Do I need to change partnership deed?

There are 4 partners in partnership firm. 1 is individual and other 3 are seperate kartas of their HUF.

Now one of the karta was died. His son is now a new karta.

Is it required to change partnership deed ?

Replies (2)
Quick Summary
When a Karta partner in a firm dies, their son typically becomes the new Karta representing the HUF. While the HUF itself continues, it's often necessary to update the partnership deed to reflect this change in representation. This ensures the legal agreement accurately shows the current partners and may involve obtaining a succession certificate and executing a supplementary deed.

In the event of the demise of one of the Karta partners, the partnership deed may need to be revised to reflect the change in the HUF's representation.

Legal Implications: - *HUF Representation*: As the new Karta, the son now represents the HUF in the partnership. This change in representation may require updates to the partnership deed. -

*Partnership Deed*: The partnership deed serves as a contractual agreement between the partners. Revising the deed to reflect the change in Karta ensures that the partnership's legal framework accurately represents the current partnership structure.

Necessary Steps: - *Obtain a Succession Certificate*: The son, as the new Karta, should obtain a succession certificate to establish his authority to represent the HUF. -

*Update Partnership Deed*: The partnership deed should be revised to replace the deceased Karta's name with the new Karta's name, ensuring that the partnership's legal framework accurately reflects the current partnership structure. -

*Execute a Supplementary Deed*: The partners can execute a supplementary deed to the original partnership deed, outlining the changes and updates resulting from the change in Karta.

 

as such you may not amend the deed as long as the HUF continues to exist. The karta is only there in his representative capacity. 

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