Legal Documents Library

Deed of Partition with a Cash Payment for Equalization

This Deed of Partition is made on the ……… day of ………… between KK, resident of ……………………. of the first part AND RK, resident of ………………………. of the second part AND SK, resident of ……………………………. of the third part.

Whereas the parties hereto being in possession as absolute joint owners in equal share free from all encumbrances whatsoever the houses, gardens, lands and premises made part of this deed have agreed with each other to put an end to their community of ownership and to divide the properties contained in the said Schedules for the purposes of the same being separately and individually owned, possessed and enjoyed ;

And Whereas the said KK, who assumed Karataship of the family now comprising of the parties hereto on ……………, that is, on the death of JK, father of the parties hereto, has rendered full account for the period beginning with the said ………………, to the date hereof and no money, claim or charges are due and owing by any of the parties hereto against him or any other

Deed of Partial Partition of Hindu Undivided Family Property In Respect of Certain Property only While The Rest of Hindu Undivided Family Continues to be Joint

This Deed Fo Partial Partition is made on the …….. day of ………………, BETWEEN SN, son of ON, resident of ………………………………. (hereinafter called the first party’) of the first part, AND PN, son of ON, resident of ………………………., (hereinafter called ‘second party’) of the second part, AND PM, son of ON, resident of ………………………………. (hereinafter called the ‘third party’) of the third part.

Whereas the said ON and his son the said SN, PN and PM form a Hindu undivided family, of Bombay and Poona, are desirous to partition the properties referred to in Schedule appointed to this deed without serving their Hindu undivided family Status.

NOW THIS DEED WITNESSES as follows :

1. Conveyance

1. That the properties which the above parties are desirous to partition without severing their Hindu undivided family status are three houses in the city of Poona of equal valuation more fully described in the Scheduled appended with this deed.

2. That on the advice of the friends of the family the parties agreed to divide the said property amicably in lots and with this object the said ON prepared four equal lots of the said

PARTITION IN JOINT HINDU FAMILY (MITAKSHRA)

NOTE: In view of the decision of the Supreme Court in V. Tulasamma v. Keshava Murthy, (1977) 3 SCC 99: AIR 1977 SC 1944,

a share received by a female Hindu at a partition of joint Hindu Family property will be her absolute property even if it is described as a life estate or a widow estate in the deed of partition.

THIS PARTITION

is made the ___________________________,

BETWEEN

AA.,

aged about ____________ years

hereinafter called the First Party

AND

BB

aged about_____________.years,

hereinafter called the Second Party, sons of the late CC. AND DD. aged about________.years, widow of the said CC. and mother of the First and Second Party, hereinafter called the Third Party, all residents of________.in the city of________.

WHEREAS

the said CC. was the Member of a Joint

PARTITION BETWEEN THREE HINDU COPARCENERS (ONE BEING MINOR), AND MOTHER 

THIS DEED OF PARTITION

 is made on the _____________ day of _____ 

                                          BETWEEN 

Mr……………………………………………..……………………

S/o………………………………………….………………………

Resi………………………………………………………..………. of the first part 

(hereinafter referred to as "the father" which expression shall be including his related successors, heirs, representatives and assigns; 

AND 

Mr……………………………………………………..

S/o…………..…………………………………………

Resi…………………………..………………………… of the second part

 (hereinafter referred to as the "major son" which expression shall be including his successors, heirs, representatives and assigns); 

              AND 

Mr………………………………………………………….

S/o…………………………………………………………

Resi………………………….………………………….. of the third part

 (hereinafter referred to as the "minor son" which expression shall be including his successors, heirs, 

representatives and assigns) acting through the father; 

             AND 

Mrs. …………………………………….……………………

W/o…………………………………………………………..

Rei……………………………………………………………..

 (hereinafter referred to as "the mother" which expression shall be including her successors, heirs, representatives and assigns); all four hereinafter collectively referred to as parties and individually as the first party, second party and third party respectively.

WHEREAS 

1. The parties constitute a Hindu undivided family ruled by the Mitakshara School of Hindu law. 

2. The movable/immovable properties stated in the first, second, third and fourth schedules, being the joint

DRAFT OF PARTITION

THIS DEED OF PARTITION made at (city) this ___ day of __________, 20__

,BETWEEN

Mr. _____________,s/o____________, R/o ____________________________ Hereinafter called First Party of the First Part, Shri ____________,s/o_______________,

R/o ____________________, hereinafter called Party of the Second Part, (3) Mr. __________s/o________________, r/o_______________________, hereinafter called Party of the Third Part

WHEREAS Shri ___________ is the Karta and Manager of the joint and undivided Hindu family, carrying on the activities under the name and style of "______________________" (hereinafter referred to as "the said ___", consisting of the said ___________, his wife, the said __________, and the said ____).

AND WHEREAS the said _______ owned and possessed immediately before the partition one telephones Nos. ________and _______, __ shares in ________ Ltd. Bank balance of Rs._______ with ________, _________, _____________ Bank The HUF had also incurred certain liabilities.

AND WHEREAS the parties hereto have agreed on the ___ day of _____ to have a total partition all the assets held by the said HUF on such partition:-

___ Shares of _____________ Ltd. Rs. _

DEED OF PARTITION OF A HINDU UNDIVIDED FAMILY

THIS DEED OF PARTITION

is made……………………..…./…………………………..……

BETWEEN

Mr………………………………………………………………………

S/o……………………………………………………………………..

Resi………………………….………………………………………… of the first part;

AND

Mr……………………………………………………………………….

S/o………………………………………………………………………

Resi……………………………………..…………………………….. of the second part;

AND

Mr………………………………………………………………………..

S/o…………………………………………………….…………………

Resi…………………………………………………….………………. of the third part;

All three hereinafter collectively referred to as parties and individually as the first party, second party and third party

DEED OF PARTITION IN JOINT

HINDU FAMILY (WITH CASH)

THIS PARTITION is made the ________ day of ________ 20 ________

BETWEEN AA. etc___________________________________ of the First Part

AND CC. etc_______________________________________ _ of the Second Part

AND BB. etc_________________________________________ of the Third Part.

WHEREAS the parties hereto being in possession as absolute joint owners in equal shares free from all encumbrances whatsoever the houses, gardens, lands and premises more specifically described in the Schedules marked 荘A鋳, 荘B鋳, 荘C鋳, made part of this deed have agreed with each other to put an end to their community of ownership and to divide the properties contained in the said schedules for the purposes of the same being separately and individually owned, possessed and enjoyed;

AND WHEREAS the said AA., who assumed Kart ship of the family now comprising the parties hereto on the ______________________________, that is, on the death of DD., father of the parties hereto, has rendered full account for the period beginning with the said date, to the date hereof and no moneys, claim or charges

DEED OF PARTIAL PARTITION OF THE PROPERTY OF A HINDU UNDIVIDED FAMILY

THIS DEED OF PARTIAL PARTITION

is made on the _______ day of __________

BETWEEN

Mr…………………………………………………………………………………….,.

S/o…………………………………………………………………………………….,

Resi………………………………………….………………………………………. of the first part;

AND

Mr………………………………………………………………………………….……,.

S/o………………………………………………………………………………..……..,

Resi……………………………………………………………..………………………. of the second part;

AND

Mr…………………………………………………………………………………………,

S/o…………………………………………………………………………………………

Resi…………………………………………………………………….…………………. of the third part;

AND

Mr………………………………………………………………………………….……….,

S/o…………………………………………………………………………………………..,

Resi…………………………………………………………………………………………. of the fourth part;

all four hereinafter collectively referred to as parties and individually

DEED CONFIRMING PARTITION OF A HINDU

UNDIVIDED FAMILY EFFECTED EARLIER

THIS DEED OF PARTITION

is made on the __________ day of _____

BETWEEN

Mr………………………………………………………………………………………..

S/O Mr……………………………………………………………………………..

Resi………………………………………………………………..……………………. of the first part;

AND

Mr……………………………………………..………………………………………….

S/O Mr………………………………………………………………………………….

Resi……………………………………………………..………………………………. of the second part;

AND

Mr………………………………………………………………………………………….

S/O………………………………………………………………….…………………….

Resi………………………………………………………………………..…………….. of the third part;

all three after it collectedly referred to as parties and individually as the first party, second party and third party respectively, which expression is inclusive of their related successors, heirs representatives and assigns.

WHEREAS

1. The

CONFIRMATION OF PARTITION ALREADY MADE BY THE

MEMBERS OF JOINT HINDU FAMILY

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

SUIT PARTITION

 

IN THE COURT OF SUB-JUDGE AT …………………………………

Civil Suit No.____________ of 20……………..

Date of Institution : ______

……………..…………………………………………………..Plaintiff

Versus

……………………………………………………………….Defendants

Suit for the Partition to the effect that the plaintiff is entitled to get ______

Respectfully Sheweth :

1. That the plaintiff was______

2. That the cause of action accrued to the plaintiff on ______

3. That the plaintiff is permanently residing within the jurisdiction of this Hon'ble court and all the correspondence from the defendants were received at his home address and the office of the defendant is located in the territory of this Hon'ble Court, hence this court has each and every jurisdiction to try and entertain this suit. _______

4. That the value of the suit for the purposes of jurisdiction has been fixed for Rs. ____............./- and for the purposes of declaration and correct and authorized court fee stamp of Rs. _____ has been affixed on the plaint.

5. It is, therefore, most respectfully prayed that a decree for partition to the effect that plaintiff is entitled to get his share _____ , be passed in favour of plaintiff and against the defendants with costs of the suit. Such other reliefs as deemed fit and proper in the facts and circumstances of the case may also be passed in favour of the plaintiff and against the defendants in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE HUMBLE PLAINTIFF AS IN DUTY BOUND SHALL EVER PRAY.

………………………………Plaintiff

 

________________ Through, Advocate

Verification:

I,______________________, do hereby verify that the contents of the above plaint from paras 1 to ____

are true and correct to the best of my knowledge and belief.

Verified

Commission to make a Partition.(O.26, R.13.)

(Title)

To

WHEREAS it is deemed requisite for the purposes of this suit that a commission should be issued to make the partition or separation of the property specified in, and according to the rights as declared in, the decree of this Court, dated the............day of.........19; You are hereby appointed Commissioner for the said purpose and are directed to make such inquiry as may be necessary, to divide the said property according to the best of your skill and judgment in the shares set out in the said decree, and to allot such shares to the