As per section 5 of
Indian Partnership Act, 1932:
Partnership
can be created only by way of an agreement between the partners. There has to be an agreement between the partners
to carry on a business and to share profits of the business.
Partnership is not created
by status. Thus the members of a Hindu undivided family carrying on a family business as
such, or a Burmese Buddhist husband and wife carrying on business as such are
not partners in such business.
See section 5 of the Indian Partnership Act, 1932 on www.lawzonline.com