Compare the status of a minor in a joint hindu family business with th...
Status of a Minor in a Joint Hindu Family Business
In a joint Hindu family business, the status of a minor is determined by the Hindu Succession Act, 1956. The Act defines a joint Hindu family as a group consisting of lineal descendants of a common ancestor and includes their wives and unmarried daughters.
1. Position:- A minor in a joint Hindu family business holds the position of a coparcener, meaning they have an equal right to the family's ancestral property.
- They are considered as a member of the family and have the right to participate in the management and decision-making processes of the business.
2. Liability:- The liability of a minor in a joint Hindu family business is limited to their share in the ancestral property.
- They are not personally liable for any debts or obligations incurred by the business.
3. Rights and Privileges:- A minor in a joint Hindu family business has the right to receive their share of the profits and income generated by the business.
- They can exercise their right to demand partition of the family property.
- They can also participate in the management of the business and express their opinions on important matters.
4. Limitations:- A minor cannot enter into a valid contract or make binding agreements on behalf of the business.
- They cannot be held personally liable for any losses or debts incurred by the business.
- Any decision made by a minor in the business requires the consent and approval of an adult coparcener.
Status of a Minor in a Partnership Firm
In a partnership firm, the status of a minor is governed by the Indian Partnership Act, 1932. The Act defines a partnership as the relation between persons who have agreed to share profits of a business carried on by all or any of them acting for all.
1. Position:- A minor cannot become a partner in a partnership firm. They can only be admitted to the benefits of partnership.
- They are not considered as a full-fledged partner and do not have the right to participate in the management and decision-making processes of the firm.
2. Liability:- A minor is not personally liable for any debts or obligations of the partnership firm. Their liability is limited to the extent of their share in the firm's assets.
3. Rights and Privileges:- A minor in a partnership firm has the right to receive a share of the profits as agreed upon in the partnership deed.
- They can inspect and access the books of accounts of the firm.
- They can file a suit against the partners for their share in the profits and other benefits.
4. Limitations:- A minor cannot sue the firm or the partners for any losses or damages.
- They cannot actively participate in the management or decision-making processes of the firm.
- Any act or agreement by a minor is not binding on the partnership firm unless ratified by them after attaining majority.
Overall, the status of a minor in a joint Hindu family business is more favorable compared to a partnership firm. In a joint Hindu family business, a minor has more rights, privileges, and participation in the business, whereas in a partnership firm, a minor is limited to only receiving the benefits of the partnership.