The assets of the firm, including any sum contributed by the partners to make deficiencies of capital, shall be applied first for paying ………….
The assets of the firm, including any sum contributed by the partners to make deficiencies of capital, shall be applied first for paying ………….
Solution
According to Section 48 of the Indian Partnership Act, 1932, when a firm is dissolved, the assets must be applied in a specific order of priority.
The order of application of assets during dissolution is:
First Priority: Payment of debts to third parties (outsiders/creditors of the firm)
Second Priority: Payment of partners' advances to the firm
Third Priority: Payment of partners' capital
Final: Distribution of any remaining surplus among partners in their profit-sharing ratio
The firm's debts to third parties must be settled first before any payment is made to partners, whether for advances or capital. This protects the interests of external creditors.
For example, if a firm has assets of ₹5,00,000, third-party debts of ₹3,00,000, partners' advances of ₹1,00,000, and partners' capital of ₹2,00,000, the payment order would be:
₹5,00,000 (Assets) → First pay ₹3,00,000 to third parties → Then ₹1,00,000 to partners for advances → Remaining ₹1,00,000 towards partners' capital
Therefore, Option 2 is correct as debts of the firm to third parties must be paid first before any other claims.
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