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shah (proprietor)     16 August 2012

Rights of heirs


    this is a business started by my granfather (A).in cource of time he took his three sons as partners in this firm.On his death the three brothers made new partnership deed wherein the names of A was deleted and the three of them continued the family business.Now on death of one of them does his legal heirs have right in the business.The partnership deed is silent about the rights to legal heirs.Also does the legal heir of that deceased partner  have any rights on the property of the business.


 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 August 2012

The Share of the partner devolves on the legal heirs who can apply to get their share culled out, and they do not automatically become partners. 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 August 2012

If any partner is dead, automatically partnership deep gets cancelled. and if existing partners to be continued, they have to make a fresh partnership deed.

shah (proprietor)     16 August 2012

Thanks very much.Is there any time frame in which they have to make new partnership deed.What about the share of the deseased partner,is the legal heirs have right on it especially when the value as per the balance sheet is not very high but  immovoable property of the firm which  is taken on rent and the value of the same is  very high, can  the legal heir ask to take that into account while deciding the share of deseased partner.

M.S.R.Murty ( Manager (Admn))     17 August 2012

Dear Sir,

When the existing deed is cancelled such heirs settlement etc., would be settled as per existing deed prescripttion.

And further, new  partnership deed  will be in existence with remaining partners or heirs of deceased partners.  Being a legal heir you are having legal right for the share as per old partnership deed clauses.



shah (proprietor)     17 August 2012

Sir, Thanks for the reply.But the problem is the partnership deed is silent about this it doesnot not mention any particular procedure which I suppose is due to the fact that it was a family business and the deed was for name sake only.

Rushit (Advocate)     25 September 2013


Sir is the legal heir of deceased partner liable to pay for the debts or the existing partners would be liable to pay for it?

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