Deed of Partition between
Members of a Joint Hindu Family
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.
Witness: Sd/-
1. KK
2. RK
3. SK
1. ________________
4. Smt. SD
DEED OF PARTITION
BETWEEN MEMBERS OF A HUF (ANOTHER FORM)
THIS DEED OF
PARTITION is made on the .......... Day of ...... amongst AB, son of KL of the first part
(hereinafter called “Party No.1”) and CD, son of KL of the second party
(hereinafter called “Party No.2”), AND EF, minor son of KL, of the third party
(hereinafter called “Party No.3”) through GH, his mother and natural guardian
AND GH, widow of KL of the fourth part (hereinafter called “Party No.4”) AND
MN, widow of RS, son of KL of the fifty part (hereinafter called “Party No.4”)
members of a joint Hindu family belonging to ...... caste, residing principally at
... the ancestral home of the family and actually at different places from time
to time.
Whereas KL, the
father of the party Nos. 1, 2 & 3 and the husband of party No.4 and
father-in-law of party No.5 died on ....... Leaving behind AB, CD and EF his sons
and GH his widow, and MN widow of predeceased son RS, as heirs ;
and Whereas KL, was
the karta of the joint Hindu family consisting of his sons and wife and was
possessed of items of properties mentioned in Schedules I to V excepting Item
No.3 in Schedule 1, item Nos. 2 and 3 in Schedule II and Item No.4 in Schedule
V attached to his deed ;
and Whereas after the
demise of KL party No.1 became and acted as the karta of the said joint family
and with the assistance of joint-family funds purchased a shop more
particularly described as Item No.3 in Schedule (in his own name and prices of
land more particularly described as item nos. 2 and 3 in Schedule II, the
former in his own name and the latter in the name of GH and a house more
particularly described as Item No.4 in Schedule V, in the name of Rs a forementioned;
And Whereas CD party
No.2 is employed as ....... In and is at present posted at ........... ;
And Whereas RS was
married to MN in ..... and having practiced as lawyer in the town of .....for about
8 months only died on ....... Leaving behind MN as a widow ;
And Whereas differences
have arisen between the members of the family and constant disputes crop up
between MN and GH, which make it undesirable that the members should continue
to form a joint Hindu family ;
And Whereas at the
intercession of the friends of the members of the family, the aforesaid parties
have agreed to divide the joint family estate which GH, as guardian of EF
considers as beneficial to the interest of her minor son aforesaid and all the
properties of the family irrespective of the name in which the same has been
purchased or is recorded in revenue records equal in value, except that
properties mentioned in Schedule II are valued at only about Rs............... while the
total value of properties mentioned in each of other Schedules is about
Rs.................. and on lots being drawn in the presence of all the parties picked out
by EF the properties mentioned in Schedules I, II, III, IV and V fell to the
share of parties No.1,2,3,4 & 5, respectively but parties Nos. 1 and 5
agreed with the assent of the other parties aforementioned to interchange the
lots whereby properties in Schedule II were accepted to be taken by party No.1
and those in Schedule V were accepted to be taken by Party No.5 ;
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 WITNESSES
AS FOLLOWS:
1.
Allotment . – Pursuant to the
aforesaid agreement, the parties to this deed of partition, hereby divide the
joint-family property in five equal shares for which purpose the same had been
split up into five lots, each of such lot being incorporated in a separate
Schedule attached to this deed whereby the properties mentioned in Schedules I,
II, III, IV and V are assigned and allotted to parties Nos. 1,2,3, 4 & 5
aforementioned, respectively.
2.
Acknowledgement . – The sum of
Rs............... has been paid by each of the said parties Nos.3, 4 & 5 to the party
No.2 (receipt whereof the party No.2 hereby acknowledges) and party No.1 has
executed a promissory-note for Rs................. payable with interest at 6 per cent,
in lieu of the sum of Rs.............. payable by him to Party No.2.
3.
Conveyance .—Each of the said
parties hereby releases his interest in the properties allotted to other
parties and conveys to each of them separately his right, title and interest
therein so as to constitute each party to this deed the sole and absolute owner
of the property allotted to that party free and discharged from all claims and
demands of the others thereto or concerning therewith, as from the date of this
deed. 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 item of property
relating to the title-deed has been allotted, to have and to hold the said
items of properties mentioned in the said schedule unto each party respectively
and enjoy the same in severally absolutely and for ever.
4.
Covenants
a. Further
partition.—The parties aforementioned have agreed that this partition shall not
be open to challenge even if any debt due to any allottee is not realised or
becomes irrecoverable or any party is deprived of any property or part thereof
by a stranger to this deed, but reserves the right to each party to claim a
further partition of any property which may be found to be joint-family
property but has not been included in any of the Schedules attached to this
deed.
b. Partition deed. – The
original deed of partition shall be retained by party No.1, a true copy thereof
signed by each party has been delivered to the other said parties who shall be
entitled to require production of the original from Party No.1, before any
court or public office or arbitrator or bank or insurance company, etc., if so
desired.
c. Payment of taxes,
etc. – It has been further agreed that each party shall execute and get
registered, if necessary, any deed, document or receipt which he may be
required to do at the instance of any other party of this deed at a latter’s
expense, in order to more effectually assure the requisitioning party of any
rights or title conferred on him under this deed, or to get any property
aforesaid mutated or entered in revenue or other public records as being in the
exclusive and absolute possession and ownership of the party to whom the same
is allotted under this deed.
IN WITNESS WHEREOF
the parties aforementioned have executed this deed of partition on the date
aforementioned.
1. WITNESS
_______________ (Sd.)
1. AB _______
2. CD _______
3. GH
as guardian on behalf
of her minor son EF.
4. GH. ___________
5. MN __________
