Discuss the provisions of the Indian Partnership Act, 1932 regarding the payment of firm debts and separate debts of partners. How are the firm’s property and the partners' separate property applied in settling such debts?
Payment of firm debts and of separate debts (Section 49): Where there are joint debts due from the firm and also separate debts due from any partner: \n(i) the property of the firm shall be applied in the first instance in payment of the debts of the firm, and if there is any surplus, then the share of each partner shall be applied to the payment of his separate debts or paid to him; \n(ii) the separate property of any partner shall be applied first in the payment of his separate debts and surplus, if any, in the payment of debts of the firm.
Exam Strategy Tip
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