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A partition deed for a property is created to divide the property among different people – usually among the family members. A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him. It is done by dividing the property according to the shares to which each of the parties is entitled to in law as applicable to them.
COMPLETE PARTITION OF A HINDU JOINT FAMILY
This deed of partition is made on the ___________ day of ___________ the month of ___________ of the year 200__. Between __________( Name ) s/o ___________ resident of ___________ (hereinafter called the first party) of the first part, ______________________( Name) s/o resident of ___________ (hereinafter called the second party) of the second part ___________(Name) s/o ___________ resident of ___________ (hereinafter called the third party) of the third part: and ___________(Name) widow of ___________ resident of (hereinafter called for fourth party) of the fourth part.
Whereas the further of the second and third parties and husband of the fourth party, namely late Shri (Name)___________ and the first party were brothers, being the sons of late Shri (Name)___________.
And whereas they all constituted a Hindu joint family governed by the ___________ of Hindu law.
And whereas the said Shri ___________ died of the year ___________ leaving him surviving the parties and entitled to claim partition of the joint family estate.
And whereas the family has continued to remain joint and to hold and enjoy all the properties jointly.
And whereas the parties hereto are all the members of the joint family entitled to claim partition and also competent to contract, the other coparceners being the minor sons of the second and third parties.
And whereas the parties hereto have mutually agreed to divided the entire joint family properties into two equal parts and to allot one part to the first party and the other to the second, third and fourth parties.
And whereas the second, third and fourth parties have also mutually agreed among themselves to further divided and one-half part of the joint property allotted to them into three equal parts and to allot a part each of the said three parts to each one of them.
NOW THIS DEED WTINESSES as follows:
(1) That the parties hereto do hereby mutually agreed and declare that they have actually divided the hitherto joint property of the Hindu joint family of the descendants of Late Shri (Name) ___________(here give the name of the father of the first party) among themselves into the four Parts specified herein below, as Part I, Part II, Part III and Part IV, and that henceforth the first party shall be the separate owner of the properties specified and included in Part I and second party shall be the separate owner of the properties specified and included in Part II and the third party shall be the separate owner of the properties specified and included in Part IV and each of them shall hence forth hold and enjoy the properties specified and included in his Part in severalty and to the exclusion of the parties other than himself; and the parties hereto do hereby mutually release and relinquish to the other all their respective right, title and interest in the properties specified in the Part other than the Part allotted to himself.
(2) That the parties hereto do hereby mutually covenant with each other that:
(I) The property specified and included in the Parts allotted to each party shall be entered upon and henceforth held and possessed in severalty by each one of them, respectively, without any interruption or disturbance by any party other than himself.
(ii) The parties will, at the cost of one requiring the same, do every such act or thing as may reasonably be required for further or more perfectly assuring the property hereby allowed to each one of them.
(iii) That the parties hereto hereby declare that despite some disparity in the value given which hare against each of the Part II, III and IV given for purposes of payment of stamp on the said Parts, II, III and IV and the value given against Part I which is also given for the purpose of payment stamp duty and registration charges, the partition hereby made is fair and equitable and that while of the one hand the agreed real value of each of Parts II, III and IV is equal on the other hand, the total of the agreed real value of Parts II, III and IV is equal to the agreed real value of Part I.
(iv) That the expression first party, second party, third party and fourth party, shall, unless there by anything contrary thereto in the context, mean and include, their respective heirs, survivors, successors, representatives and assigns.
Part I
Part II
Part III
In witness whereas the parties hereto have executed this deed on the date first hereinabove mentioned.
Witnesses:
1.
(First Party)
2.
(Second Party)
3.
(Third Party)
4.
(Fourth Party)
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