Legal Question in Wills and Trusts in India

If a commercial property is purchased by a partnership firm of four partners where all purchase related formalities are complete i.e. payment, construction etc. However one of the partners dies before the formality of Deed of Conveyance (Registry) is completed. Can heirs of deceased partner be deprived of their share in the property by the surviving partners? Can the surviving partners make a fresh partnership deed of three partners without first obtaining an NOC from heirs of deceased partner or without first executing a deed of dissolution?


Asked on 7/30/13, 9:40 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

31.07.2013

Dear Sir / Madam,

No, the heirs of deceased partner cannot be deprived of their share in the property by the surviving partners.

No, the surviving partners cannot make a fresh partnership deed of three partners without admitting the deceased partner's legal heir into the partnership or settling the deceased partner's share in the business as on the date of the partner's demise.

Regards,

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Answered on 7/31/13, 1:39 am


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