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Supreme Court of India· 09 September 2026

Does a partner's interest in partnership property amount to his proportionate share of the assets once they are realised and converted into money?

V. SUMITRA REDDY & ANR v. K. RANGANADHA REDDY & ORS
2026 INSC 979 · CIVIL APPEAL NO. 8167 OF 2017
Coram: Justice Ujjal Bhuyan · Justice Vipul M. Pancholi
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Answer

A partner's interest in partnership property amounts to his proportionate share of the assets once they are realised and converted into money.

Yes. A partner's interest in partnership property amounts to his proportionate share of the assets once they are realised and converted into money, and not to any specific item of property — the partnership property belongs to all the partners in proportion to their shares, and a partner contributing property to the firm ceases to hold it as his own once it becomes a partnership asset.

Headnote

Indian Partnership Act, 1932 — ss.7, 43, 46, 47, 48 — Dissolution of partnership at will — Valuation of partner's share in immovable assets — Indian Partnership Act, 1932 — s.48 — Right of partner on dissolution — Held: On dissolution of a partnership firm, every partner has a two-fold right — to have accounts settled as on the date of dissolution, and to share the residue of the assets after they are liquidated and the liabilities under Section 48 are satisfied. (¶57) Indian Partnership Act, 1932 — Dissolution — Cut-off date limited to profit ascertainment — Held further: The cut-off date fixed in a preliminary decree for rendition of accounts is significant only for ascertaining profits and losses up to that date, and has no bearing on the value of the residue of assets a partner is entitled to receive. (¶57) Indian Partnership Act, 1932 — Valuation on dissolution — Real, not notional, basis — Held further: An outgoing partner's share in the immovable assets of a dissolved partnership must be valued as on the date of actual assessment, since no partner may retain the benefit of appreciation in its value. (¶60) Indian Partnership Act, 1932 — Dissolution — Disposition — Held further: Retaining dissolved-partnership property in a reconstituted firm without paying the outgoing partner's share is impermissible, and freezing its value at the historical date of dissolution would be unfair and impractical; the civil appeal is dismissed. (¶¶60-61)

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In the Court's own words
Paragraph 39A partnership firm is not a legal entity, like a company. It continues to exist as a group of individual partners. The firm name is only a compendious name given to the partnership and the partners are the real owners of the assets. In other words, the partnership property belongs to all the partners constituting the partnership firm. If a partner contributes property to the partnership, it does not remain the property of the partner but becomes the property of all the partners constituting the partnership. All the partners would have interest in that property as part of the assets of the partnership in proportion to their shares.
Acts & Sections
Section 7 of the Indian Partnership Act, 1932Section 43 of the Indian Partnership Act, 1932Section 44 of the Indian Partnership Act, 1932Section 46 of the Indian Partnership Act, 1932Section 47 of the Indian Partnership Act, 1932Section 48 of the Indian Partnership Act, 1932Section 17(1) of the Registration Act, 1908Order XL Rule 1 of the Code of Civil Procedure, 1908

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Also decided in this judgment
Must the immovable assets of a dissolved partnership be valued as on the date of actual assessment, not frozen at the date of dissolution?Is a partner's right on dissolution of a firm two-fold: to settle accounts and to share the liquidated residue under Section 48 of the Indian Partnership Act, 1932?Is a partnership 'at will' where the partners have fixed by contract its duration or the mode of its determination?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections