Property beign divided
Varun singh
(Querist) 31 October 2018
This query is : Resolved
Respected members
If two partners have a land in their name and the land contains marble in a specific area then how will be the property divided before mining the land ? If the one wants to be separated?
Isaac Gabriel
(Expert) 01 November 2018
It could be divided in equal proportion.The portion where marbles embedded, can be given to the third party of your choice or it could also be divided equally if you agree for. Right ?
Isaac Gabriel
(Expert) 01 November 2018
It could be divided in equal proportion.The portion where marbles embedded, can be given to the third party of your choice or it could also be divided equally if you agree for. Right ?
Dr J C Vashista
(Expert) 01 November 2018
File suit for partition through a local prudent lawyer.
Varun singh
(Querist) 01 November 2018
I was asking that Will i get a my percentage proportion in the marble too ?
Adv. Yogen Kakade
(Expert) 01 November 2018
Try and settle the partition issue amicably.. if failed then file a partition suit.
With respect to your question.. whether you can get your percentage in the marble too.. it depends upon the terms decided between you and your partner earlier.. otherwise it shall be decided by the court after considering the relevant factors.
Varun singh
(Querist) 01 November 2018
Sir the percentage proportion of partnership is 27 % is mine and rest is of their s and they are six brothers if we decide to mine the property by making a lease o wanted to be sure that legally i would be 27 % partner ?
Kumar Doab
(Expert) 01 November 2018
The expense of marble may be shared amicably/ the one getting marbled portion may amicably agree to pay others.
Or as posted above in case of dispute the court of law may decide per relevant facts.
Guest
(Expert) 01 November 2018
Mr. Varun Singh,
The firm seems to have property worth several crores laden with marble stones, where you have 27% of share, but you want a theoretical solution rather than some practical solution through a charity advice. Is not is strange, if there is some truth in your story? Can't you afford to pay consultancy fee of some local expert on property laws, if you want partition. If you still prefer for free advice from the LCI experts that would mean that you don't have any such problem in reality and you want a solution to some hypothetical academic exercise, as per property laws. Even otherwise also, earlier in the initial query, you made mention of 2 partners, while in your subsequent post, you made six partners out of the other one partner. So, what is right, what is wrong, can be best known only on examination of the property related documents.
By the way, if a real problem, what is the ratio of division of the income from the mining and sales of the marble so far between the partners?
