what legal validity of will or partnership deeds In case of death of partner A
10 months ago
A,B and C were carrying on business in partnership firm. A is father B and C is Son A died preparing a Redg will in which after his death his wife to taken as partner in the x And Co of his 50% share on as per the deeds of partnership now B and C dont want Wife of A to be partner as per indian partnership act section7 The partnership is at will section 31 A subject to conact can be introduced as a partner in to firm without the consent of all existing partner
Now W intends to go to court for her introduced as partner as per the partnership deed clause which mention 1 on death or retriment legal hier will be the partner in same capacity as deceased 2. as per the will of her husband which also mention her to be a partner after death
In the given situation, apart from the personal will of a deceased partner, a clause specifying the introduction of a legal heir of the deceased partner in the Deed of Partnership, itself makes the wife of the deceased partner eligible for admission or introduction as a partner of the partnership business and other partners being signatories of the said Deed of Partnership got no right to object admission of the wife of a deceased partner as a partner in the existing Partnership firm. If the partnership firm got registered u/s.58 of the Partnership Act, 1932, then the matter may be placed before the Registrar of Firms. Societies and Non-Trading Corporation appointed u/s.57 of the Act by the State Govt. for a resolution in the matter. But in all fairness, by virtue of specific stipulation specifying the introduction of a legal heir of the deceased partner in the Deed of Partnership, the wife of the deceased partner is eligible and entitled for admission or introduction as a partner with the allocated share in the partnership business bereft of any merit in the objection of the existing partners even in case the claim is litigated by the claimant partner before the Court.
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