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Question
Distinguish between.
Partnership Firm and Joint Hindi Family.
Solution
Points | Partnership Firm | Joint Hindu Family |
1. Meaning | A partnership firm is controlled by two or more persons called ‘Partners’. | In Joint Hindu Family 'Firm, the Joint Hindu Family conducts business according to Hindu Laws. |
2. Number of members | A minimum of two members are needed for starting a business. The maximum number is fifty. | Membership of the firm depends upon the birth and death in the family. There Is no limit on membership. A person adopted into the family also becomes a member. |
3. Registration | Registration is not compulsory in India, but it is compulsory in Maharashtra. | Registration is not compulsory. |
4. Liability | The liability of partners is unlimited, joint, and several. | Karta has unlimited liability and Co-parceners have limited liability. |
5. Capital | Comparatively more, as it is contributed by all partners. | The whole capital comes from ancestral property. |
6. Secrecy | Secrets share by all partners. | Secrecy can be maintained within the family. |
7. Management | All partners take part in the management of the firm according to their skills. | Karta looks after the management of the business. All Co-parceners follow his decision. |
8. Stability | The stability of business is affected by death, lunacy, or insolvency of a partner. | Comparatively, more stable as a business is not affected by the death of Karta or Co-parceners. |
9. Act/Law | Partnerships are governed by the Indian Partnership Act, 1932. | Joint Hindu Family firm follows the Hindu Succession Act, 1956. |
10. Formation | A partnership firm is formed by an agreement between two or more persons. | Joint Hindu Family Firm comes into existence by the operation of Hindu Laws. |
11. Sharing of profit | The profits and losses are shared by partners as per the ratio given in the agreement. | The profits and losses are shared between Karta and Coparceners. |
12. Inspection of books of accounts | partner has a right to inspect books of accounts of the firm. | A Co-parcener has no right to inspect books of accounts of the firm. |
13. Implied authority | Every partner has implied authority to act on behalf of the other partners. | Karta has implied authority to act on behalf of the firm. |
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