Skip to content
Test Your Understanding · Q1

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:

(i) Mohan is an active partner. He wants a salary of ₹10,000 per year;
(ii) Shyam had advanced a loan to the firm. He claims interest @ 10% per annum;
(iii) Mohan has contributed ₹20,000 and Shyam ₹50,000 as capital. Mohan wants equal share in profits.
(iv) Shyam wants interest on capital to be credited @ 6% per annum.
Punjab PsebTextbookSubjectiveImportance★★★★★
1% · 1/84 Questions
✓ Free question

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

  1. 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.
  2. 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.
  3. 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.
  4. 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%.

Unlock everything free for 14 days

  • Full step-by-step solutions
  • Concept-first explanations
  • Methods, shortcuts & mistakes
  • PYQ mapping + timed mock tests

Full access for 14 days. No credit card required.