Legal Question in Banking Law in India

partnership

A partnership firm consist of 3

major parttners. Two minors have

been admitted to the benefit of

partnership. Our firm has given a

loan to the above partnership firm

for which documents signed by the

major partners have been

obtained. Their personal guarantee

has also been obtained. Now one

of the minor has attatined majority

and he elects to continue as a

partners. Should we get loan

documents signed by the said

partner also who has attained

majority. What are the legal

consequences applicable in the

case.


Asked on 6/07/09, 12:30 am

5 Answers from Attorneys

RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: partnership

you should get the documents signed from the partner who has attained the majority. normally, a minor when attains majority and elects to be working working partner, he becomes liable for all the libillties from the day, he elects to remain in partnership, however, it is advisable to get the documents signed to avoid any technicality of law arising in future.

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Answered on 6/07/09, 1:19 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: partnership

The arrangement may continue as before.

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Answered on 6/07/09, 3:52 am
J. Radhakrishnan independent Practice

Re: partnership

If a minor opts on attainment of majority to continue as a partner, he becomes liable for the acts/liabilities of the firm from the date he was admitted to the benefits of the firm as a minor. However it is prudent to get his acknowledgment of the liability of the firm as also get his personal guarantee after he chooses to continue as a partner after attainment of majority.

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Answered on 6/08/09, 8:00 am
Pranav Desai PD Legal & Associates

Re: partnership

Not mandatorily required but it is recommended.

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Answered on 6/08/09, 8:09 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: partnership

Actually the decision is fo other partners to take as they have both options.

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Answered on 6/07/09, 9:28 am


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