Draft copy of amendment partnership deed on death of partner

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RAKSHA PALAN

RAKSHA PALAN (Querist)
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21 June 2019 Kindly help me with the draft copy of changes due to death of partner in partnership deed

Asha Kanta Sharma

Asha Kanta Sharma

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06 July 2024 Certainly! Here's a draft outline of the changes that typically occur in a partnership deed due to the death of a partner:

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**Amendment to Partnership Deed Due to Death of Partner**

**Partnership Deed Amendment**

This Deed of Amendment ("Amendment Deed") is made on [Date], pursuant to the death of [Name of Deceased Partner], a partner in the partnership firm known as [Name of Partnership Firm], hereinafter referred to as the "Partnership", formed under a Partnership Deed dated [Date of Original Partnership Deed], and registered at [Registration Details, if any].

**Recitals:**

1. **Partnership Details:**
- The Partnership is currently constituted with the following partners:
- [Name of Partner 1]
- [Name of Partner 2]
- [Name of Deceased Partner] (Deceased)

2. **Death of Partner:**
- [Name of Deceased Partner], a partner of the Partnership, has unfortunately passed away on [Date of Death].

3. **Legal and Financial Implications:**
- The death of [Name of Deceased Partner] necessitates certain amendments to the Partnership Deed to reflect the changes in partnership interest, rights, and obligations.

**Operative Part:**

**1. Removal of Deceased Partner:**
- With effect from the date of death of [Name of Deceased Partner], [his/her] name shall be removed from the list of partners in the Partnership Deed.

**2. Allocation of Partnership Interest:**
- The partnership interest of [Name of Deceased Partner] shall be redistributed among the surviving partners as follows:
- [Specify the redistribution of profit sharing ratio or capital contribution among the surviving partners.]

**3. Rights and Obligations:**
- The rights, duties, and obligations of the surviving partners shall be adjusted accordingly to reflect the redistribution of partnership interest as specified in this Amendment Deed.

**4. Capital Account and Retirement Benefits:**
- The capital account of [Name of Deceased Partner] shall be settled in accordance with the terms specified in the Partnership Deed, and any retirement benefits or entitlements due to [his/her] legal heirs or representatives shall be addressed as per applicable laws and agreements.

**5. Effective Date:**
- This Amendment Deed shall come into effect from the date of execution and signing by all remaining partners of the Partnership.

**Miscellaneous:**

- **Governing Law:** This Amendment Deed shall be governed by and construed in accordance with the laws of [State/Country].
- **Counterparts:** This Amendment Deed may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

**IN WITNESS WHEREOF,** the parties hereto have executed this Amendment Deed as of the date first above written.

**[Signature of Partner 1]**
**[Name of Partner 1]**
**[Designation, if any]**

**[Signature of Partner 2]**
**[Name of Partner 2]**
**[Designation, if any]**

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**Note:** This draft is a general outline and may need to be customized based on specific provisions in your original Partnership Deed and the laws applicable in your jurisdiction. It's advisable to consult with a legal professional to ensure all necessary legal formalities are met when amending a partnership deed due to the death of a partner.