X worked on behalf of y and now y is no more then....?
Sharad Agrawal
(Querist) 07 July 2016
This query is : Resolved
X and Y are partners and working in construction line. agreement was made and signed by Y and completed the work according to the agreement but before the final payment Y got died after that X asked for the final payment from the party. Party denied for the payment because Y in the agreement was died. How can X get the money from the client of Y???
Kumar Doab
(Expert) 07 July 2016
The party can make the payment to firm if agreement was signed on behalf of firm.
If it was in individual capacity then party can pay to legal heirs.
Rajendra K Goyal
(Expert) 07 July 2016
Partnership comes to an end if one partner expires.
If the payment was from firm, the remaining partner along with the legal heirs of the deceased should claim.
R.K Nanda
(Expert) 07 July 2016
Nothing to add .
ADV-JEEVAN PATIL, MUMBAI
(Expert) 08 July 2016
Partnership does not comes to an end unless there is specific cause in Agreement for dissolution. In place of deceased Y, his heir or successor can be brought on record to continue the business activity. If. Any client refuse to pay, recovery of Y, suit can be brought in behalf of partnership firm against client.
Sharad Agrawal
(Querist) 23 July 2016
Dear all,
forgot to mention one thing that both were partners verbally not in written.
Otherwise CPC provides the facility to sue to the case under order 30 and the answer would be so easy for me.
Kumar Doab
(Expert) 23 July 2016
Engage an able counsel at your location and share everything for a considered opinion.
Sharad Agrawal
(Querist) 24 July 2016
Thank you Mr. Kumar Doab for the true suggestion.
