• Shared farming profit sharing agreement

I am doing shared farming with brother in law in Maharashtra. He owns 5 acer of land. We planted Oranges. All expenses done by me. Crop will start giving profit after 3 years and will keep giving profit for next 20 years (expected). Oral agreement is, every year from profit, expenses will be paid to me first and then left profit will be shared 50-50%. I will be doing all expenses and he will be owning land and taking care of plants.
What type of legal agreement we can make in above case ? He might disobey oral agreement when we start getting lot of profit. Please advice.
Asked 5 years ago in Business Law

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18 Answers

Hello,

 

you may enter into a memorandum of understanding and may mention the details of profit sharing etc on the same. 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It's better to get it go registered partnership agreement or mou for the same

Prashant Nayak
Advocate, Mumbai
34599 Answers
249 Consultations

Please enter MOU with your Brother and within a year regular Agreement between you and him with provisions to get the documents registered under Registration Act to secure your interest and rights in the business to avoid any dispute in future. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You can enter  into agreement for meeting of expenses and sharing of profits 

 

it should be signed by both parties 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

As per Section 10 of the Indian Contract Act, all agreements are contracts if they are made by the free consent of the parties competent to contract, for a lawful consideration and with a lawful object and are not expressly declared to be void.

- Hence, you should enter into an MOU with the detailed terms and conditions i.e.after giving the details of profit and expenditures . 

- As per law, it is not mandatory to be registered and stamped. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
242 Consultations

Better execute MOU cum business agreement on 500rs stamp paper and get it notorise or get it register at sub registrar office.

Oral agreement is valid but hard to prove so it is advisable to execute written agreement mentioning all details.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You need to registered contract for all expenses to grow the Orange crops and profit sharing ratio accordingly to mentioned all percentage between both Need to draft an agreement and registered it as well fix the next 20 years clause. And it any breach of contract or denies can access the 5 acres  full by you for next 3-5 years

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Incorporate all the terms and conditions of your agreement with your brother in law in a written agreement on a stamp paper. 

Though oral agreement is as good as written agreement to avoid disputes its prudent that you put the terms into writing. 

So forget verbal agreement and execute a written agreement. 

Meet an advocate immediately. 

Devajyoti Barman
Advocate, Kolkata
23658 Answers
538 Consultations

Dear Sir, 

This kind of oral agreement is valid but oral agreements are very difficult to prove in the courts. 

You can enter into a Partnership Agreement or a Memorandum of Understanding, listing down all the terms and conditions, and all the rights and obligations of both the parties.

Get that agreement signed by 2 witnesses and get it notarized. This is not a legal requirement but in the even of any dispute, it will ensure that your brother in law does not state that he did not sign it, or that he was made to sign under compulsion. 

Additionally you can keep a record of all the payments and maintain an accounts book for the expenses incurred and payments received. Prefer to make payments by electronic mode whenever possible. This will help you secure your interests to a great extent. 

In order to draft the agreement it is advisable that you seek help on any advocate through Kaanoon portal.

Hope this helps.

Best wishes.  

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Dear Sir, 

You are suggested to prepare the MOU/agreement because the said business is intended to be for the long term. The said terms and conditions are required to be documented and registered as registrar office or may be notarised as well. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. Both parties must mutually consent to agree a REGISTERED "Deed of understanding", with strategic clauses of all the points mentioned by you alongwith time limitations, vacating land in case of non-compliance or crop failure for any reason etc.....

2. Said Deed must be duly registered before the registrar of sub-assurances, alongwith two witnesses.  This will be legally enforceable in Court, more so since oral agreement are not enforceable in court during times of dispute.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Get an registered agreement done with him 

Get a firm registered 

Get FSSAI license 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You may enter into an agricultural farming partnership agreement with conditions as stated by you.

The agreement may be executed by a registered document to enforce the same before court of law in case of either of the party fail to comply and adhere to the conditions agreed and signed jointly.

You can consult a local advocate and get an agreement drawn and registered.

 

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

you'll need to create a written agreement  with your  brother in law, registration not required. 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

An agreement must be made and registered stating all the risk factors and any contingencies and disputes which may arise.

All the expenses profit sharing should be categorically stated too.

Engage a lawyer for this purpose.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. No specific nomenclature exists for such an agreement, but it can be styled as 'profit sharing agreement'.

2. Oral agreements are not enforceable.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Please enter into a MOU or a Profit Sharing Agreement 

Make it on a stamp paper of 100 or 500

Get the document notorised

Sign before 2 witnesses 

Yusuf Rampurawala
Advocate, Mumbai
7905 Answers
79 Consultations

You can get into a profit sharing agreement with your brother in law and the agreement must be registered to make it binding upon both parties. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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