Partnership and Joint Ventures - Rendition of accounts - Legal representatives of a deceased partner are entitled to sue for rendition of accounts from the existing partners

Citation 

(2024) 4 MLJ 74 

LNIND 2024 MAD 2682

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Hon'ble Mr. Justice C. Kumarappan S.A.No. 85 of 2012 and MP.No. 1 of 2012

18th April, 2024 

M.S. Sivasankar and Others. ...Appellants

Versus

Dr. N. Kavitha and Others.  ... Respondents

(A) Partnership and Joint Ventures - Rendition of accounts - Legal representa- tives of a deceased partner are entitled to sue for rendition of accounts from the existing partners - Indian Partnership Act, 1932, Section 37 - Indian Trust Act, 1882, Section 88, Illustration (f) - After the death of Muthusami Gounder, the remaining partners of the firm Mani Transport ought to have settled accounts with his legal representatives - It is not open to surviving partners to withhold the assets of the deceased partners, to their advantage - No error in the decree of the first appellate court granting the relief of rendition of accounts [Paras 21-24] Appeal dismissed.

(B) Succession Laws - Ademption of legacies - For a legacy to be adeemed, the _bequest must have ceased to belong to the testator at the time of his demise or must have been converted into property of a different kind - Indian Succession Act, 1925, Section 152 - The testator had bequeathed 3 buses with separate permit numbers as stock in trade of the proprietorship firm to defendants 1 & - By executing a partnership deed, the buses and permits have not been 2 specifically dealt with nor have they been converted into property of a different kind, hence, there is no question of ademption of legacies [Para 17].