Disolution of firm

577 views 1 replies
Is there dissolution of firm by death of a partner if there are more than 2 partners in that firm?
Replies (1)
Originally posted by : Umesh Pokhariya
Is there dissolution of firm by death of a partner if there are more than 2 partners in that firm?

As a general rule, the death of a partner of a firm normally results in the dissolution of the partnership firm. However, under section 42(c) of the Indian Partnership Act, 1932, the rule in regard to the dissolution of the partnership by death of partner is subject to a contract between the partners of the firm. Accordingly, the partners of the firm may agree that the death of one partner will not have the effect of dissolving the partnership as regards the surviving partners unless the firm of partnership consists of only two partners.
- CIT vs. G.S. Mill (AIR) (1966) (SC) 24.
.
In case where a partner of a firm dies, the following three alternative options are available for the partners:
.
-> the legal representative of the deceased partner may step into the position of the deceased partner by means of a fresh agreement with the surviving partners of the firm; or
.
-> the surviving partners of the firm may continue the firm by purchasing the deceased partner’s share; or
.
-> the partnership may be dissolved.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 27 June 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details
Company
22 June 2026
Accountant

Global Image Technologies Private Limited

New Delhi

MBA

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details
Company
24 June 2026
Senior Account (VA Client Operations)

Karbon Business

Bengaluru

CA Inter

View Details
Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details