Section 4 of the partnership act which defines the term partnership uses the word “agreed” which emphasizes that there has to an agreement for the existence of a partnership. The said requirement of an agreement between partner is further substantiated by section 5 of the act provides that partnership arises by a contract thus it can be inferred that a contract is pre-requisite for the existence of the partnership.
Since a contract is must for partnership, therefore, it necessary for partnership and it that regard section 10 of the Indian contract act provide that an agreement is a contract when the parties to such agreement are competent to enter into an agreement. As far as the competency of parties is concerned section 11 of the ICA provides that a person who is not major as per law to which he subject than he is incompetent to enter into a contract. The said incompetency of minor is furthered held by privy council in Mohri Bibi v. Dharmo Das wherein it was explicitly held that a minor agreement is void-ab-intio that void since inception.
Since minor lacks competency to enter into an agreement and an enforceable agreement that a contract is must for a partnership hence it can be said that a minor cannot enter into a partnership.