Section 35 of The Indian Partnership Act, 1932 in hindi
Where under a contract between the partners the firm is not dissolved by the death of a partner, the estate of a deceased partner is not liable for any act of the firm done after his death.
Summary
- This section protects the property of a partner who has died.
- If the partners have a contract stating the firm stays open after a death, the dead partner's estate is not liable for new acts.
- Any business the firm does after the date of death cannot result in claims against the deceased partner's assets.
- This rule only applies when a contract specifically prevents the firm from dissolving upon a partner's death.
Practical examples
FAQ
1. Does the estate of a deceased partner remain liable for firm debts under the Indian Partnership Act, 1932?
According to Section 35 of the Indian Partnership Act, 1932, the estate is not liable for any act of the firm done after the partner's death, provided the firm was not dissolved by that death.
2. What must exist for Section 35 of the Partnership Act to protect a deceased partner's assets?
There must be a contract between the partners stating that the firm is not dissolved by the death of a partner for Section 35 of the Indian Partnership Act, 1932 to apply.
3. Are acts done before death covered by the protection in Section 35 of the 1932 Act?
No, Section 35 of the Indian Partnership Act, 1932 only limits liability for acts of the firm done after the death of the partner, not those done while they were alive.
Test yourself
Q1.Under Section 35 of the Indian Partnership Act, 1932, what is the status of a deceased partner's estate regarding acts done after their death if the firm continues?