Q.Raju and Jai commenced business in partnership on April 1, 2019. No partnership agreement was made whether oral or written. They contributed ₹4,00,000 and ₹1,00,000 respectively as capitals. In addition, Raju advanced ₹2,00,000 as loan to the firm on October 1, 2019. Raju had met with an accident on July 1, 2019 and could not attend the business up to September 30, 2019. The profit for the year ended March 31, 2020 amounted to ₹50,600. Disputes have arisen between them on sharing the profits of the firm. Raju Claims:
With no deed at all, the Indian Partnership Act, 1932 governs everything: no interest on capital, no salary, profits shared equally, and a partner's loan earns interest at a fixed 6% p.a. Raju gets ₹6,000 loan interest plus an equal ₹22,300 profit share; Jai gets ₹22,300.
Concept
When partners never agree on anything — no written deed, not even an oral one — the Act fills every gap: profits/losses are shared equally regardless of capital contributed, no partner earns interest on capital, no partner earns a salary or remuneration for working in the firm, and no interest is charged on drawings. The one right the Act does give a partner is interest at 6% p.a. on money they've lent the firm as a loan (separate from capital) — and this is a charge against profit, paid before anything is distributed.
Solution
Claim-by-claim verdict
| Claim | Verdict | Reason |
|---|---|---|
| Raju: interest @ 10% p.a. on capital | Not allowed | No partner has a right to interest on capital unless a deed provides for it. |
| Raju: interest @ 10% p.a. on his loan | Allowed, but only @ 6% p.a. | A partner's loan to the firm always earns interest under the Act, but at 6% p.a., not the 10% Raju is claiming. |
| Raju: profit shared in proportion to capital | Not allowed | The Act presumes equal sharing when the deed is silent, regardless of how much capital each partner contributed. |
| Jai: profit shared equally | Allowed | This is exactly the Act's default rule. |
| Jai: remuneration of ₹1,000 p.a. | Not allowed | No partner is entitled to salary or remuneration for the firm's work unless the deed says so — even covering for an absent partner. |
| Jai: interest on capital and loan @ 6% p.a. | Only the loan half is correct | No interest on capital is payable at all (not even at 6%); interest on the loan is correctly payable, and at 6% p.a. |
Working: Raju's loan of ₹2,00,000 was advanced on October 1, 2019 — 6 months before the March 31, 2020 year-end. Interest = ₹2,00,000 × 6% × 6/12 = ₹6,000, a charge against profit (deducted first, like any other business expense).
Profit remaining for the partners = ₹50,600 − ₹6,000 = ₹44,600, shared equally since there is no agreement to the contrary: ₹22,300 each.
Raju receives ₹6,000 as loan interest (a charge, not an appropriation) plus an equal share of ₹22,300 from the remaining profit — total ₹28,300. Jai receives ₹22,300. Neither partner gets a salary or interest on capital.
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