Sec. 10. (1) Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property unless the partner's act binds the partnership under the provisions of section 9(1) of this chapter, or unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority.
(2) Where title to real property is in the name of the partnership, a conveyance executed by a partner, in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of section 9(1) of this chapter.
(3) Where title to real property is in the name of one (1) or more but not all the partners, and the record does not disclose the right of the partnership, the partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partners' act does not bind the partnership under the provisions of section 9(1) of this chapter, unless the purchaser or his assignee, is a holder for value, without knowledge.
(4) Where the title to real property is in the name of one (1) or more or all the partners, or in a third person in trust for the partnership, a conveyance executed by a partner in the partnership name, or in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of section 9(1) of this chapter.
(5) Where the title to real property is in the names of all the partners, a conveyance executed by all the partners passes all their rights in such property.
Formerly: Acts 1949, c.114, s.10. As amended by P.L.34-1987, SEC.293.
Structure Indiana Code
Title 23. Business and Other Associations
Chapter 1. Uniform Partnership Act
23-4-1-3. Interpretation of Knowledge and Notice
23-4-1-4. Rules of Construction
23-4-1-5. Rules for Cases Not Provided for in Chapter
23-4-1-7. Rules for Determining Existence of Partnership
23-4-1-8. Partnership Property
23-4-1-10. Conveyance of Real Property of Partnership
23-4-1-11. Partnership Bound by Admission of Partner
23-4-1-12. Partnership Charged With Knowledge of or Notice to Partner
23-4-1-13. Partnership Bound by Partner's Wrongful Act
23-4-1-14. Partnership Bound by Partner's Breach of Trust
23-4-1-15. Nature of Partner Liability; Partnerships; Limited Liability Partnerships
23-4-1-16. Partner by Estoppel
23-4-1-17. Liability of Incoming Partner
23-4-1-18. Rules Determining Rights and Duties of Partners
23-4-1-20. Duty of Partners to Render Information
23-4-1-21. Partner Accountable as Fiduciary
23-4-1-23. Continuation of Partnership Beyond Fixed Term
23-4-1-24. Extent of Property Rights of Partner
23-4-1-25. Nature of Partner's Right in Specific Partnership Property
23-4-1-26. Nature of Partner's Interest in Partnership
23-4-1-27. Assignment of Partner's Interest
23-4-1-28. Partner's Interest Subject to Charging Order
23-4-1-29. Dissolution Defined
23-4-1-30. Partnership Not Terminated by Dissolution
23-4-1-31. Causes of Dissolution
23-4-1-32. Dissolution by Decree of Court
23-4-1-33. General Effect of Dissolution on Authority of Partner
23-4-1-34. Right of Partner to Contribution From Copartners After Dissolution
23-4-1-35. Power of Partner to Bind Partnership to Third Person After Dissolution
23-4-1-36. Effect of Dissolution on Partner's Existing Liability
23-4-1-38. Rights of Partners to Application of Partnership Property
23-4-1-39. Rights Where Partnership Is Dissolved for Fraud or Misrepresentation
23-4-1-40. Rules for Distribution
23-4-1-41. Liability of Persons Continuing Business in Certain Cases
23-4-1-42. Rights of Retiring or Estate of Deceased Partner When Business Is Continued
23-4-1-44. Limited Liability Partnerships; Legislative Intent and Policy
23-4-1-45. Limited Liability Partnerships; Registration; Notice
23-4-1-45.1. Limited Liability Partnerships; Amendment of Registration
23-4-1-45.2. Limited Liability Partnerships; Withdrawal of Registration; Filing Fee