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Liability of partnership firm giving collateral security


29-May-2023 (In Civil Law)
We were five partners in a Partnership Firm when, in 1999,the firm created an equitable mortgage on its landed property as a collateral security for bank facilities availed by a company in which two of the partners were promoter directors.In the last 20 years there have been various events – two of the partners died,one partner resigned and one partner joined. In legal proceedings by the bank upon default by the company in loan repayment,the bank impleaded the firm.The two partners,who were also Directors in the company,have been individually impleaded as guarantors in the proceedings but other partners have not been impleaded. The partnership firm is unregistered. At present we are three partners.I wish to know the following : (1) Since firm is unregistered,is legal action valid without impleading partners individually (2) Whether the partner who resigned have any liability (3) Is the Partnership Firm liable only to the extent of the collateral property in question
Answers (1)

Answer #1
787 votes
The Indian Partnership Act, 1932 (the Act) was enacted by the Parliament repealing the relevant sections from the Indian Contract Act, 1872 keeping in mind the conditions and the special nature of business in India [1] . It was thought proper to define and amend the law relating to partnership [2] . Registration of the partnership is a very important area which has been dealt in Chapter VII of the Act, and due to its special nature, that the disabilities resulting from non-registration came in to effect a year after the Act [3] .Chapter VII of the Act deals with ‘Registration of Firms’ of which sections 56 to 65 deals with the procedure for registration. Section 66, relates to inspection of register, section 67 to grant of copies to ‘any person’ and section 68 with ‘rules of evidence’. The purpose of these provisions is to protect the interest of those who deal with partnership firms in various commercial transactions. Third parties who deal with a firm on its name or with a partner or managing partner as representative of the firm must be in a position to know who the partners are and what are their respective shares in the partnership, the details, if any, as to the capital investment by partners, and the details, if any, of the partnership property. That would enable them to have an idea of the competence, status and solvency of the partners of the firm. more details contact me thank you
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