For admitting a minor into the benefits of partnership consent of ____...
Admitting a Minor into the Benefits of Partnership
In order to admit a minor into the benefits of partnership, the consent of all the partners of the firm is required. Let's understand why this is the correct answer.
Definition and Rights of a Minor
- A minor is an individual who is below the age of majority, which is generally 18 years.
- Minors are not legally capable of entering into contracts or making binding agreements.
- However, under the Indian Partnership Act, 1932, a minor can be admitted to the benefits of a partnership, which means they can enjoy the profits of the partnership without being personally liable for the partnership's obligations.
Consent of All Partners
- The consent of all the partners of the firm is required to admit a minor into the benefits of partnership.
- This ensures that all partners are aware of and agree to the admission of the minor.
- Since the minor will be entitled to a share of the profits, it is important for all partners to give their consent to avoid any future disputes or disagreements.
Reasons for Consent
- Admitting a minor into the benefits of partnership may have certain implications for the partnership.
- The consent of all partners is necessary to ensure that they understand and accept these implications.
- Partners may be concerned about the impact on the partnership's liability, decision-making, or allocation of profits.
- Therefore, obtaining the consent of all partners helps in maintaining transparency and consensus within the partnership.
Legal Protection
- By requiring the consent of all partners, the law aims to protect the interests of both the minor and the partners.
- It ensures that the admission of a minor is a collective decision, reducing the chances of exploitation or unfair treatment.
- The consent requirement also acts as a safeguard for the partnership, as it ensures that all partners are fully aware of the implications and responsibilities associated with admitting a minor.
In conclusion, the correct answer to the question is option 'D' - all the partners of the firm. This is because the consent of all partners is necessary to admit a minor into the benefits of partnership, ensuring transparency, consensus, and legal protection for all parties involved.
To make sure you are not studying endlessly, EduRev has designed CA Foundation study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CA Foundation.