasesh (Expert)
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17 February 2010 The partnership may be formed earlier. But it is now that you are putting the rights and liabilities in writing. Hence, with a current dated stamp paper, you may execute the partnership deed, clearly specifying that the partnership was formed w.e.f. _____ (date).

Querist : Anonymous

Querist : Anonymous (Querist)

18 February 2010 IS SAME THING APPLICABLE FOR C.A. FIRMS ALSO ? WILL IT DO THE PURPOSE SOLVE IF STAMP PAPER IS OF LATER DATE ?.

Rasesh

Rasesh (Expert)
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18 February 2010 I believe, Yes.

Querist : Anonymous

Querist : Anonymous (Querist)

19 February 2010 COMMENTS FROM MORE EXPERTS ARE WELCOME ON THE ISSUE.

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