Which among the following is NOT true?
Which among the following is NOT true?
Solution
According to the Indian Partnership Act, 1932, mere co-ownership of a property does NOT constitute a partnership. This is the statement that is NOT true.
For a partnership to exist, there must be:
- An agreement between two or more persons
- Agreement to carry on a business
- Agreement to share profits of that business
Co-ownership simply means joint ownership of property. The co-owners may share income from the property (like rent), but this doesn't make them partners unless they are actively carrying on a business together with the intention to share profits.
For example: If two people jointly own a building and rent it out, they are merely co-owners sharing rental income. However, if they start a real estate business together buying, selling, and managing properties with shared profits, then it becomes a partnership.
The other statements are all correct:
Option 1 is true because partnership can be formed through oral or written agreement. No registration or written partnership deed is mandatory for a valid partnership.
Option 2 is true as it reflects the concept of mutual agency in partnership - each partner represents the firm and other partners in business dealings while also being a principal in their own right.
Option 4 is true as per the basic definitions provided in Section 4 of the Partnership Act, 1932.
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