A partnership firm, a HUF and a Minor wants to be partner of another partnership firm. Decide the possibility of the same.
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2019
A partnership firm, a HUF and a Minor wants to be partner of another partnership firm. Decide the possibility of the same.
Answer & Explanation:
The word "person" in Section 4 of the Indian Partnership Act, 1932 contemplated only natural and legal persons. (Duli Chandv. C.I.T., AIR, 1956 SC 354). Partnership relation is one of contractual nature. Therefore, such persons who are competent to contract can enter into partnership. A firm or a Hindu Undivided Family is not a legal person and cannot enter into partnership with any person. When the Karta of a Joint Hindu Family enters into a partnership with strangers the other members of the family do not ipso facto become partners (Firm Bhagat Ram v. Comm. of Excess Profits Tax, AIR 1956 SC 374). Further it is to be noted that two partnership firms cannot enter into partnership as such but its partners can certainly form a new partnership. A minor cannot be a partner in a firm but, with the consent of all the partners, he can be admitted to the benefits of partnership (Section 30 of the Indian Partnership Act, 1932). He is entitled to share in the profits and his share is liable for the acts of the firm, but he is not personally liable. He cannot be made liable for the losses of the firm. Within six months of attaining majority or obtaining knowledge of his admission, whichever is later, the minor may elect to become or not to become a partner in the firm.
Topics: Partnership Law
Related Questions in this Topic
- Girish Upadhyaya and a Hindu Undivided Family (HUF) entered into partnership agreement. The Karta of the HUF contended t...
- A, B and C are three partners in a Partnership firm and they have filed the requisite notice with the Register of firms ...
- Mr. A and Mr. B are running business in Partnership and sharing Profits/Losses in equal proportion; name of the Firm is ...
- Explain the following: Who can be a partner as per Partnership Act, 1932?
- Distinguish between the following: (iv) Retirement of a partner and Expulsion of a partner.