Can a single partner sell property of the firm?

Tilak Marg Forum for Legal Questions Forums Business Law Can a single partner sell property of the firm?

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    • #102
      Anonymous
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      We have a partnership firm with 4 partners. The firm has several properties. Can a single partner sell a property belonging to the firm on behalf of the firm? Can he do so without permission from other partners?

    • #134

      A single partner cannot sell the property of the partnership firm without the consent of other partners. However, the partners can authorize a single partner to sell the property on behalf of the firm and for this purpose they can pass a resolution. Moreover, under the terms of the partnership deed (or contract) also, a single partner may be authorized to sell the firm property. However, without such specific authority, a single partner cannot sell the firm property without the consent of other partners.

      It is noteworthy that in Section 19(2)(g) of the Partnership Act, 1932, it is laid down that in the absence of any usage or custom of trade to the contrary, the implied authority of a partner does not empower him to transfer immovable property belonging to the firm.
           


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