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Exercises · Q2

Q.State the provisions of the Indian Partnership Act, 1932 that apply in the absence of a partnership deed.

Tamil Nadu DgeTextbookSubjectiveImportance★★★★★
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✓ Free question

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:

#ProvisionStatutory basis
1Profits and losses are shared equally by all partners, irrespective of the capital contributed or work done by eachSection 13(b)
2No interest is allowed on the capital contributed by partnersSection 13(c)
3No interest is charged on the drawings made by partnersNot specifically stated — silence is read as nil
4Interest 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 yearSection 13(d)
5No salary, commission, or other remuneration is payable to any partner for taking part in the conduct of the firm's businessSection 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.

✓Final answer

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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