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Business run by co partner is liable for partition


19-Jan-2023 (In Civil Law)
Dear Sir / Madam, We have property dispute between me and brother, I have filed partition suit at district court. I want to understand from you, whether It is possible to include my brother business as one of the property for partitioning. My brother runs business on his name which is funded by family, we had provided loans from bank by giving property as sureties , now bank loan is cleared . does civil law says in this case, that it is allowed to consider business as one of the property to file case ? Is it allowed to ask share from his business since business is started with help of family property ? what is your understand ?
Answers (2)

Answer #1
735 votes
yes you are correct you can file application for amendment to include the business also in the parition suit, further you can also ask for accounts and share in profits earned out of the said business, and when you have provided loans and hence the connection that it is also a family property can be easily established though your brother may be running the business.
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Advocate Bharat Narasgouda

Adv. Bharat Narasgouda

LawRato Belgaum | 25+ Answers
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Answer #2
500 votes
A business or even property in his name cannot be claimed for partition, even if it is funded or were co guarantors or sureties in bank loans. Moreover claims like this might affect adversely and prolong the partition suit.
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Advocate Rashmi George

Adv. Rashmi George

LawRatoBangalore / Bengaluru | 25+ Answers
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