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Q.Varun and Arun are partners in a firm sharing profits and losses equally. On the date of dissolution of the partnership firm, Varun's wife's loan was ₹ 45,000, whereas Arun's loan was ₹ 65,000. Which loan will be paid first and why?

CBSECBSE Class XII Board 2019Subjective· 1mImportance★★★★★
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Varun's wife's loan will be paid first because it is an external liability, while Arun's loan is a partner's loan, which is paid after external liabilities during dissolution.

When a partnership firm is dissolved, the assets of the firm are realised, and the proceeds are used to settle the firm's liabilities. The Indian Partnership Act, 1932, specifically Section 48, lays down a clear order in which the firm's debts and liabilities must be paid. This order is crucial to ensure fairness and adherence to legal requirements.

The fundamental concept here is the distinction between external liabilities (debts owed to third parties) and internal liabilities (claims of the partners themselves).

Here's the order of payment as per Section 48:

  1. Payment of firm's debts to third parties: This includes all external creditors, such as suppliers, bank loans, and loans from individuals who are not partners.
  2. Payment of advances/loans made by partners to the firm: After external creditors are paid, any loans provided by partners to the firm (beyond their capital contributions) are settled.
  3. Payment of partners' capital: If any surplus remains after paying external debts and partners' loans, it is used to repay the partners' capital contributions.
  4. Distribution of remaining surplus: Any final surplus is distributed among the partners in their profit-sharing ratio.

Now, let's apply this to the given situation:

  • Varun's wife's loan (₹ 45,000): Varun's wife is not a partner in the firm. Therefore, her loan to the firm is considered an external liability, just like a loan from any other outsider or a bank. It falls under the first category of payments.

  • Arun's loan (₹ 65,000): Arun is a partner in the firm. His loan to the firm is an advance made by a partner to the firm. It falls under the second category of payments. …

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