Distinguish between the following: Co-ownership and partnership
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2019
Distinguish between the following: Co-ownership and partnership
Answer & Explanation:
Co-ownership is not always the result of an agreement: it may arise by the operation of law or from status, e.g., co-heirs of a property. Partnership is between two persons. Partnership must arise from an agreement. A partner is the agent of the other partners, but a co-owner is not the agent of the other co-owner(s). Co-ownership does not necessarily involve community of profits and loss, partnership does. A co-owner can without the consent of the others transfer his rights and interests to strangers, a partner cannot do so without the consent of all the other partners so as to make the transferee a partner in the firm. A co-owner can ask for division of property in specie, but no partner can ask for this. His only right is to have a share of the profits out of the properties. Partnerships end at death or insolvency; co-ownerships end at death. A co-owner has no lien on the property while a partner has a lien on the firm property.
Topics: Partnership Law
Related Questions in this Topic
- Distinguish between Apartment and Building under Real Estate (Regulation and Development) Act, 2016
- Distinguish between Vested and Contingent Interest under Transfer of Property Act, 1882.
- Distinguish between Right of Lien and Stoppage in transit under Sale of Goods Act, 1930.
- Distinguish between Partnership at will and Particular Partnership under Indian Partnership Act, 1932.
- Distinguish between Special Agent and General Agent under Indian Contract Act, 1872