Deed of Partition
This Deed of
Partition made at Delhi this ..... day of ............, 2000, BETWEEN Mr. D. of......................
of the one part and Mr. P. of............ of the other part.
Whereas the parties
hereto are the members and coparcener of their joint and undivided Hindu Family
and as such own to immovable properties consisting of land and building thereon
and situate at......... and more particularly described in the First and Second
Schedule here under written and each of the parties hereto is entitled to
one-half undivided share in the said two properties.
And Where as the
parties have effected an oral partition of the said properties between
themselves as they no longer desired to continue as members and coparceners of
their joint family property and also have separated in food, workshop and
estate.
And Where as the
parties agreed and the said two properties have been divided and partitioned
and the property described in the said First Schedule was allotted to D
exclusively and the property described in the said Second Schedule was allotted
to P exclusively.
And Whereas for the
purpose of equal partition the property in the first Schedule was valued at
Rs.5 lacs and the property in the Second Schedule was valued at Rs.3 lacs.
And Where as the
value of the property described in the Second Schedule is less by Rs.1 lac than
the value of the other property, D agreed to pay a sum of Rs. 1 lakh to P to
compensate for the deficiency in price or value of the share of P.
And Where as on the
aforesaid basis the parties herein have partitioned the said two properties in
the manner indicated above.
And Where as the
parties hereto here by record the said partition.
NOW THIS DEED
WITNESSETH as follows:
1.
Pursuant
to the said agreement the parties hereto hereby admit division of the said
joint family properties described in the first and Second Schedule s here under
written in tow equal shares to the effect that property described in the First
Schedule hereunder written stands allotted to the share of D to the exclusion
of P and the property described in the Second Schedule hereunder stands
allotted to P tot he exclusion of D.
2.
In
order to equalise the shares and the value of the property described in the
First Schedule being more than the value of the property described in the
Second Schedule by Rs.1 lac D has paid to P sum of Rs. 1 lac on the execution
of these presents (receipt whereof P does hereby admit).
3.
In
consideration aforesaid, each of the parties here to both grant and release all
his undivided share, right, title and interest in the property allotted to the
other of them as aforesaid so as to constitute each party the sole and absolute
owner of the property allotted to him, freed and discharged from all rights,
title, interest claims and demands of the other party here to or concerning the
same but subject to the payment of all taxes, rates, dues and duties and
assessment payable to Government or Municipal Corporation or any other public
body in respect thereof.
4.
Each
party covenants with the other that he has not done any act, deed or thing
whereby or by means where of he is prevented from conveying and releasing the
property to the other in the manner aforesaid.
5.
Each
party also covenants with the other party each party will execute and get
registered, if necessary, any deed, assurance or other document which may be
required for fuller and more perfectly and effectually assuring the property
allotted to the other but at the cost and expenses of the other.
6.
Each
party hereto further covenants with the other that the latter will hereafter
hold and stand possessed of the property allotted to him quietly and peacefully
and enjoy the rents and profits thereof without any suit, interruption, claim
or demand by the covenanting party, his heirs, executors, administrators and
assigns or any person claiming under him.
7.
The
original of the Deed of partition will remain in the custody of D and the
duplicate copy hereby will remain in the custody of P.
8.
And
it is further agreed and declared that the title deeds relating to the
properties which are common to both of them and which are set out in the Third
Schedule hereunder written shall remain with D who undertakes to produce the
same whenever required by P.
THE FIRST PARTY ABOVE
REFEREED TO
THE SECOND PARTY
ABOVE REFEREED TO
THE THIRD PARTY ABOVE
REFEREED TO
IN WITNESS WHEREOF,
the parties herein have signed and delivered these presents on the day month
and year first above written.
SIGNED AND DELIVERED
by the with in named party D of the
First part............
In the presence of:
1.
2.
SIGNED AND DELIVERED by
the with in named party P of the
Second part............
In the presence of:
1.
2.
