Format of Partnership Agreement Between Two Partnership Firms

Format of Partnership Agreement Between Two Partnership Firms

THIS DEED OF PARTNERSHIP Is made at … on this… day of… Between M/ s A B & Co. a partnership firm consisting of (1)… (2)… (3)… partners and carrying on business at … hereinafter referred to as the Party of the First Part and M/s. X Y & Co. a partnership firm consisting of (1)… (2) … (3)…. (4)…. as partners and carrying on business at … hereinafter referred to as the Party of the Second Part, as follows

WHEREAS the Party of the First Part Is carrying on business at … and the business consists of ……………………

AND WHEREAS the Party of the Second Part is carrying on business at… and the business consists of ……………….

AND WHEREAS the parties hereto have proposed to commence and carry on a third business In partnership on the following terms and conditions and have proposed to execute this Deed.

NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

1. The parties hereto agree to carry on the business hereinafter mentioned in partnership on the terms and conditions herein mentioned, in the name and style of M/s ……………….

2. The Partnership shall commence from the …. day of …. 19 … and the period of the partnership shall be for three years from the date hereof.

3. The business of the partnership (hereinafter referred to as the ‘Firm’) shall consist of … only and no other business shall be undertaken by the Firm except by mutual consent of all the partners.

4. The Office of the partnership shall be at … The parties may open branches at such other places as they may be agreed upon.

5. Each of the parties of the First and Second Parts have contributed towards the initial capital of the firm a sum of Rs… In equal … shares. The partners will contribute such further amounts towards the capital of the firm in equal …. shares as may be required from time to time. If any party of the First or Second Part or any partner of any of the said partnership individually shall contribute more amount than its share in the capital, it will be treated as a loan by that party to the Firm. The amounts of capital contributed or loans advanced by any partner or partners will carry Interest at the rate of 1 8% per annum or at such maximum rate as may be allowable as deduction from gross Income under the Income Tax Act for the purpose of calculating taxable income.

6. The net profits and losses of the firm will be shared by the parties of the First and Second Parts in equal shares or proportion. Net Profit will mean the gross profits earned in such year less the expenses of the management of the business including the rent of the premises of the firm Including outgoings In respect of the salaries and wages of the staff, commission paid to others, and all other expenses incurred In connection with the business. The share in the net profits and/or losses of each partner of the First Part and of the Second Part will be shared or distributed among the partners of each of the partners of the First and Second Part according to the partnership agreements between the partners of each of the parties hereto of the First and Second Part recorded in the deeds of partnership of their respective partnerships above mentioned.

7. The accounting year of the Firm will be from 1st April to 31st March of each Christian calendar year.

8. At the end of each accounting year an account of the business carried on by the Firm In that year will be made and a statement of accounts namely a Balance Sheet and Profit and Loss Account will be prepared and signed by the authorised representatives of each party hereto. If necessary or required by law the accounts will be got audited by a Chartered Accountant.

9. The Books of account and all other record of the firm will be always kept at the office of the Firm and will be open for inspection by any of the authorised representatives of the parties hereto at any time.

10. Each of the Party of the First and Second Part will be represented by any partner of that party duly authorised by the other partners of that party from time to time, and the authorised representatives alone will be entitled to attend to the business of the firm and the other partners of that party will not Interfere in the business of the Firm. The true copies of the resolutions of the partners of each of the Parties of the First and Second Part appointing their respective representatives, duly signed by all the partners of that party will be kept in the records of the Firm. The representative so appointed will act as the working partner for the accounting year for which he will be appointed as representative of his Firm. The working partners will be entitled to remuneration at the maximum rate allowable as deduction from gross income under the Income Tax Act for taxable income.’ Such remuneration may be drawn every month or periodically as may be agreed upon. the aggregate drawn in a year not exceeding the maximum limit mentioned above.

11. In the event of any difference of opinion between the two authorised representatives, on any question relating to the business of the Firm the matter will be placed before a joint meeting of all the partners of each of the parties hereto of the First and Second Part and discussed. But the matter will not be decided on the basis of majority of the partners of both the partnerships but only on the mutual consent of all the partners.

12. Each of the Parties of the First and Second Part hereto will be entitled to change the constitution of its partnership by taking additional partner or partners in place of those retiring from the partnership or by reason of death or insolvency of any partner. but such change will be notified to the other Party hereto from time to time.

13. The expressions Party of the First Part will therefore mean and include the partners or partner for the time being of that partnership and the expression “Party of the Second Part” will also mean and include the partner or partners for the time being of that partnership. But no change In the constitution of the party of the First Part or the party of the Second Part will affect the terms and conditions of this Deed. All partners each of the party hereto for the time being shall be deemed to be partners of this Firm and the half share in the profits and losses of the Firm will shared by the parties of each of the Parties hereto In proportion to their shares in their respective firms being the Parties of the First and the Second Part hereto.

14. Each of the Party of the First Part and Second Part will be entitled to carry on its own business but none of them will carry on said business undertaken by this partnership, directly or indirectly during the continuance of this partnership.

15. All the working staff such as clerks. peons. accountants, cashier, salesmen and others will be appointed by the joint consent of the authorised representatives of the parties hereto and their wages and salaries and other emoluments will be fixed by mutual consent of the authorised representatives.

16. Each of the Party hereto through its authorised representative shall-

(a) participate and attend to the business of the firm to the greatest common advantage of the firm.

(b) be just and faithful to each other.

(c) render true accounts and full information of all moneys affecting the Firm to the other.

(d) indemnify the Firm for any loss caused to it by wilful negligence or fraud In the conduct of the business.

(e) Not carry on any business similar to the business of the Firm anywhere without the consent of the other party.

(f) attend to the business of the Firm diligently and actively.

(g) Not withdraw any amount for his own or his partnerships benefit or use as remuneration or otherwise without the consent of the other Party hereto.

(h) be entitled to be indemnified by the Firm in respect of payment made and liabilities incurred by him – (i) in the usual and proper course of business of the Firm and (ii) in doing any act for protecting the Firm from loss in emergency.

17. All the tangible and Intangible assets of the Firm including the goodwill, stock-in-trade, benefit of business licenses and permits. benefits of contracts entered etc. will belong to the parties of the First & Second Parts in equal shares and the property of the Firm shall be used by the parties exclusively for the business of the firm.

18. Every Party shall account for the profit earned from any transaction of the Firm or for the use of the property in business transaction of the Firm.

19. Any Party of the First or Second Part or any partner thereof shall not. without the consent of the other –

(a) submit any dispute with any other person to arbitration or com- promise or relinquish the claim.

(b) withdraw any suit or legal proceedings filed by the Firm.

(c) admit any liability of the Firm.

(d) acquire or dispose of any immovable or moveable property, except the stock in trade in the ordinary course of business.

(e) enter Into partnership or other business unilaterally with any other person.

(f) assign or transfer his share or any interest in the Firm.

(g) admit any person as a partner in the Firm.

(h) borrow any moneys for or in the name of the Firm, or create any security or charge on the assets of the Firm.

(i) enter into any contracts except contracts in the regular course of business of the Firm.

(j) stand as a guarantor or surety for any person in the name of the Firm or for and on behalf of the Firm.

20. The parties shall open in the name of the Firm one or more accounts either current. saving or overdraft or cash credit with one or more banks as may be agreed upon by the partners and the account or accounts will be operated by the authorised representatives of the parties hereto jointly.

21. The Partnership shall stand dissolved on the expiration of the said period of 3 years unless by mutual consent the period is extended by any additional period in which event the partnership will continue on the same terms and conditions as are herein contained subject to such modification as may be mutually agreed.

22. Notwithstanding anything herein contained to the contrary if any of the Party of the First Part or the Party of the Second Part is or a majority of the partners of any of the parties hereto are adjudged insolvent or dissolved for any reason, this partnership will also stand dissolved.

23. On dissolution of the partnership hereby created accounts will be made of all assets, debts, and liabilities and subject to payment of the debts and liabilities, the net assets will be distributed between the parties, of the First Part and of the Second Part in equal shares.

24. This partnership will be registered under the Income Tax Act, 1961, and the Partnership Act, 1932 and the application for registration or a true certified copy of this deed will be signed by all the partners of both the parties hereto.

25. If any dispute or difference shall arise between the parties hereto touching the business of the firm or Interpretation of any provision hereof or otherwise, howsoever, relating to the Firm and its business, the same shall be referred to arbitration of a common arbitrator if agreed upon, failing which to two arbitrators one to he appointed by each party of the First Part and party of the Second Part, to the arbitration and the arbitration shall be governed by the Arbitration & Conciliation Act, 1996.

26. This Deed is executed In duplicate and one copy will remain with the Party of the First Part and the other will remain with the Party of the Other Part.

IN WITNESS WHEREOF the parties have put their respective hands the day and year first hereinabove written.

Signed and delivered for and on behalf of the Party of the First Part by its partners (1) … (2) … (3) … In the presence of …

Signed and delivered for and on behalf of the withinnamed Party of the Second part by its partners (1) … (2)… (3) … (4)… in the presence of.

 

Format of Family Arrangement

Format of Family Arrangement

Birth Certificate Affidavit FormatTHIS DOCUMENT OF ARRANGEMENT of properties belonging to the family and its members by mutual and free consent of various members of the family made on (date) day of (month and Year) BETWEEN Shri, A, aged about 58 years, karta of the Hindu undivided family, Mrs. B, aged about 48 years, wife of the above Karta and a member of the said Hindu undivided family, Kumari ‘C’ aged about 32 years and Kumari ‘D’ aged about 34 years, both daughters of the Karta and members of the said Hindu undivided family and Shri ‘E’ aged about 32 years, son of the Karta and a member of the said Hindu undivided family.

WHEREAS the above five persons constitute a joint family governed by Hindu Law owning various movable and immovable properties more particularly described in S.No. 1 to………………. Of Schedule A, 1 to……………….of Schedule ‘B’ and 1 to ……………….. of Schedule ‘C’ and 1 to ………………. Schedule ‘D’ attached hereto.

AND WHEREAS in view of the internal family quarrels amongst the family members, the members are not able to continue their joint enjoyment of the properties belonging to the family and therefore all the members have voluntarily and of their free will agreed to put an end to such a situation and have also agreed to certain stipulations hereinafter appearing:

NOW THIS DOCUMENT WITNESSES as follows:

1. The properties listed as in S.No. 1 to ______________ of Schedule A hereto shall go to the share of Miss. ‘C’

2. The properties listed as in S. No. 1 to ___________ of Schedule ‘B’ hereto shall go to the share of Miss. ‘D’.

3. The properties listed as in S. No. 1 to______________ of Schedule “C’ hereto shall go to the share of Mr. ‘E’

4. That the properties listed in S.No. 1 to ______________ of Schedule ‘D’ shall continue to jointly vest in the ownership of the family whose income shall be enjoyed jointly by all the members of the family.

5. That each of the above parties shall be entitled to the arrears of any rent or other incomes and shall be liable for any cesses and taxes upon properties which have gone to his/her share from the date of this arrangement and otherwise shall be entitled to deal with the properties as an absolute owner thereof.

6. That each of the party shall enjoy, sell, transfer, convey or otherwise use or put to use the said properties going to his or her share.

7. That each of the parties hereby agree that he has no right, title, interest or any other claims whatsoever on the properties allotted to any of the other members.

IN WITNESS WHEREOF etc.

Format of Deed for Simple Mortgage

Format of Deed for Simple Mortgage

Birth Certificate Affidavit FormatThis Deed of Mortgage made at …………………. this ……………. day of ………………. Between X, son of …………………………. resident of ………………………. hereinafter called as a mortgagor of the ONE PART and Y, son of …………………. resident of ……………… hereinafter called as a mortgagee of the OTHER PART.

WHEREAS the mortgagor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the house bearing municipal no……………. situated on …………………… Road, ………………….. more particularly described in the Schedule hereunder written;

AND WHEREAS the mortgagor has requested the mortgagee to lend him a sum of Rs. …………………… which the mortgagee has agreed on the mortgagor mortgaging his property.

NOW THIS DEED WITNESSETH THAT in pursuance to the said agreement and in consideration of the sum of Rs. ……………… at or before the execution of these presents paid by the mortgagee to the mortgagor (the receipt whereof, the mortgagor doth hereby admit and acknowledge and of and from the same hereby release and discharge the mortgagee), the mortgagor hereby covenants with the mortgagee that he will pay on the ………………… day of …………….. (hereinafter called “the said date”), the said sum of Rs. …………….. with interest @ …….. % per annum from the date of these presents till the repayment of the said sum in full, every quarter the first installment of interest to be paid on the ………………. day of ………. 2000 and each subsequent installment on the ……………. day of July, October, January and April of each succeeding year until the said sum is repaid in full.

AND THIS DEED FURTHER WITNESSETH THAT

In consideration aforesaid, the mortgagor doth hereby transfer by way of mortgage his house bearing municipal no …………….. situated on ………….. Road . …………………. and more particularly described in the Schedule hereunder written as a security for repayment of the said sum with interest @ ……………. per annum with the condition that the mortgagor, his heirs, executors, administrators or assigns shall on the said the pay to the mortgagee, his heirs, executors, administrators or assigns the said sum of Rs ………….. together with interest thereon at the rate mentioned above, the said mortgagee, his heirs, executors, administrators, or assigns shall at any time thereafter upon the request and at the cost of the mortgagor, his heirs, executors, administrators or assigns reconvey the said house, hereinbefore expressed to be mortgaged unto or to the use of the mortgagor, his heirs, executors, administrators or assigns or as he or they shall direct.

AND IT IS HEREBY AGREED AND DECLARED that if the mortgagor does not pay the said mortgage amount with interest when shall become due and payable under these presents, the mortgagee shall be entitled to sell the said house through any competent court and to realise and receive the said mortgage amount and interest, out of the sale proceeds of the house.

AND IT IS FURTHER AGREED AND DECLARED by the mortgagor that during the period, the mortgage amount is not paid and the said house remains as a security for the mortgage amount, the mortgagor shall insure the said house and take out an insurance policy in the joint names of the mortgagor and mortgagee and continue the said policy in full force and effect by paying premium and in case of default by the mortgagor to insure or to keep the insurance policy in full force and effect, the mortgagee can insure the said house and the premium paid by the mortgagee will be added to the mortgage amount, if not paid by the mortgagor on demand.

AND IT IS FURTHER AGREED THAT the mortgagor can grant lease of the said house with the consent of the mortgagee in writing.

AND IT IS FURTHER AGREED BY THE MORTGAGOR that he shall bear stamp duty, registration charges and other out of pocket expenses for the execution and registration of this deed and reconveyance deed but however each party will bear cost and professional charges of his Solicitor/Advocate.

IN WITNESS WHEREOF the parties have put their hands the day and year first hereunder written.

The Schedule above referred to

Signed and delivered by X the within named mortgagor

Signed and delivered by Y the within named mortgagee

WITNESSES;

1.

2

Format of Agreement for Guarantee Of Performance Of Hire Purchase By The Hirer

Format of Agreement for Guarantee Of Performance Of Hire Purchase By The Hirer

Birth Certificate Affidavit FormatTo

…………………………………….

…………………………………….

…………………………………….

In consideration of your agreeing to deliver at my request to Shri ……………………….. (hereinafter called the hirer) under the terms of hire purchase agreement proposed to be made between you, the goods mentioned in the Schedule hereto annexed, I the undersigned …….……………. do hereby guarantee the due payment by the hirer of each and every sum that become due under the said hire-purchase agreement and the due performance by the hirer of each and every term and condition of the said agreement and I agree and declare that any extension of time or granting or indulgence to the hirer or making of any composition with the hirer or the variation of the terms of the said agreement or the waiver by you of any broach by the hirer of any terms of the said agreement will not discharge, release or affect my liability under this guarantee in any way.

The Schedule referred to above

(Particulars of the goods to be delivered to the hirer)

IN WITNESS WHEREOF, the surety has hereunto set and subscribed his hands on this …………….. day of ……………… 2000.

Signature of the surety

WITNESSES;

1 ………………………

2. ……………………..

Format of Deed for Gift to Son

Format of Deed for Gift to Son

Birth Certificate Affidavit FormatTHIS DEED OF GIFT is made on……….day of…………between Mr………… s/o……………r/o………….(hereinafter called the Donor) and Mr………………s/o………………..r/o……………………………(hereinafter called the Donee).

WHEREAS the donor is an old man of ……… years of age, having a wife, one son (the donee) and one daughter.

WHEREAS the donor has married his daughter Mrs…….to Mr……………….s/o………………..r/o……………….belonging to a well off family owning large chinks of property and as such she has sufficient means of livelihood is being looked after by her husband in a dignified manner.

WHEREAS the donor has already taken care of the maintenance and livelihood of his wife Smt………vide gift deed dated……….and ………….executed by the donor bestowing upon his wife one house at …………….City…………..and two shops numbering ………..situated at ………City…………

WHEREAS the donor apprehends some property disputes among his wife and children after his death, hence the donor is desirous to execute a gift deed in respect of his house situated at ………….more precisely described in the schedule annexed hereto, in favour of his son (the donee).

NOW THIS DEED OF GIFT WITNESSES AS FOLLOWS:

1. That the donor does, hereby, out of his natural love and affection for his only son, of his free will and without any force, compulsion or undue influence and with a keen desire to see the donee settled and well established in his life, grant, convey and transfer by way of gift to the donee his one bungalow and three Flour Mills (Particulars of which are precisely stated in the schedule annexed hereto). To hold the same unto the said donee and his successors or heirs absolutely and fore ever.

2. That the value of the property, described in the schedule, at present, is Rs………

3. That the donee accepts the gift and takes the delivery of the possession of the entire property so mentioned in the schedule thereto.

4. In proof whereof the donor/executant puts his signature to this deed of gift on the day, month and year first above noted.

Schedule

Sd/-Donor………………….

Sd/-Donee…………………

Witnesses :

1. ……………..

2. ……………..

Format of Affidavit With The Application For The Issue Of Duplicate Export Licence

Format of Affidavit With The Application For The Issue Of Duplicate Export Licence

Format of Affidavit With The Application For The Issue Of Duplicate Export Licence
Format of Affidavit With The Application For The Issue Of Duplicate Export Licence

Before the Deputy Chief Controller of Exports, Department of Supply, Ministry of Food, ………………………
In the matter of issue of duplicate licence to M/s. ………………………. Affidavit of A, aged about …………………… years, son of Shri …….. resident of ……………….. do hereby solemnly affirm and state as follows:
1 .That I am the proprietor of M/s. ………………….. doing the business of export and import of various items at ………………………..
2. That M/s. …………………… was issued license bearing No. ………. dated …………………….. for the export of …………………….. tons of ……………………………….
3. That the said licence has been lost, for which 1 lodged F.I.R. with Police Station, ……. …………….. vide F.I.R. No. ……………… dated ………………, a copy whereof is attached.
4. That the said licence has been lost without it being fully utilised and the ………………. so far exported on the said licence is to the extent of ……………. tons.
5. In the view of the above, it is requested that the duplicate copy of the said
licence may be issued. If the original licence be found any time, the same shall be returned to the issuing authority for cancellation, with being utilised.
I, A, the abovenamed deponent do hereby declare and verify that the contents of paras 1 to 4 foregoing are true to my knowledge and contents of paragraph 5 are submission to this Hon’ble Dy. Chief controller of exports, nothing material has been concealed and no part of it is false.
Verified at ………………….. on this …….. day of …………….. 201*.
Deponent
Date …………….

Format of Witness Affidavit

Format of Witness Affidavit

affidavitIN THE COURT OF HON’BLE DUTY MAGISTRATE _____

_____ S/o _____

VERSUS

_____ S/o _____

Criminal Complaint Under Section _____ read with section _____ of the Act & Under Section _____ I.P.C.

1- Complainant himself.
2- The _____ of _____ along with relevant record of account No. _____ of _____ and also the record of dishonourment of Cheque No. _____ dated _____for _____ /- drawn on _____ which was issued by the accused in favour of complainant
3- The _____ of _____ Branch along with relevant record of dishonourment of the record of dishonourment of Cheque No. _____ dated _____ for _____/- drawn on _____ which was issued by the accused in favour of complainant
4- Any other witnesses required later on shall be produced before this Hon’ble court.
Dated ________

Complainant

_____ S/o _____ R/o _____

Through counsel:
_____ Advocate, _____

Format of Witness Application for Summoning the witness and permission to deposit the expenses

Format of Witness Application for Summoning the witness and permission to deposit the expenses

Birth Certificate Affidavit FormatIn the court of _____

_____        Versus        _____

Petition under section _____ of the _____
Application for summoning the witness and permission to deposit the expenses of Witness.

Sir,

The applicant/petitioner respectfully submits as under: –

1-    That the above noted petition is pending in this hon’ble court and is fixed for _____. The applicant/petitioner wants to examine the following witness before this Hon’ble court:

i)    _____ from the court of _____ alongwith the relevant record of _____ court file titled as _____ Versus _____  “ now fixed for _____ for _____.
It is, therefore, prayed that the above mentioned witness may kindly be summoned for the date fixed and the applicant/petitioner may kindly be allowed to deposit the expenses of the witness before this hon’ble court.
Dated: _____

Applicant /Petitioner

Through counsel:
_____, Advocate _____

Format of Evidence Affidavit on behalf of Witness

Format of Evidence Affidavit on behalf of Witness

affidavitBEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, _____

_____ son of _____

Versus

_____

Complaint Under Section _____ of the Consumer Protection Act _____ Amended upto date
EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF WITNESS

I, _____ son of _____ resident of Village _____, Tehsil _____, District _____ do hereby solemnly affirm and declare as under :

1-    That on _____ I with _____ son of _____ all residents of _____, Tehsil _____, District _____were _____.
2-     That  __________.

Deponent

Verification:
Verified that the contents of my above affidavit are true to best of my knowledge and belief and nothing concealed therein.
Verified at _____ on _____

Deponen

Format of Witness Application for Dishonour of Cheque Affidavit

Format of Witness Application for Dishonour of Cheque Affidavit

affidavitIN THE COURT OF _____

_____                                                                                   …..COMPLAINANT
VERSUS

_____                                                                                   …..ACCUSED

COMPLAINT UNDER SECTION _____ OF THE _____ ACT READ WITH SECTION _____ OF IPC

LIST OF WITNESSES

1-    Complainant himself

2-    The concerned _____ of _____ Bank Limited, _____ alongwith the relevant record of dishonourment of the Cheque  No. _____ dated _____ for _____/- drawn on _____ Bank Limited, _____ in favour of the deponent from the account of the accused No. _____ company bearing its _____  Account No. _____ which was issued by the accused in favour of the complainant.

3-    The concerned _____ of _____ Bank _____ with the record of dishonourment of Cheque  No. _____ dated _____ for _____/- drawn on _____ Bank Limited, _____ in favour of the deponent from the account of the accused No. _____ company bearing its _____  Account No. _____ which was issued by the accused in favour of the complainant.

4-    Any other witnesses if later on required shall be produced before this Hon’ble court.

Dated :_____

Complainant

Through Counsel:
_____ Advocate, _____