As it is well known that a partnership firm dissolves as per Section 42 of the Partnership Act when 1 partner dies when there are only 2 partners.
But MIDC has taken the legal heirs of the deceased partner as partners in their records without permission of the only partner who is left. One MIDC plot is the only asset of this partnership firm.
I have following queries:
1) Can the surviving partner file a Writ Petition with High Court to declare that the partnership firm is dissolved?
2) Can the surviving partner ask the court to give him rights to dispose off this MIDC plot and share the sale proceeds in the profit sharing ratio?
3) Can the surviving partner ask the court to direct MIDC to revoke the transfer order made by them for taking deceased partner's legal heirs of as partners?
