The heirs of the deceased partner:a)Can become a partner in the firm o...
The heirs of the deceased partner and their rights
The heirs of a deceased partner in a partnership firm have certain rights and limitations. Let's explore these in detail:
Right to claim share in profits and assets
The heirs of a deceased partner have a right to claim their share in the profits and assets of the partnership firm. This is based on the terms of the partnership agreement and the relevant laws.
Limitations on becoming a partner in the firm
However, when it comes to becoming a partner in the firm, the heirs of the deceased partner have some limitations. These are as follows:
Consent of surviving partners required
The heirs of the deceased partner can become a partner in the firm of the deceased partner only if the surviving partners give their consent in this regard. This is because partnerships are based on mutual trust and agreement between partners. The surviving partners may not want to admit new partners or may prefer to dissolve the partnership altogether.
No automatic right to become a partner
The heirs of the deceased partner do not have an automatic right to become a partner in the firm of the deceased partner. This is because partnership is a voluntary association of persons and the decision to admit new partners lies with the existing partners.
Conclusion
In conclusion, the heirs of a deceased partner have certain rights to claim their share in the profits and assets of the partnership firm. However, the right to become a partner in the firm is subject to the consent of the surviving partners and is not automatic.
The heirs of the deceased partner:a)Can become a partner in the firm o...
The heirs actually don't have the right to become partner but with the consent of all the partners they can become a partner in the firm u/s 35 only for the effect of competing with the act and only with the consent of all the partners.