Partnership registration query

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Rubul (Querist)
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05 March 2015 Dear members please help me in the following queries regarding partnership registration
1.)For registration of a partnership firm an affidavit is required. Below I am reproducing the lines. Please explain me this affidavit (I found this specimen copy in the delhi gov website https://www.delhi.gov.in/wps/wcm/connect/DoIT_Industry/department+of+industries/home/public+service/specimen+of+affidavit and i have a strong doubt that this is not the correct format of affidavit as required under the act), why it is required and what is to be filled in each blank column, particularly i want to know the meaning of querijing jamuna - : "Affidavit of all the undersigned on solemnly affirmation and declaration : 3. We, the undersigned are the equal shares holder of land area measuring ___________ ________________ of _________________ situated at the revenue estate of _______ _____________________________________. 4. That we have no objection if the permit for qurejing Jamuna and is granted in the name of _____________________________ son of _________________________________, Resident of ____________________________________________________ by the concerned authority who has also the equal shares in the aforementioned lands. "

2.) Further there is a requirement for address proof, which may be in the form of rent receipt/rent agreement etc. My question is, when an entity is yet to be incorporated (i.e it is not yet incorporated that’s why we are applying for registration) than how the firm can enter in a rent agreement with someone?

3.) I heard from my professional circle (CA students) that in practice very few persons register their firms with registrar of firms & societies. And such non-registration did not affect its legal existence if they had a partnership deed duly notarized by competent authority. Same partnership deed can be used for obtaining PAN, Service Tax Registration No. and VAT Reg (without going for registration with registrar of firms). Is this true? Also is this is correct that a non-registered firm can not sue its debtor or partner even if their partnership deed is notarized?

4.) The partnership firm which is to be registered will provide architectural service. The place of bussiness is situated in a residential area. Actually it is one of the house of a partner, so is their any legal restriction in delhi if they do carry out such proffession in residential colony?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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05 March 2015 1. This affidavit is not the correct form.
2. Rent receipt/ agreement may be in the name of any one of the partner.
3. Yes it is true most of the firms don't go for registration. IT act also doesn't require registration. But for any legal proceedings registration is required.

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