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 Where as 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 Where as 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.
2.
It
is hereby declared that there is no mortgage, charge, lien or encumbrance, on
the property scheduled and allotted to the first party and if later on it is
found that there is any mortgage, charge, lien or encumbrance on the said
property, all the parties will be liable for the same in proportion of their
shares in the joint family properties.
3.
The
Second party covenants with the first party as follows:
a. That the first party
will enjoy the scheduled property peaceably and without any interference,
interruption or disturbance by any member of the second party or anybody
claiming through, under or in trust for it.
b. The title deeds in
respect of the scheduled property and this deed will be produced at the request
and cost of the first party for inspection and in evidence in legal proceedings
and deliver the copies thereof.
c. That it will at the
cost of the first party do every act or thing as may reasonably be required for
further or more perfectly assuring the scheduled property to the first party or
mutation of the name of the first party in land revenue and municipal records.
1.
2.
3.
4.
It
is further declared and agreed that the expression "First Party" and
"Second Party" will include their heirs, successors, legal
representatives, executors, administrators of the first party and of all the
members of the second party.
5.
It
is hereby declared that the value of the property mentioned in the Schedule
hereto is Rs. ................
The Schedule above
referred to
IN WITNESS WHEREOF
the parties have set their hands the day and year first above written.
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WITNESSES;
1.
2.
