Indian partnership act 1932
practicing advocate
(Querist) 05 February 2018
This query is : Resolved
Respected learned counsel,
If in a partnership deed the name of the nominee is not mentioned and the deceased partner was the son of the surviving partner and the second admitted partner is the younger son of the surviving partner.The deceased partner was a married person.
My query is that now who will be the legal heir in such a case?
Will the surviving partner who is a mother can be termed as legal heir because the daughter in law is not interested in the business?
Bank want no objection certificate from the legal heir?
Daughter in law has 2 month old son just a new born child?
Please help me to resolve this query
Kind Regards,
Advocate-pradeep mishra
.
Vijay Raj Mahajan
(Expert) 05 February 2018
You have not mentioned if the person concerned in the partnership firm were Hindus or any other religion. Anyhow if they are Hindus, the deceased partner being Hindu is survived by his widow, minor child 2 months and his mother, all of these are his class 1 heirs under the Hindu Succession Act,1956. The No objection certificate for introduction of new partner in the firm required by the bank will be all his heirs, namely his widow for herself and minor child and mother for herself.
Sri Vijayan.A
(Expert) 05 February 2018
yes, Mother, Wife and minor child are the legal heirs of the deceased partner.
Wife can relinquish her share in the business and Mother can act as partner for the half share devolved from her son.
Minor child is also a partner for another half share. Mother can act as representative for her grand child, for which natural guardian (Mother of child/ wife of deceased) can give clearance.
