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Questions
Distinguish between:
Partnership Firm and Joint Hindi Family.
Distinguish between a Partnership and a Joint Hindu Family business.
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Solution
| Points | Partnership Firm | Joint Hindu Family | |
| 1. | Meaning | A partnership firm is controlled by two or more persons called ‘Partners’. | In a Joint Hindu Family Firm, the Joint Hindu Family conducts business according to Hindu Laws. |
| 2. | Number of members | A minimum of two members is needed to start 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 shared 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 business management. All Co-parceners follow his decision. |
| 8. | Stability | The stability of a business is affected by the death, lunacy, or insolvency of a partner. | Comparatively, more stable as a business and 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. | A joint Hindu Family Firm comes into existence through the operation of Hindu laws. |
| 11. | Sharing of profit | Partners share the profits and losses as per the ratio given in the agreement. | The profits and losses are shared between Karta and Coparceners. |
| 12. | Inspection of books of accounts | The partner has the right to inspect the firm's books of accounts. | A co-parcener has no right to inspect the firm's books of accounts. |
| 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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