Long Answer
Medium difficulty • Structured explanation
Question 1
Long FormExplain the essential features of partnership with reference to the Indian Partnership Act 1932. How does mere co-ownership differ from partnership?
- Partnership requires at least two persons (maximum 50) who form the firm through a valid agreement — oral or written — to carry on a lawful business together.
- Mutual agency is the core element: every partner acts as both principal and agent for all other partners; their acts bind the firm and one another, making this feature indispensable.
- Sharing of profits and losses is mandatory; if persons join only for charitable activities without profit motive, the relationship cannot be called partnership.
- Each partner has unlimited liability — jointly and severally — for all acts of the firm, including using personal assets to pay firm debts.
- Mere co-ownership of property (e.g., jointly buying land) does not constitute partnership because there is no business activity or profit-sharing agreement; only when they buy and sell property for profit does it become partnership.