Legal Question in Real Estate Law in India

Ours is a Co-op. society registered under the Maharashtra Co-op.Societies Act 1960. There are 20 chawl type structures running commercial activities. Recently, the society has agreed to go for redevelopment, for which a Developer (a Partnership firm) has been appointed. The draft of the agreement deed has been prepared, but is yet to be signed by both the parties. Now, in the Agreement Deed, the Developer has not mentioned the Partnership Registration No.of his firm. However, the Partnership Deed has been attached with the Agreement (Partnership Registration No. not mentioned). Can this in any way be detrimental for the interest of the society? If so, how, and what is the remedy to this. Kindly advice on this.

Asked on 1/11/10, 4:12 am

Shrichand Nahar S.V.Nahar, Advocate

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Registration of partnership with the Registrar of Firms is compulsory.

For to sue or be sued in the name of the Firm, registration is necessary.

If one is dealing with a Firm, it is always advisable that such Firm is duly registered as aforesaid.

Answered on 1/11/10, 9:27 pm

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