Q.State the provisions of the Indian Partnership Act, 1932 that apply in the absence of a partnership deed.
When there is no partnership deed, or the deed is silent on a particular matter, the Indian Partnership Act, 1932 lays down the following default rules, all in force simultaneously wherever they are relevant:
| # | Provision | Statutory basis |
|---|---|---|
| 1 | Profits and losses are shared equally by all partners, irrespective of the capital contributed or work done by each | Section 13(b) |
| 2 | No interest is allowed on the capital contributed by partners | Section 13(c) |
| 3 | No interest is charged on the drawings made by partners | Not specifically stated — silence is read as nil |
| 4 | Interest on a partner's loan to the firm (over and above capital) is allowed at 6% per annum, and is payable even if the firm has incurred a loss during the year | Section 13(d) |
| 5 | No salary, commission, or other remuneration is payable to any partner for taking part in the conduct of the firm's business | Section 13(a) |
Two distinctions are worth stressing: capital earns no interest by default, but a loan to the firm earns a guaranteed 6% regardless of profit or loss, because a loan is a debt of the firm while capital is a risk-bearing owner's stake; and all five rules apply only in the absence of an agreement on that specific point — the moment a deed addresses a matter, however briefly, the deed's own term overrides the statute.
In the absence of a partnership deed: (1) profits and losses are shared equally; (2) no interest is allowed on capital; (3) no interest is charged on drawings; (4) interest on a partner's loan is allowed @6% p.a., payable even in a year of loss; (5) no partner is entitled to salary, commission, or other remuneration.
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