Upgrad LLM

income tax letter for deceased father's partnership business


Hi,

My father had a partnership business but last January he passed away unfortunately. However his partner is alive but havent contacted me ever since. I am also not the legal heir of the business.

Now a couple of days back income tax has sent a letter to the office address of their business. The landlady of the office premises received the letter.

What should we do now with the letter ?

I am contemplating sending the letter to the living partner's residential address. Is that the correct thing to do and does my legal obligation end there ?

Thanks

 
Reply   
 
Law student and researcher

Commonly, in this case, the partnership has limited liability. So the liability arising out of that business and the profits are to be distributed among the partners only. As you are not the partner and the partnership is not renewed. So you should send that letter to another partner of that business. That's the right thing to do, if you haven't been into the partnership with them.
 
Reply   
 


Accountancy professional

As per the Partnership Act, the liability is unlimited for the partners, When any partner is deceased or resigned as the partner in the partnership, Then the Partnership agreement or the firm will be dissolved . and create a new(Altered) Partnership agreement with existing partners and also it was the option to choose the successor of the deceased will be the partner in the Altered partnership deed.

Now reg to issue.

If the notice from the income tax regarding the issue before your father deceased. If any liability appears in the notice then it was liable to the father's property along with the continuing partners in the partnership firm because the partnership firm has unlimited liability.

 

If u have any queries send me a reply and send me a message

 
Reply   
 
Proprietor

Section42 of The Indian Partnership Act is as follows

DISSOLUTION ON THE HAPPENING OF CERTAIN CONTINGENCIES. Subject to contract between the partners a firm is dissolved (a) if constituted for a fixed term, by the expiry of that term;

(b) if constituted to carry out one or more adventures or undertakings, by the completion thereof;

(c) by the death of a partner; and

(d) by the adjudication of a partner as an insolvent. 

now as on date there is no legality of the partnership as the same is disolved on happaning of an event.

NOW YOU CAN DO ONE THING, WRITE TO THE ASSESSING AUTHORITY AND TELL HIM ABOUT THE FACTS AND DO LET HIM KNOW ABOUT THE ADDRESS OF THE SECOND PARTNER SO THAT NEXT SUMMON CAN BE DELIVERED AND EFFECTIVE PROCEEDINGS CAN BE DONE BY THE ITO.

DO ENCLOSE YOUR DAD's DEATH CERTIFICATE 

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x