Supreme Court of India · 1970-02-12
KHUSHAL KHEMGAR SHAH & ORS. vs KHORSHED BANU DADIBA BOATWALLA AND ANR.
- Citation / case number
- SC 1966/60260
- Court
- Supreme Court of India
- Petitioner
- KHUSHAL KHEMGAR SHAH & ORS.
- Respondent
- KHORSHED BANU DADIBA BOATWALLA AND ANR.
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that the legal representatives of a deceased partner are entitled to a share in the goodwill of a firm continuing after the partner's death, unless there is an express stipulation to the contrary in the partnership deed. The Court interpreted Sections 14, 39, 42, 46, and 55 of the Partnership Act, 1932, concluding that goodwill is an asset of the firm and should be included in the account of the partnership. The appeal was dismissed, affirming the right of the deceased partner's representatives to claim goodwill as part of the partnership assets.