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Section43 DISSOLUTION BY NOTICE OF PARTNERSHIP AT WILL. (1) Where the partnership is at will, the firm may be dissolved by any partner giving notice in writing to all the other partners of his intention to dissolve the firm.

A plain reading of Section 42 (c) of the Indian Partnership Act, 1932[1] implies that subject to the contract to the contrary, a firm is dissolved by the death of a partner. In case of only 2 partners in the firm, death of a partner results in dissolution even if there is a contract to the contrary.

Section 43: Dissolution by Notice of Partnership at Will (1) Where the Partnership is at Will, the firm may be dissolved by any partner giving notice in writing to all the other partners of his intention to dissolve the firm.

A) Unsoundness of mind ? Such a suit may be filed by any of the partners either on behalf of the partner who has become of unsound mind, or by any other partner. This dissolution under this ground is to protect the interest of the partner becoming unsound, of the other partners as well as of the public.

To determine whether a partnership exists courts look at: (1) intention of the parties, (2) sharing of profits and losses (3) joint administration and control of business operation, (4) capital investment by each partner, and (5) common ownership of property.

Liability for Acts done by Partners after the Dissolution of Firm (Section 45) ing to this section, the partners of a firm are liable to a third party for any act done by any of them unless they give a public notice of the dissolution. This notice can be given by any partner.

It says that if full or part of the amount of outgoing partner still remains unpaid then he will be entitled to get interest on share in profits as agreed among partners and if nothing is agreed then he will be entitled to get interest @ 6% p.a., unless otherwise stated.

It gives you and your business partners a clear understanding of the rules and arrangements applying to your business relationship. Unless there is an agreement in place, all partners are equal, and must share the business' profits and cover losses, equally.