Deed of Partition between Members of a Joint Hindu Family in Marathi

1. THIS is to record and confirm that the properties mentioned in the First Schedule herein owned and belonging to the joint Hindu family consisting of A, son of ................. B, son of ................ C, son of ................. D, son of ................ E, son of ................. all resident of ................ were partitioned between the members of the joint Hindu family by metes and bounds on ................ in the presence of Shri ................ I son of ................. resident of ................ and Shri ............... son of ................ resident of ............... and the properties mentioned in the Second Schedule, Third Schedule, Fourth Schedule, Fifth Schedule and Sixth Schedule fell to the share of the A, E, C, D and E, respectively.
2. This is also confirmed that all the members of the joint family have taken possession of the properties fell to their share and each of them has covenanted and assured with the other that (a) each member will be absolute and exclusive owner of the properties fell to his share and he will have no right, interest or title in the properties fell to the shares of other members, (b) each member will enjoy the properties fell to his share peaceably and without interruption or disturbance by the other member or any one claiming through, under or in trust for him, (c) each member will at the cost of the person requiring the same, do every such act or thing as may reasonably be required for further or more perfectly assuring the property transferred by him to the other.
3. During the partition, it was declared and confirmed by all the members that there is no mortgage, charge, lien or encumbrance on the properties of the joint family and if any mortgage, charge, lien or encumbrance is found to attach to the properties or any part of the properties of joint Hindu family, all the members will be liable for the same in proportion of their share in the joint property.
4. The title deeds relating to the joint family properties mentioned in the Second Schedule have been retained by A, who has covenanted with other members to produce the same for inspection and in evidence, at the request and cost of the member requesting for the same.
5. All the members agreed that the partition shall not be open to challenge on any ground whatsoever.

This writing has been executed for the purpose of confirmation and record of the partition effected as hereinbefore mentioned and all the members of the joint Hindu family have set their hands to this writing in the presence of witnesses to confirm the said partition and covenants made by them to the other members.

THIS DEED OF PARTITION is made on the …….. day of ……………… amongst KK, son of DD (called first party) ; RK, son of DD (called second party) ; SK son of DD (called third party) and Smt. SD, wife of DD, deceased (called fourth party), members of a Joint Hindu Family belonging to …………… caste, residing principally at ……………………………, the ancestral home of the family.

                WHEREAS DD, father of parties Nos. 1, 2 & 3 and husband of party No.4, died on ………………….. ;

                AND WHEREAS the said DD was the Karta of the Joint Hindu family consisting of his sons and wife and was possessed of properties mentioned in Schedule I to IV attached to this deed ;

            AND WHEREAS parties Nos 1 and 2 are living at ………………………… and both carry on their separate business out of their separate funds, and the parties Nos. 1, 2 & 3 wish to partition the joint-family properties so that no dispute should arise among them ;

AND WHEREAS at the well founded advice of the family friend Shri KC, Advocate, the parties to this deed have put all the properties belonging to each of them separately into the joint family hotchpotch, but excluding the business assets of parties Nos. 1 & 2 which are the result of their separate earnings; property in Schedule 1 valued at Rs. ……………….. and other properties in Schedules 2, 3 & 4 valued at Rs……………..

                AND WHEREAS in consideration of the absolute or sole ownership acquired by each party in respect of the allotment made to such party out of the hitherto joint property and in consideration of the covenants hereinafter mentioned and agreed to by all the aforesaid parties the said parties resolved to incorporate the terms of the partition in a deed of partition.

NOW THIS DEED WITNESES AS FOLLOWS :

1.             That the parties to this deed have agreed that the properties subject to partition are of the value of Rs…………. and the value of the separated share shall be Rs………… each which shall be the value for the purpose of stamp duty.

2.             That the property mentioned in the Schedule 1 shall be retained by parties Nos 1 & 4 since they continue to live in that property as before and in lieu of the share in the property of Schedule 1 parties Nos.1 and 4 shall pay to parties Nos. 2 and 3 Rs…………being their combined share and parties Nos. 2 & 3 have accepted the  payment of Rs………….. in lieu of their share in the property in Schedule 1.

3.             That the parties Nos. 2 & 3 release their interest in the property of Schedule I and convey to parties Nos 1 and 4 separately their right, title and interest thereon and similarly parties Nos. 1 and 4 release their right, title, and interest in the properties mentioned in the Schedules 2, 3 & 4, so that parties Nos. 1 & 4 and Nos.2 and 3 constitute the sole and absolute owners of the properties in Schedule 1 and in Schedules II, III and IV respectively.  The title deeds in respect of the items of the property which are forthcoming have been delivered to each of the parties to whose share the items of property relating to the title-deeds have been allotted.

4.             That the original deed of partition shall be retained by party No. 1 for the purpose of safe keeping and production before court or public.

5.             That the parties have agreed that all the taxes and public charges in respect of the allotted properties shall be borne by the parties themselves.

                IN WITNESS WHEREOF the parties aforementioned have executed this deed of partition on the date aforementioned.

 

                                                                                                                                                                                Sd/- 1. KK

                                                                                                                                                                                        2. RK

DEED OF PARTIAL PARTITION BY ONE MEMBER FROM THE OTHER MEMBERS OF JOINT HINDU FAMILY

THIS DEED made at ................ this ................ day of ................, 2000, between A, son of ............................ resident of ................................. hereinafter referred to as the first party of the ONE PART and B son of ............................. C, son of ................................. D, son of ......................... and E, son of ..................... all resident of .................................  hereinafter collectively referred to as the Second Party of the OTHER PART.

           

WHEREAS the parties hereto are the members of joint Hindu family governed by Mitakshara school and the first party is not able to adjust himself with the other family members, due to which relations in the family have become tense.       

AND WHEREAS the relatives and family friends have suggested to the Second Party that the first party is desirous to sever his connection from the Hindu joint family.            

AND WHEREAS the parties hereto have agreed that the first party may be partitioned with his share in the joint family properties.

NOW THIS DEED WITNESSETH AS FOLLOWS

1. In pursuance of the agreement, the properties mentioned in the Schedule, hereinafter referred to as the scheduled property, are allotted to the first party and he shall hold, possess and enjoy the said scheduled property as absolute and exclusive owner without any interruption, claim or hindrance from any member or members of joint family or any person or persons claiming through him or them.