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The partnership deed of a firm says nothing about dissolution. Whose consent is needed to dissolve the firm by agreement under section 40 of the Indian Partnership Act, 1932?

Question and options

The partnership deed of a firm says nothing about dissolution. Whose consent is needed to dissolve the firm by agreement under section 40 of the Indian Partnership Act, 1932?

  1. Consent of a majority of the partners

  2. Consent of partners with most of the capital

  3. Consent of all the partners together

  4. Consent of the managing partner and one other

Answer and explanation

Correct answer: C - Consent of all the partners together

Section 40 of the Indian Partnership Act, 1932 allows a firm to be dissolved with the consent of all the partners or in accordance with a contract between them; since the deed is silent, unanimous consent is needed. A majority, whether by number or by capital, can decide only ordinary matters connected with the business under section 12(c), not dissolution.

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