**Sample PDF of the Affidavit is attached at the end.
Why & When This Affidavit is Used
- When a sole proprietor/individual contractor registered under PWD Contractor's Registration Rules, 1967 (Odisha) wants to convert their firm into a partnership firm.
- It is mandatory to declare before the authority that the new partnership firm will take over all rights, liabilities, assets, and responsibilities of the old sole proprietorship.
- Required for updating the contractor's registration, PAN, GST, and banking details with government departments.
- Used at the time of official conversion approval by the licence-issuing authority.
Purpose of the Affidavit
- To confirm that the proprietorship firm is being converted into a partnership firm.
- To provide details of partners, their shares, PAN, Aadhaar, and roles.
- To declare that no partner has been blacklisted, banned, convicted, or disqualified.
- To ensure the transfer of all assets, liabilities, and credentials of the old proprietorship to the new partnership firm.
- To safeguard the licence-issuing authority by making the deponent personally liable in case of false information.
Important Points
- Executed on ₹100 Non-Judicial Stamp Paper.
- Must be sworn before the Executive Magistrate/First Class Magistrate.
- Sole Proprietorship registration will stand cancelled once the partnership conversion is approved.
- Changes in partners (death, resignation, new induction) must be immediately reported.
- False declaration invites penal action under registration rules and IPC/BNS provisions on perjury.
FAQs
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Q1. Is it compulsory to submit this affidavit for conversion?
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Yes, without this affidavit, the licence-issuing authority will not recognise the new partnership firm as a successor.
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Q2. Will the partnership firm automatically get the same contractor class?
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Yes, the affidavit ensures the same registration class is transferred to the partnership firm.
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Q3. What happens to the PAN & GST of the old firm?
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A separate PAN and GSTIN must be obtained in the partnership firm's name, as declared in the affidavit.
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Q4. Can new partners be added later?
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Yes, but only with prior approval of the licence-issuing authority.
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Q5. What if any partner is later found blacklisted or ineligible?
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The registration can be cancelled, and the deponent is liable for penal action.
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Q6. Does this affect the liability of the old sole proprietor?
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Yes, the affidavit transfers all assets, liabilities, and pending obligations to the partnership firm.
Downloads & Resources
Legal Affidavit Document
AFFIDAVIT
(To be executed on Rs. ___ Non-Judicial Stamp Paper before the Executive Magistrate/First Class Magistrate)
For Change of Constitution from Individual/Sole Proprietorship Firm to Partnership Firm
I, ___, ___ ___, Aadhaar No. ___, aged about ___ years, residing at ___, do hereby solemnly affirm and state as follows:
- That I am registered as an ___ ___ Class contractor in the name and style ___, holding Registration Certificate No. ___, issued by ___, valid up to ___, PAN No. ___, GSTIN ___, engaged in Civil Construction business.
- That I intend to change the constitution of my firm into a Partnership Firm in the name and style ___, bearing Regd. No./Date ___, in the State of ___.
- That ___ has ___ partners as detailed below:
| SI | Name | % Share | PAN | Aadhaar | Address | Date of Joining | Photo |
|---|---|---|---|---|---|---|---|
| 1 | ___ | ___ | ___ | ___ | ___ | ___ | ___ |
| 2 | ___ | ___ | ___ | ___ | ___ | ___ | ___ |
| 3 | ___ | ___ | ___ | ___ | ___ | ___ | ___ |
| 4 | ___ | ___ | ___ | ___ | ___ | ___ | ___ |
- That ___ is the Managing Partner/Signing Authority authorised under Partnership Deed No. ___ dated ___.
- That a separate PAN has been obtained in the name of ___ bearing PAN ___.
- That the firm is registered under GST bearing GSTIN ___.
- That a separate bank account has been opened in ___, Branch ___, Account No. ___, IFSC ___.
- That I have applied before the Licence Issuing Authority for conversion of ___ into ___.
- The above facts are true and correct to the best of my knowledge and belief.
Signature of Deponent
(___)
Solemnly affirmed at ___
On this ___
Signature & Seal of Executive Magistrate
Witnesses:
1. ___, ___
2. ___, ___

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