Question

Under the UPA, a partner in a tenancy in partnership has all the following rights except:

a. an equal right to possess and use specific partnership property for partnership purposes, but not for that partner's personal use.
b. rights in partnership property that are not subject to attachment for personal debts.
c. in the case of a partner's death, the right to have the deceased partner's interest in real property held by the partnership pass to the surviving partners.
d. the right to be a co-owner of partnership property with no interest in partnership property which can be transferred, either voluntarily or involuntarily.

Answer 1

Under the UPA, the right that does not belong to a partner is the automatic passing of a deceased partner's interest in real property held by the partnership to the surviving partners. This interest is rather passed on to the deceased partner's estate or beneficiaries.

Step-by-step explanation:

Under the Uniform Partnership Act (UPA), a partner in a tenancy in partnership has various rights concerning the partnership property. One of these rights, which is incorrectly stated in the question, is c. in the case of a partner's death, the right to have the deceased partner's interest in real property held by the partnership pass to the surviving partners.

This is not correct because upon the death of a partner, their interest in the partnership does not automatically pass to the other partners. Instead, the deceased partner's estate or designated beneficiaries according to their will would inherit their interest in the partnership.

Partners do have the right to equally possess and use partnership property for partnership purposes as per a. Also, as per b, partners' rights in the partnership property are typically shielded from attachment for personal debts, reflecting the principle that the partnership is a distinct entity separate from the individual partners.

Regarding point d, a partner’s interest in the partnership can indeed be transferred, but this would typically only transfer the economic aspects, such as the share in profits and losses, and not the full rights and powers of a partner without the consent of the remaining partners.