Legal Question in Business Law in India
HUF partner in firm
Can HUF be partner in partnership firm. Does is hamper validity of firm?
5 Answers from Attorneys
Re: HUF partner in firm
The partnership is a relationship between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Hence, to become a partner in a partnership firm, the partner should be a natural person or recognized as person by the law (Company - by virtue of Companies Act 1956). Since, HUF is not a "person", but only group of persons belonging to the same family and carrying on the family business, HUF cannot be a partner in a partnership firm.
The above view is supported by a catena of judgments.
The Supreme Court of India held (AIR-1930-PC-300 & AIR1956-SC-854) - HUF is an association of persons is "not a person" within the meaning of expression in the Partnership Act. "� it is now well settled that HUF cannot enter into contract of partnership with another person or persons."
Re: HUF partner in firm
Yes HUF can be a partner in a partnership firm.
Re: HUF partner in firm
the karta on behalf of HUF and with permission from other coparceners can become a partner in a Firm using the rescources including Capital of HUF.
Re: HUF partner in firm
there will not be any hamper to the validity of the firm, you( HUF) could be a partner.
Re: HUF partner in firm
I agree with the above opinion.
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