Agreement Admitting a
Minor to the Benefit of Partnership
This Agreement is
made at this ......... day of ......... between Mr. A of the First Part, Mr. B
of the Second Part and Mr. C of the Third Part and Shrimati X for self and as
the natural guardian of her minor son Y of the Fourth Part.
Whereas the parties
hereto of the First Second and Third Parts have been carrying on business in
partnership alongwith Mr. D In terms of deed of partnership dated .........
entered into by the said partners.
And Whereas the said
D died on the day of ......... leaving his widow X and a minor son named Y as
his heirs.
And Whereas the said
X made a claim for the share of the said D In the assets of the said
partnership including goodwill and undistributed profits .
And Whereas the said
claim has been settled between the parties hereto of the first, second and
third parts and the said X and It Is agreed that the said X for self and as the
natural guardian of the said minor Y shall be paid a sum of Rupees ..........
in full payment of the share of the said deceased partner D In the capital
assets including goodwill of the said partnership and that the said Y shall be
admitted to the benefits of the partnerships by paying a share of 5% In the net
profits of the firm.
And Whereas the said
amount of ......... has been paid to the said X before the execution of these
presents partly in cash and partly in securities In the nature of units of the
Unit Trust and purchased in the name of the said X and the said minor Y jointly
in order to safeguard the interest of the said Y and the said X hereby
acknowledges receipt of the said amount in full and declares that she for self
and as the natural guardian of the said Y. has no claim against said firm on
account of the share of the said deceased partner D.
And Whereas the
parties hereto of the first, second and third parts further agree that they
hereby admit minor Y to the benefits of the said partnership by paying him a
share of 5% in the net profits of the said partnership. He will not be liable
to pay any part of the losses of the said firm.
And Whereas the
parties of the first, second and third parts agree and declare that they will
pay the amount of the said share of the minor Y in the net profits of the firm
within three months from the end of the accounting year.
And Whereas it is
further agreed and declared that in view of the share given to the said Y in
the profits of the firm the shares of the partners of the first. second and
third parts in the profits of the firm will be readjusted and shall be as
follows-
Mr. A's share will be
......... 35%
Mr. B's share will be
......... 35%
Mr. C's share will be
......... 25%
However the losses of
the partnership will be borne by the parties of the first, second and third
parts equally.
And Whereas it is
further agreed and declared that on the said minor attaining the age of 18
years. he will be admitted as a partner In the said firm if the partnership
continues till then, on such terms as may be agreed between all the then
partners and the said D but not otherwise.
And Whereas subject
as aforesaid the parties of the first, second and third parts will continue to
carry on the business in partnership in terms of the said deed of partnership
above recited.
And Whereas amendment
made by this deed in the constitution and terms of the partnership will be
registered as required by the Partnership Act, and the Income Tax Act within
the prescribed terms.
IN WITNESS WHEREOF
the partners have put their hands the day and year first hereinabove written
Signed by the
withinnamed Mr. A in the presence of
Signed by the
withinnamed Mr. B in the presence of
Signed by the
withinnamed Mr. C in the presence of
Signed by the
withinnamed Mr. X
for self and as
natural guardian of Y a minor in the presence of