Section 49, of the Indian Partnership Act 1932, deals with
Section 49, of the Indian Partnership Act 1932, deals with
Solution
Section 49 of the Indian Partnership Act 1932 deals with Private Debts and Firm's Debts.
This section establishes the principle of distinction between:
- Debts owed by the partnership firm
- Private/personal debts owed by individual partners
The key provisions under Section 49 are:
Firm's Assets → First applied to pay firm's debts. Any surplus can then be applied to private debts of partners.
Partner's Private Assets → First applied to pay the partner's private debts. Any surplus can then be applied to firm's debts.
This section protects the interests of both firm's creditors and partners' private creditors by maintaining a clear separation. The firm's creditors have the first claim on firm's assets, while a partner's personal creditors have the first claim on that partner's private property.
This becomes particularly important during dissolution of a firm or when settling accounts, ensuring that each category of creditors receives their dues in the proper order from the appropriate source of assets.
Related questions:
2026: 13 May Shift 2
2025: 3 June Shift 2