Deed of Partition between
Two Tenants-In-Common
This Deed of
Partition is made on the ........ day of ..... BETWEEN AB, etc. ....... Of the first part
AND CD, etc., of the second part.
Whereas the
properties mentioned in the first and second Schedules hereto belonged to one
OP, etc ;
and Whereas the said
OP died on ..... leaving behind him the said AB his son and the said CD, his
daughter as his only heirs who inherited the said properties under the
Mohammedan Law in the shares of 2/3 and 1/3 respectively.
and Whereas the
parties hereto have expressed their desire and have agreed to divide the said
properties in the manner hereinafter appearing:
and Whereas it has
been agreed between the parties that a sum of Rs...............should be paid to the said
C D by the said A B for equalisation of partition.
NOW THIS DEED WITNESS
as follows:
1.
Conveyance
(1) In pursuance of the said agreement and in consideration of the transfer by
the said CD hereinafter contained the said AB hereby grants and conveys to the
said CD ALL THAT the undivided two-third share and interest of the said AB in
the property described in Schedule A hereto containing ................acres and
delineated on the plan annexed hereto and thereon shown with its boundaries
coloured red together with all buildings TO HOLD the same to the said CD
henceforth in severalty.
2.
Covenants.-It
is hereby mutually agreed between the parties as follows :-
1. Encumbrances- There
is no encumbrances or charge on the property hereby partitioned and that if any
encumbrance or charge is found to attach to any part of such property both the
parties shall be liable for the same in proportion to their shares in the joint
property (or, the property hereby allotted to its subject to any encumbrances
or charge attaching thereto and the other party shall not be liable for any
part of the same).
2. Quiet enjoyment - The
property hereby allotted to each party shall be entered upon and henceforth
held in severalty by such party without any interruption or disturbance by the
other party or any one claiming through, under or in trust for it.
3. Custody of partition
deed.- The said AB shall have the custody of this deed together with the maps
annexed thereto and will at the request and cost of the said CD produce the
same for inspection and will produce the same in evidence.
4. Production of
title-deeds- Each of the parties hereto will at the request of the other
produce for inspection by the other and produce in evidence in legal
proceedings any title-deed or document in his possession and any way affecting
the title of the party requiring such production to the property hereby
transferred to it (or, the title deeds of the property partitioned shall be
retained by the said AB who undertakes, at the request of any other party, to
produce the same for inspection by such other party and to allow the latter to
take copies thereof).
5. Interpretation.
Wherever such an interpretation would be necessary in order to give the fullest
scope and effect legally possible to any covenant or contract herein contained,
the expressions “the said AB” and “the said CD” hereinbefore used will include
respectively the heirs, successors, representatives and assigns of the said AB
and the said CD respectively.
6. Value of lots.- It is
hereby declared that the value of the properties mentioned in the first and
second Schedule hereto are Rs......................and Rs.................respectively.
IN WITNESS WHEREOF
the parties hereto have signed this deed on the day and year first written
above.
1...............................
(Sd).....................
(AB)
2............................
(Sd).....................
(CD)
FIRST SCHEDULE
..........................
SECOND SCHEDULE
........................
