Re paying UNSECURED LOAN via passing journal entry

Tax queries 898 views 7 replies

Hi , I am a partner in a firm , we have UNSECURED LOANs Taken from our family members , but last year my uncle died suddenly by heart failure , the firm had  26 laks rs as an unsecured loan taken from him , now I wanted to know that how can I repay that loan beacuse he is no more and can't accept and transfer money via his bank account , but as per his last will the loan on his name in firm was to be repaid off to his nephew who is also a partner in that firm ,

 

So can we repay or transfer the loan amount to his nephew's capital account by passing a journal entry in our books and can we also pay interest to his nephew on that amount

 

Or will we have to pay the loan by first transferring full amount to his nephews bank account and then again taking that amount back via cheque

 

And if it is possible that we can transfer that amount via journal entry than will that attract sec 269SS Or sec 269T

 

Because amount of this is just going via journal entries and nothing is paid or taken back in cash form

 

and what should an auditor write in its finding at the time of audit report

 

Please elaborate

 

Thankss

Replies (7)
What about Legal Heirs...???

No he did not had any child from his wife , and plus his wife had also left him 20-25 years back , he was single and very ill from last 4-5 years , and every other person in family is ready to accept his last will , no one is against that

 

But the main matter is to how to transfer that money on our books

It's very legal matter better consult with a Lawyer. It's good one...

Better to discuss with partners and prepare a valid proof or documents transfer or pay the amount.

But, Better to get Legal Opinion...
Transfer the loan and interest to the legal successors.

Bro that I know , but I am asking about the process through which that loan is to be paid off , can it be done by transferring the amount by passing journal entries or do I need to pay back the loan to successor by giving him a cheque and than again take a cheque back from him...

 

Plus is their any time frame under which this has to be done , like within one month or any stipulated time ??

As per my opinion Do anyone which is more suitable for you
1. As a huge Unsecured loan amount Repay to legal heirs as per proper document with TDS.

Further if you want Amount will take again
then it's separate matter i.e. new loan arrangement

2. take legal advise for future going concern.
3. Transfer loan amount to partner capital account if partnership deed permitted.

suggestion is not bind to do exact what I said. Take Appropriate decision as per your mutual decision in firm.
Paying unsecured loan to by the guarantor can be one option.


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