• Division of Assets of Partnership firm on dissolution

Partnership firm purchased a land in firm name. As per Partnership deed ratio of sharing of business profit and losses are mentioned but there is no mention of shares in capital assets of firm. Firm had 5 partners, 3 partners had sharing ratio of 25% each and 2 had 12.5% each. Firm is dormant since its inception in 2009 except purchase of a land. Firm had not even filed any IT returns. Now 2 partners having share in profit & losses 12.5% each, want division of land and other partners does not agree to division of land and wants 40% share in land, their claim is that firm had 5 partners so each partner should have 20% stack in capital asset. Suggest is their claim legal? Where they should file the case?
Asked 4 years ago in Civil Law

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10 Answers

section 46 of partnership act provides that once the firm is dissolved, each partner or their representative shall be entitled against the rest of the partners to have the firm’s property applied to pay the debts and liabilities of the firm. The surplus property, if any is to be distributed among each partner or their representatives as per their respective rights in the firm.

 

2) it should be divided among the partners in the same proportion in which they were entitled to profit sharing.

 

3) each partner would not have 20 per cent share in capital asset 

Ajay Sethi
Advocate, Mumbai
94803 Answers
7551 Consultations

5.0 on 5.0

Land will divide after dissolution of firm. And whereas firm is not active so liable to be dissolve. Than will divide as per the profit and loss share. 25% and 12.5%.

Civil suit will file.

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

Dear querist,

The firm should file a case where the firm is registrered or works for gain and conduct business. The division of the land depends on the partnership deed you have executed otherwise the conduct of the parties is also essential to determine the real intentions between the parties to the partnership. There is definitely a legal claim if we formulate it in such a manner that it establish that the intention of the parties is evident from their conduct.

 

You can contact me for consultation. If any.

 

Regards,

Yuganshu sharma

Advocate 

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

It will be shared in same ratio. Civil court will be the appropriate court as NCLT don't cover partnership firms

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

Each partner shall receive the share as per the profit sharing ration in the firm if they do not agree other partners can file before court for dissolution and division.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Please note that  dissolution of the partnership firm the previous filing of IT return and any other statutory requirement is not necessary however Assets and liabilities of the partnership firm will be divided according to the  partnership ratio shown as the profit sharing ratio will be termed as a capital sharing ratio as well and property which has been purchased will be divided accordingly

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

Divide the partnership assets equitably. Upon dissolution, divide any assets and liabilities evenly among the former member partners. If you cannot come to an agreement with your partner, hire a mediator or file a civil lawsuit, and let the court divide the assets and liabilities.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Share of each partner must be specified in the deed  Thisi the essential condition as to how the profits of the firm to be shared between the partners. Profit sharing ratio must be clearly specified.

Profits include losses also. For fulfilling the condition as mentioned in section 184, ratio of losses should also be stated clearly.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. No the claim is not legally.

2. Legally the claim should be as per share of investments in firm.

3. The case should be filed Before civil court under partnership act for dissolution of partnership. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Each partner shall have the share of firm's assets in proportionate ratio.

Upon dissolution (also known as termination or “wind-up”), each partner is allowed to have their partnership applied toward the payment of their partnership debts. ... Thus, if a partner has a 20% interest in the firm, they are entitled to 20% of any surplus that is left over after the partnership debts have been paid.

When a partnership or a corporation winds up its operations, it has to liquidate and distribute its assets to the owners or shareholders. The partnership or corporation must assemble its assets, settle with creditors and debtors, and distribute its remaining assets among the owners or shareholders.

T Kalaiselvan
Advocate, Vellore
85004 Answers
2207 Consultations

5.0 on 5.0

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