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Exercises · Q8

Q.Where the partnership deed is silent on the rate of interest payable to a deceased partner's executor on the amount remaining unpaid, the Indian Partnership Act, 1932 entitles the executor to interest at:

(a) 5% p.a.
(b) 6% p.a.
(c) 9% p.a.
(d) 12% p.a.
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Why option (b) is correct. Section 37 of the Indian Partnership Act, 1932 provides that where a partner has died (or retired) and the amount due to them remains unpaid, and the partnership deed does not fix a specific rate of interest, the outgoing partner — or, on death, their executor — is entitled to choose between: (i) interest @6% per annum on the amount remaining unpaid from the date of death until payment, or (ii) a share of the firm's subsequent profits attributable to the use of that unpaid amount, whichever the executor finds more beneficial.

Why the other options are wrong.

  • (a) 5% p.a. — this is not the rate fixed anywhere in the Indian Partnership Act, 1932 for this specific situation; it is sometimes confused with other, unrelated statutory or commercial interest rates.
  • (c) 9% p.a. and (d) 12% p.a. — these might appear as the AGREED rate in a specific partnership deed or in an examination question that states a deed provision, but neither is the STATUTORY default rate that applies only when the deed is silent, which is what this question asks about.
✓Final answer

(b) 6% p.a.

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