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Manik.Akar (Student)     03 July 2010

Partnership issue

 

hi

This is a case study.

A & B are partners.

The sum of amt X in 5 figures belonging to the co. was under the possession of A in good faith.

The same amt was stolen from A's house while both A & B were out of station.

A & B does not see any conspiracy regarding this.

Now that they want to dissolve partnership after 2 years of theft.

The relations between A & B are healthy

I want to know what are the responsibilities & obligation on the part  "A" regarding the money stolen.

1. While settling can "B" claim half of "X" money that was stolen from A's house.

2. "A" has the capacity to bear the loss due to theft where as  B does not.

.

regards



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     04 July 2010

A has also lost his half share.  A cannot be held responsible for the theft.

AA RAMAKRISHNAN (SR. ADVOCATE)     04 July 2010

Dear Member:

Theft is an unfortunate event. Any unforseen event or natural calamity may damage the partnership.  The responsibility of the losses or profits may be shared by the partnership according to their sharing ratio as enumerated in the partnership.

Thanks.

AAR. KRISHNAN


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