'X' and 'Y' are partners. 'Z' a minor son of 'Y' was admitted to the benefits of the partnership. 'Y' dies and the business of the firm is carried on. During this period 'X' incurs losses heavily. The creditors of the fi

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. The advice given by the lawyer that Z's liability is only upto his capital investment in the firm is not correct. Due to the death of Y the partnership between X and Y comes to an end. Z cannot be partner of X as he is minor and is not capable of entering into contract. ( Shri Ram vs. Gaurishankar , AIR 1961, Bombay 136). Moreover, the losses arise after the end of the partnership between X and Y. There is no liability upon Z and therefore he is not liable for the losses.