Q.Mohan and Shyam are partners in a firm. State whether the claim is valid if the partnership agreement is silent in the following matters:
Concept understanding — Partnership Deed Definition
Let’s start with something you already know. Suppose you and two friends decide to start a small business together — say, a tiffin service. You each bring in some money, you decide who will cook, who will deliver, and who will keep accounts. But after a month, one friend says, “I should get extra pay because I do all the cooking.” Another says, “I put in more money, so I should get more profit.” Without a written agreement, you’ll argue endlessly. That’s exactly why a Partnership Deed exists.
Everyday Intuition
A partnership deed is simply the rulebook that partners agree to follow. It’s like the constitution of the partnership. It answers questions like: How much capital did each partner bring? How will profits be shared? Will partners get a salary or interest on their capital? What happens if a partner wants to leave? Without this rulebook, the law (the Indian Partnership Act, 1932) steps in with default rules — but those may not suit your business.
Precise Meaning (as per NCERT Class-12 Accountancy)
A Partnership Deed is a written document that contains the terms and conditions of the partnership. It is signed by all partners and is legally binding. While the law does not compel a written deed (an oral agreement is also valid), a written deed is strongly recommended to avoid disputes.
The deed typically includes:
- Name and address of the firm and partners
- Nature of business
- Capital contribution by each partner
- Profit-sharing ratio
- Interest on capital, drawings, and loans
- Salary or commission to partners
- Admission, retirement, or death of a partner
- Method of valuing goodwill
- Settlement of accounts on dissolution
If no partnership deed exists, the Indian Partnership Act, 1932 applies default rules: profits/losses shared equally, no interest on capital, no salary to partners, interest on drawings at 6% p.a., and interest on partner’s loan at 6% p.a.
Why It Matters in Accounting
The partnership deed is the source document for all accounting entries related to partners. Every adjustment — interest on capital, salary, commission, profit share — is based on what the deed says. If the deed is silent, the Act’s default rules apply.
For example:
- If the deed says “Interest on capital @ 10% p.a.”, you must calculate and record it.
- If the deed says “Partner A gets a salary of ₹5,000 per month”, you must debit the Profit and Loss Appropriation Account.
Accounting Treatment
All items related to partners (interest on capital, salary, commission, profit share) are recorded in the Profit and Loss Appropriation Account (a special account that shows how net profit is distributed among partners). The final amounts are then transferred to the Partners’ Capital Accounts (or Current Accounts, if the firm uses fixed capital method).
Key Rules (NCERT-based):
| Item | Debit | Credit |
|---|---|---|
| Interest on Capital | Profit & Loss Appropriation A/c | Partner’s Capital/Current A/c |
| Partner’s Salary | Profit & Loss Appropriation A/c | Partner’s Capital/Current A/c |
| Partner’s Commission | Profit & Loss Appropriation A/c | Partner’s Capital/Current A/c |
| Interest on Drawings | Partner’s Capital/Current A/c | Profit & Loss Appropriation A/c |
| Share of Profit | Profit & Loss Appropriation A/c | Partner’s Capital/Current A/c |
| Share of Loss | Partner’s Capital/Current A/c | Profit & Loss Appropriation A/c |
In the fixed capital method, partners have two accounts: a fixed Capital Account (unchanged except for additional capital or permanent withdrawal) and a Current Account (for all other transactions like salary, interest, drawings, profit share). In the fluctuating capital method, only one Capital Account is used, and all items are recorded there.
Format of Profit and Loss Appropriation Account (as per NCERT)
This is the proforma you’ll see in your textbook. It shows how net profit is appropriated (distributed) according to the partnership deed.
Profit and Loss Appropriation Account
(for the year ended ………)
| Particulars | Amount (₹) | Particulars | Amount (₹) |
|---|---|---|---|
| To Interest on Capital: | By Net Profit (transferred from P&L A/c) | XXX | |
| Partner A | XXX | By Interest on Drawings: | |
| Partner B | XXX | Partner A | XXX |
| To Partner’s Salary: | Partner B | XXX | |
| Partner A | XXX | ||
| To Partner’s Commission: | |||
| Partner B | XXX | ||
| To Profit transferred to: | |||
| Partner A’s Capital A/c | XXX | ||
| Partner B’s Capital A/c | XXX | ||
| Total | XXX | Total | XXX |
A common mistake: students forget that interest on drawings is credited to the Appropriation Account (it increases the profit available for distribution), while interest on capital and salary are debited (they reduce the profit).
Formula for Interest on Capital
If the deed provides for interest on capital, the formula is:
Interest on Capital = Capital × Rate of Interest × (Period / 12)
For example, if Partner A brings ₹1,00,000 as capital on 1st April, and the deed says interest on capital @ 10% p.a., the interest for the year ending 31st March is:
₹1,00,000 × 10/100 × 12/12 = ₹10,000
If capital is introduced during the year (say on 1st October), the period is 6 months:
₹1,00,000 × 10/100 × 6/12 = ₹5,000
Final Takeaway
The partnership deed is not just a legal formality — it is the blueprint for every accounting entry you will make in a partnership firm. Without it, you cannot decide how much interest to pay, who gets salary, or how to share profits. In exams, always read the question carefully: if a deed exists, follow its terms; if not, apply the default rules of the Indian Partnership Act, 1932.
With the deed silent, every claim is tested purely against the Indian Partnership Act, 1932's default rules — not against what seems fair.
| Claim | Valid? |
|---|---|
| (i) Mohan wants a ₹10,000 salary | No — no partner earns salary unless the deed provides for it |
| (ii) Shyam claims 10% loan interest | No — he's entitled to interest, but only at the Act's fixed 6% p.a. |
| (iii) Mohan wants an equal share despite lower capital | Yes — the Act presumes equal sharing regardless of capital contributed |
| (iv) Shyam wants 6% interest on capital | No — interest on capital is never a right; it needs the deed's express agreement |
Only claim (iii) is valid. (i), (ii) and (iv) all fail — though Shyam's loan does earn interest, just at 6% p.a. rather than the 10% he's claiming.
When the deed is silent, the Indian Partnership Act, 1932 decides everything: no salary, no interest on capital, equal profit sharing regardless of capital, and a fixed 6% p.a. on a partner's loan. Only claim (iii) — Mohan's equal share — is valid as stated.
Concept
The Act's default rules apply automatically whenever the partnership deed doesn't address a matter: profits/losses are shared equally (never in proportion to capital); no partner earns a salary or remuneration for firm work; no interest is allowed on capital; but a partner's loan to the firm (distinct from capital) always earns interest, fixed at 6% p.a.
Solution
- Mohan wants a ₹10,000 salary — Not valid. No partner is entitled to salary or remuneration for taking part in the business unless the deed expressly provides for it, even for an active, full-time partner.
- Shyam claims 10% interest on his loan — Not valid as claimed. A partner's loan does earn interest under the Act, but at a fixed 6% p.a. — not whatever rate the partner asks for.
- Mohan wants an equal profit share despite contributing less capital (₹20,000 vs Shyam's ₹50,000) — Valid. The Act presumes equal sharing of profits and losses when the deed is silent, entirely independent of how much capital each partner contributed.
- Shyam wants 6% interest on capital — Not valid. Interest on capital is never automatic; it is payable only if the deed expressly agrees to it — the fact that 6% happens to be the Act's loan-interest rate is irrelevant here, since this claim is about capital, not a loan.
✓Final answer
Only (iii) is valid. (i) and (iv) fail outright; (ii) is valid only in substance — Shyam does earn loan interest, but at 6% p.a., not 10%.
Showing the 12 most recent of 94 on this concept.
- CBSE 2026Set 67/3/11 markMCQQ.(a) Persons who have entered into partnership with one another are collectively called : (A) Firm (B) Partnership (C) Partners (D) Partners' firm(OR)(b) In the absence of partnership deed, partners are entitled to : (A) Interest on Capital (B) Share of profits/losses in the ratio of their capitals (C) Interest @ 6% p.a. on loans/advances by them to the firm (D) Remuneration for the firm's work
›Reveal solutionSolution
Part (a): (A) Firm — the collective name for the partners. Part (b): (C) Interest @ 6% p.a. on loans/advances — the only entitlement of the listed options when there is no deed.
Part (a)
Section 4 of the Indian Partnership Act, 1932 defines the terms precisely:
- Partnership — the relation between persons who agree to share the profits of a business.
- Partners — the persons who have entered into partnership, individually.
- Firm — those persons collectively.
- Firm name — the name under which the business is carried on.
The question asks for the collective name of the persons → Firm.
Watch outDo not confuse "Firm" (the collective entity) with "Partnership" (the relationship). "Partners' firm" is not a term used in the Act.
✓Final answerPart (a): (A) Firm.
Part (b)
When there is no partnership deed (or it is silent), Section 13 of the Act supplies default rules:
Option Provision (Sec. 13) Allowed? (A) Interest on Capital 13(c) No (B) Profits/losses in capital ratio 13(b) No — shared equally (C) Interest @ 6% p.a. on loans/advances 13(d) Yes (D) Remuneration for firm's work 13(e) No A loan/advance by a partner (over and above capital) carries interest @ 6% p.a. even without a deed, because the partner is treated as a creditor for that amount.
✓Final answerPart (b): (C) Interest @ 6% p.a. on loans/advances by them to the firm (Section 13(d)).
- CBSE 2026Set 67/5/11 markMCQQ.Alok, Sarah and Aditya were partners in a firm sharing profits and losses in the ratio of 5 : 3 : 2. On 1st January, 2025 Alok advanced a loan of ₹ 2,00,000 to the firm. In the absence of a partnership agreement, the amount of interest on loan due to Alok on 31st March, 2025 will be : (A) ₹ 20,000 (B) ₹ 12,000 (C) ₹ 3,000 (D) ₹ 5,000
›Reveal solutionSolution
In the absence of a partnership deed, interest on a partner's loan is payable at 6% p.a. under Section 13(d) of the Indian Partnership Act, 1932. For a loan of Rs 2,00,000 advanced on 1st January 2025, interest for 3 months (Jan-Mar 2025) is Rs 3,000. The correct option is (C) Rs 3,000.
Concept and Accounting Treatment
The Indian Partnership Act, 1932, provides default rules when partners have not signed a partnership deed (or the deed is silent on a matter). For interest on a partner's loan to the firm, Section 13(d) of the Act states that the loan shall carry interest at 6% per annum. This is a charge against profits — the firm must pay it even if it makes a loss. It is an expense of the firm, not an appropriation of profit.
The journal entry to record this interest is:
- Debit Interest on Partner's Loan A/c (expense)
- Credit Alok's Loan A/c (liability)
The rate is fixed by law at 6% p.a. when no deed exists, and interest runs from the date the loan was advanced to the balance-sheet date (or repayment date, whichever is earlier).
Solution
Working Note 1: Time Period
- Loan advanced: 1st January, 2025
- Interest due up to: 31st March, 2025
- Number of months: January, February, March = 3 months
Working Note 2: Interest Amount
- Principal: Rs 2,00,000; Rate: 6% p.a.; Time: 3/12 year
- Interest = 2,00,000 x 6/100 x 3/12 = Rs 3,000
Watch outA common mistake is to calculate interest for a full year (Rs 12,000) or to use a higher rate. In the absence of a deed the rate is the statutory 6% p.a., and here the period is only 3 months.
Journal Entry (for recording interest due)
Date Particulars L.F. Debit (Rs) Credit (Rs) 2025 Mar 31 Interest on Alok's Loan A/c Dr. 3,000 To Alok's Loan A/c 3,000 (Interest due on Alok's loan @ 6% p.a. for 3 months) ✓Final answerThe amount of interest on loan due to Alok on 31st March, 2025 is Rs 3,000. Hence, option (C) is correct.
- CBSE 2026Set MARCH1 markMCQQ.In order to form a partnership, there should be atleast :(a) a) One person(b) b) Two people(c) c) Seven people(d) d) Fifty people
›Reveal solutionSolution
A partnership requires a minimum of two persons, so the answer is (b) Two people.
Under the Indian Partnership Act, 1932, partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. The word "persons" is plural, which means at least two are needed to enter into a partnership agreement.
✓Final answerCorrect option: (b) Two people.
One person alone forms a sole proprietorship, not a partnership. Hence the minimum number required to form a partnership is two.
- CBSE 2026Set MARCH1 markQ.Partnership comes into existence as a result of __________ among the partners.
›Reveal solutionSolution
Partnership comes into existence as a result of an agreement among the partners.
Under the Indian Partnership Act, 1932, partnership is the relation between persons who have agreed to share the profits of a business. It arises from a contract (agreement), not merely from status or birth. This agreement may be oral or written; when written, it is called the partnership deed.
✓Final answerPartnership comes into existence as a result of AGREEMENT among the partners.
This is why partnership is said to arise from contract and not from status.
- CBSE 2026Set ANNUAL1 markMCQQ.Preparation of partnership agreement in written form is(a) Compulsory(b) Voluntary(c) Partly compulsory(d) None of these
›Reveal solutionSolution
Writing the partnership agreement is voluntary - option (b).
A partnership arises from an agreement, which may be oral or in writing. The law does not compel the agreement to be in writing, so preparing a written partnership deed is voluntary. However, a written deed is strongly recommended because it serves as documentary evidence and helps avoid misunderstandings and disputes among partners.
✓Final answer(b) Voluntary.
- CBSE 2026Set ANNUAL1 markQ.Fill in the blank: All the partners are collectively called as ________.
›Reveal solutionSolution
Answer: A firm.
Under the Indian Partnership Act, 1932, the persons who have entered into partnership with one another are individually called partners and collectively called a firm. The name under which the business is carried on is the firm name.
✓Final answerA firm.
- CBSE 2026Set ANNUAL1 markQ.State whether True or False: To prepare partnership deed is compulsory.
›Reveal solutionSolution
The statement is False.
The law does not make a written partnership deed compulsory; a partnership can be formed even by an oral or implied agreement. A written deed is only strongly recommended to avoid disputes. Hence the statement is false.
✓Final answerFalse.
- CBSE 2026Set ANNUAL1 markQ.Answer in one word/sentence: The provisions of which Act applies in the absence of partnership deed?
›Reveal solutionSolution
Answer: Indian Partnership Act, 1932.
When there is no partnership deed, or it is silent on a point, the provisions of the Indian Partnership Act, 1932 apply - e.g. equal profit sharing, no interest on capital, 6% interest on a partner's loan.
✓Final answerThe Indian Partnership Act, 1932.
- CBSE 2026Set ANNUAL1 markMCQQ.Direction: In the next two parts of Question No. 1, there are two statements labelled as Assertion (A) and Reason (R). From the following options, select the correct answer. Assertion (A): A partnership firm does not pay interest on capital to the partners. Reason (R): The payment of interest on capital to the partners depends on mutual agreement between them.(a) Both A and R are correct and R is the correct explanation of A.(b) Both A and R are correct but R is not the correct explanation of A.(c) A is correct but R is incorrect.(d) Both A and R are incorrect.(a) Both A and R are correct and R is the correct explanation of A.(b) Both A and R are correct but R is not the correct explanation of A.(c) A is correct but R is incorrect.(d) Both A and R are incorrect.
›Reveal solutionSolution
Both A and R are correct, and R correctly explains A.
This is an Assertion-Reason item; each statement must be checked independently first, then whether R explains A.
Checking Assertion (A): "A partnership firm does not pay interest on capital to the partners." Under the Indian Partnership Act, 1932, in the ABSENCE of a specific provision in the partnership deed, a partner is NOT entitled to interest on the capital he has contributed. So, as a general/default position, A is TRUE.
Checking Reason (R): "The payment of interest on capital to the partners depends on mutual agreement between them." This is also TRUE — interest on capital is purely a matter of agreement among partners; it is paid ONLY if the partnership deed specifically provides for it (and only out of profits, as an appropriation, never as a charge against profit that can create/increase a loss, as per the Act).
Does R explain A? Yes — A is true PRECISELY BECAUSE of what R states: since interest on capital is not an automatic statutory entitlement but depends on what the partners mutually agree in the deed, the default legal position (in the absence of such an agreement) is that no interest on capital is payable. R is thus the correct explanation of A.
✓Final answerThe correct option is "Both A and R are correct and R is the correct explanation of A."
- CBSE 2026Set ANNUAL1 markMCQQ.A partnership firm has 45 partners. Only _____ more partners can be admitted in the partnership firm according to the Companies Act, 2013.(a) 1(b) 6(c) 5(d) 3
›Reveal solutionSolution
Under the Companies Act, 2013 a partnership firm's membership is capped at 50; with 45 existing partners, only 5 more can join.
In MBOSE Class-12 Commerce (Accountancy) syllabus, the chapter-opening unit on Partnership recalls a key legal constraint carried over from company law: Section 464 of the Companies Act, 2013 empowers the Central Government to prescribe a maximum number of persons who can form an association/partnership for carrying on a business for profit. Exercising that power, Rule 10 of the Companies (Miscellaneous) Rules, 2014 fixes this ceiling at 50 persons for any partnership (other than one formed by professionals governed by a special Act, such as Chartered Accountants or Advocates, which has no such numeric cap).
Working:
- Maximum partners allowed = 50
- Partners already in the firm = 45
- Additional partners that can be admitted = 50 − 45 = 5
If a firm tries to admit more than this, the "partnership" automatically ceases to enjoy the protection of being treated as a partnership under the Act and must be converted/registered differently (e.g., as a company).
✓Final answerOption (c) "5" — only 5 more partners can be admitted since the Companies Act, 2013 (via Rule 10 of the Companies (Miscellaneous) Rules, 2014) limits a partnership firm to a maximum of 50 partners.
- CBSE 2026Set ANNUAL1 markMCQQ._____ is the basis of relationship between the partners to run the partnership business.(a) Offer(b) Agreement(c) Understanding(d) Acceptance
›Reveal solutionSolution
Partnership is purely contractual — it is "Agreement," not status or custom, that creates the relationship between partners.
Under Section 4 of the Indian Partnership Act, 1932, partnership is defined as "the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all." This definition makes clear that:
- Partnership arises only from a contract (agreement), whether oral, written, or implied by conduct — never automatically from birth, inheritance, or status (unlike, say, a Hindu Undivided Family, where membership is by birth).
- This agreement, when reduced to writing, is called the Partnership Deed, which lays down the mutual rights, duties, profit-sharing ratio, interest on capital/drawings, and other terms governing the partners.
- An "Offer" and its "Acceptance" are only the building blocks of how any agreement/contract (including a partnership agreement) is formed under the Indian Contract Act — they are not, by themselves, the basis of the partner relationship. "Understanding" is too informal/non-binding to create a legally enforceable partnership.
In the MBOSE Class-12 Commerce Accountancy syllabus on Partnership Basic Concepts, this is the very first foundational idea a student learns before moving to profit-sharing, interest on capital, and the Profit & Loss Appropriation Account.
✓Final answerOption (b) "Agreement" — a partnership is founded purely on the agreement (partnership deed) between the partners, as per Section 4 of the Indian Partnership Act, 1932.
- CBSE 2026Set ANNUAL1 markMCQQ.What is the maximum number of partners in a partnership firm as per Companies Act, 2013 ?(a) Two(b) Seven(c) Ten(d) Fifty
›Reveal solutionSolution
The maximum number of partners permitted in a partnership firm under the Companies Act, 2013 is 50.
Section 464 of the Companies Act, 2013 gives the Central Government the power to prescribe the maximum number of persons who may form an association or partnership, and the rules framed under it — the Companies (Miscellaneous) Rules, 2014 — fix this limit at 50 persons. This replaced the earlier limit under the Companies Act, 1956 (10 for banking business, 20 for any other business).
If a partnership (or any association/partnership for carrying on business for profit) is formed with more than 50 persons and is not registered as a company or formed under some other law, it becomes an illegal association, and its members become personally liable for all its obligations without the protection the Partnership Act would otherwise have given them.
This rule matters for the GBSHSE Class-12 Accountancy syllabus (and broadly the NCERT/CBSE-aligned commerce curriculum) because it marks the legal boundary between a partnership firm and a company — once the maximum partner limit is crossed, the business can only legally continue as a company.
✓Final answerFifty (50) is the maximum number of partners permitted in a partnership firm as per the Companies Act, 2013.
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