Statutory Law
Section 48 of the Indian Partnership Act 1932 dictates the strict mathematical hierarchy of payments upon dissolution:
A. Treatment of Losses:
Deficiencies of capital and losses must be paid: (1) First out of profits, (2) Next out of partners' capital, and (3) Lastly by partners individually in their profit-sharing ratio.
B. Application of Assets (Strict Priority Order of Payment):
- First Priority: In paying off external third-party debts and liabilities of the firm (Creditors, Bank Overdraft, Bills Payable, Outstanding Expenses, Mortgages).
- Second Priority: In paying to each partner rateably what is due to him on account of Partner's Loans / Advances (distinct from capital).
- Third Priority: In paying to each partner rateably what is due to him on account of Capital.
- Fourth Priority (Surplus): The remaining residue (if any) is divided among partners in their Profit Sharing Ratio.