confirmation deed
8 months ago
builder is a partnership firm, through development agreement(2018) agreed to give(by 2021) 2bhk 2 flats , flats are ready with completion certificate, but 2 out 5 are not signing on the confirmation deed(because of personal grudge), can we register the flat confirmation deed with the help of 3 partners(they are ready to sign) considering majority. or else what can be the resolve.
A.Dear Client,
In a Partnership business, all the partners are equally liable for non-performance of their respective obligations as per the terms and conditions of the Partnership Deed. When all the documents/papers in connection with the real estate project are executed jointly by all the partners, Confirmation Deed also requires the consent and signature of all the partners. In a case out of 5, two partners are reluctant to sign the deed for any reason, they can execute a registered GPA in f/o any person to sign on their behalf, otherwise, the matter may be referred to the Registrar of Societies & Firms concerned failing which a civil suit for specific performance against the erring partners shall be filed before the Civil Court. Moreover, if the registration process of constructed/ready flats is delayed for an internal dispute between the partners, the possibility of filing a complaint against the Builder for deficiency in service from the buyer/allottee to the concerned Authority cannot be ruled out at the moment. So, try to negotiate the dispute or difference between the partners amicably to avoid legal consequences that may make the matter worse. If require, reach out to an Advocate for guidance and steps.
In a Partnership business, all the partners are equally liable for non-performance of their respective obligations as per the terms and conditions of the Partnership Deed. When all the documents/papers in connection with the real estate project are executed jointly by all the partners, Confirmation Deed also requires the consent and signature of all the partners. In a case out of 5, two partners are reluctant to sign the deed for any reason, they can execute a registered GPA in f/o any person to sign on their behalf, otherwise, the matter may be referred to the Registrar of Societies & Firms concerned failing which a civil suit for specific performance against the erring partners shall be filed before the Civil Court. Moreover, if the registration process of constructed/ready flats is delayed for an internal dispute between the partners, the possibility of filing a complaint against the Builder for deficiency in service from the buyer/allottee to the concerned Authority cannot be ruled out at the moment. So, try to negotiate the dispute or difference between the partners amicably to avoid legal consequences that may make the matter worse. If require, reach out to an Advocate for guidance and steps.
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