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Question

X, Y and Z are partners in a business sharing profits and losses equally. X dies and the firm is dissolved. On the date of dissolution, the capitals of X, Y and Z were Rs. 20,000, Rs. 15,000 and Rs. 10,000 respectively and the outside liabilities amounted to Rs. 65,000. The assets of the firm realised Rs. 15,000. The private estate and debts of each partners were as follows:Private estate Rs. 1,00,000 Rs. 2,00,000, Rs. 3,00,000 Private debt Rs. 1,10,000, Y Rs. 1,90,000, Z Rs. 3,10,000 The outside creditors claim that the deficiency of Rs. 50,000 (i.e., Rs. 65,000 -Rs. 15,000) should be contributed by the partners out of their private estate which amounted to 6,00,000 because the partners are jointly and severally liable to
pay firms debts. Discuss the validity of their claim.

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Solution

Solution: Section to which the problem relates: Section 49.
Decision: The creditors can only ask Y to contribute? 10,000.Decision:
Reason: Partners private assets can be used for payment of firms debts only after his private debts have been paid off.Rs. 10,000.

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