An act of a partner for acquiring an immovable property on behalf of t...
THE INDIAN PARTNERSHIP ACT' 1932 Section.4 of the Indian Partnership Act, 1932 defines Partnership in the following terms: “ Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.”
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An act of a partner for acquiring an immovable property on behalf of t...
Authority of Partner under Indian Partnership Act, 1932
The Indian Partnership Act, 1932 governs the partnership firms in India. It defines the rights, duties, and liabilities of partners in a partnership firm. One of the significant aspects of partnership law is the authority of partners to act on behalf of the firm. The act specifies four types of authority: express, implied, semi-implied, and restricted.
Express Authority:
Express authority is the authority granted to a partner by the partnership agreement. The partnership agreement may be written or oral, and it defines the scope of the partner's authority. If the partnership agreement authorizes a partner to acquire immovable property on behalf of the firm, then it is an act of express authority.
Implied Authority:
Implied authority is the authority that is not expressly given but inferred from the partner's position, duties, or past conduct. For example, if a partner is responsible for purchasing goods for the firm, then he has the implied authority to buy goods on behalf of the firm.
Semi-implied Authority:
Semi-implied authority is the authority that is neither express nor implied but inferred from the circumstances. It arises when the partner is acting in the ordinary course of the firm's business. For example, if a partner is authorized to sell goods on behalf of the firm, he has the semi-implied authority to collect payment for the goods sold.
Restricted Authority:
Restricted authority is the authority that is limited by the partnership agreement. A partner may have limited authority to act on behalf of the firm in certain matters. For example, a partner may have the authority to purchase goods up to a certain limit.
Conclusion:
In the given question, the act of a partner for acquiring an immovable property on behalf of the firm is within the provision of express authority under the Indian Partnership Act, 1932. It means that the partnership agreement authorizes the partner to acquire immovable property on behalf of the firm.
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