Partnership date is prior to stamp paper date

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Query concerns validity of partnership deed where partnership date is earlier than stamp paper purchase date. Initial advice says deed date cannot be before stamp paper date. Later clarification allows backdating business commencement, but execution date must be on/after stamp paper date with proper clause.

Renjith Krishnan

Renjith Krishnan (Querist)
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12 May 2017 Hi Sir,

I had made a Partnership Deed on 26th April 2017, but I bought the stamp paper on 10th May 2017. Will that make my Deed invalid?
Can I give a clause as agreement was reduced in written form on 10th May 2017, and another statement as
WHEREBY IT IS AGREED that the parties hereto (hereinafter together called the partners) shall become partners in the business of ******** with effect from 27 th of APRIL 2017 upon the terms and conditions hereinafter contained namely:

CA LOKESH KASAT, FCA, M.Com

CA LOKESH KASAT, FCA, M.Com (Expert)
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12 May 2017 No, You can't do so. Date of Partnership can be date of Stamp paper or afterwards but not before

Renjith Krishnan

Renjith Krishnan (Querist)
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12 May 2017 Sir,
The issue is I drafted the deed through efilingportal.in. They made the deed in Haryana in 200 Rs Stamp paper on 27th April 2017, but I am from Kerala, where the stamp paper should be in 5000Rs. and they have already applied for PAN & TAN with 27th April as the Date of Incorporation.
I had rewritten the Deed on 5000 stamp paper where the date is 26th April. 2017, and the stamp paper was bought on 10th May 2017.
So I assume that my Deed, PAN, TAN all will stand invalid, is that right?

@VaibhavJ

@VaibhavJ (Expert)
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12 May 2017 Hi,

That's fine, you can have back dated agreement but deed date should be stamp paper date or after that, you should add following line in agreement...

" The partnership had come into existence with effect from 26/04/201 and shall continue until it is terminated by the mutual consent of all the parties. "

Also date of execution (signing should be on or after date of stamp paper.

So, Partnership Deed dated 10-5-2017 and Partnership constituted with effect from 26-04-2017.

Thanks!

@VaibhavJ

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