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How to buy Immovable property in name of the firm


21-May-2023 (In Property Law)
Immovable Property initially brought into firm as capital contribution----without conveyance---just by a mere book entry AND later on (on reconstruction of firm) conveyance (by sale/ gift) of immovable property to third party / other partner Please advice on and as per: 1.) contribution into firm as per section 14 of partnership act and section 45(3) and 50 C of Income tax act. 2.) on conveyance :- requirement of sign of OTHER PARTNERS on Partnership Reconstruction deed AS WELL AS on GIFT/SALES DEED as per sec48 of partnership act, cap gain tax to FIRM u/s 45(4) and 50c of I/T act AND ALSO in hands of partner on sale , revocability of gift of immovable property u/s 122 of transfer of property act, sec17 registration act AND CLAIM BY LEGAL HEIRS UNDER limitation act AND STAMP DUTY IN RAJASTHAN on conveyance deed and reconstruction deed AND FORMALITIES /RESTRICTION as per RIICO
Answers (1)

Answer #1
608 votes
1. As per section 14 of Partnership Act, The property of the firm is Subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stock of the firm, or acquired, by purchase or otherwise, by or for the firm, or for the purposes and in the course of business of the firm, and includes also the goodwill of the business. Unless the contrary intention appears, property and rights and interests in property acquired with money belonging to the firm are deemed to have been acquired for the firm.

And as per section 45(3) of Income Tax Act, The profits or gains arising from the transfer of a capital asset by a person to a firm or other association of persons or body of individuals (not being a company or a co- operative society) in which he is or becomes a partner or member, by way of capital contribution or otherwise, shall be chargeable to tax as his income of the previous year in which such transfer takes place and, for the purposes of section 48, the amount recorded in the books of account of the firm, association or body as the value of the capital asset shall be deemed to be the full value of the consideration received or accruing as a result of the transfer of the capital asset.
Every partner has to contribute to the firm for its growth, the property brought into the name of firm will be considered as the firm's property and also, as per the said section of Income Tax the gains and profits will be taxable in nature.

2. As per the section 48 of Indian Partnership Act, the debts incurred by the firm will be paid by all the partners in equal proportions, the said section states as under:
Mode of settlement of accounts between partners.—In settling the accounts of a firm after dissolution, the following rules shall, subject to agreement by the partners, be observed:—
(a) losses, including deficiencies of capital, shall be paid first out of profits, next out of capital, and, lastly, if necessary, by the partners individually in the proportions in which they were entitled to share profits;
(b) the assets of the firm, including any sums contributed by the partners to make up deficiencies of capital, shall be applied in the following manner and order:—
(i) in paying the debts of the firm to third parties;
(ii) in paying to each partner rateably what is due to him from the firm for advances as distinguished from capital;
(iii) in paying to each partner rateably what is due to him on account of capital; and
(iv) the residue, if any, shall be divided among the partners in the proportions in which they were entitled to share profits.
Signature of every partner is required in the conveyance deed or a gift deed or any sale involving the transfer of property.

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