Partition Deed
Partition Deed
Partition Deed
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 WHEREAS 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 WHEREAS 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 crore and the property in the Second Schedule was valued at Rs. 3 crore.
AND WHEREAS the value of the property described in the Second Schedule is less by Rs.10
lac than the value of the other property, D agreed to pay a sum of Rs. 10 lakh to P to compensate for
the deficiency in price or value of the share of P.
AND WHEREAS on the aforesaid basis the parties herein have partitioned the said two
properties in the manner indicated above.
AND WHEREAS the parties hereto here by record the said partition.
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 to the 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.
IN WITNESS WHEREOF, the parties herein have signed and delivered these presents on the
day month and year first above written.
2.
Deed of Partition between members of Joint Hindu Family THIS DEED OF PARTITION is made at ... this ... day of ...
between Mr. A, residing at . . . . . . . hereinafter called “the Party of the First Part, “Smt. B, hereinafter called “the
Party of the Second Part” Mr. C, hereinafter called the Party of “the Third Part” and (1) Kumari D. and (2) Kum. E,
minors under the age of 18 years, by their father and natural guardian, the Party of the First Part hereinafter called
“the Parties of the Fourth Part” WHEREAS - 1. The Parties hereto are members of a joint and undivided Hindu family,
the Party of the First Part being the Karta or Manager thereof, the Party of the Second Part being the wife, Party of
the Third Part being the son and Parties of the Fourth Part being the unmarried daughters of the Party of the First
Part. 2. The joint family, so constituted, is possessed of or otherwise well and sufficiently entitled, inter alia to
immoveable properties, situated at ... and more particularly described in the Schedules hereunder written. 3. The
Parties of the First and Third Parts are thinking of starting their independent businesses and they do not desire to
involve the joint family properties in such business and with this end in view and for diverse other reasons it was
orally agreed between the parties hereto that there should be an amicable separation of the joint family
immoveable properties and that necessary documents be executed between the parties hereto, transferring their
respective shares and interest therein in favour of such parties to whom portions thereof are to be allotted. 4. The
Parties of the Fourth Part being the unmarried female members of the said joint Hindu family and daughters of the
Party of the First Part, they are only entitled to maintenance till marriage and marriage expenses, out of the joint
family immoveable properties, and it is, therefore agreed between the Parties hereto that in satisfaction of such
right the Parties of the First, the Second and Third Parts should contribute a sum of Rs... each out of their shares, so
that each of the parties of the Fourth Part shall get a sum of Rs... as provision for marriage expenses and mainte -
nance till marriage. 5. It has been agreed that the Party of the First Part should take the land, and premises more
particularly described in the First Schedule here - under written and valued at Rs... in severalty, for and on account of
his share in the joint family immoveable properties, the Party of the Second Part should take the land and premises
more particularly described in the Second Schedule hereunder written and valued at Rs. ... in severalty for and on
account of her share and the Party of the Third Part should take the land and premises more particularly described in
the Third Schedule hereunder written and valued at Rs. ... for and account of his share in the joint family properties
as from the ... day of ... THIS IS JUST A FORMAT. Kindly take proper Legal Advise for Drafting Document as per your
requirements. www.advocateshah.com DEED OF PARTITION BETWEEN MEMBERS OF JOINT HINDU FAMILY 715 6.
For the purpose of Stamp duty the land and premises hereby intended to be partitioned and more particularly
described in the said Schedules hereunder written are valued at Rs... and stamp duty is being paid on the respective
shares allotted to the Parties of the First and Second Parts of the aggregate value of Rs... the value of the share
allotted to the Party of the Third Part being excluded. NOW THIS DEED WITNESSETH that in pursuance of the said
agree - ment and in consideration of the premises, they the Parties of the Second, Third and Fourth Parts according
to their respective rights, shares, and interests do and each of them doth hereby grant, release and confirm unto the
Party of the First Part forever All Those pieces or parcels of land, and premises more particularly described in the
First Schedule hereunder written, Together with all the things attached thereto or standing thereon and embedded
therein and all the easements, profits, privileges, advantages and rights, appurtenances whatsoever to the said
premises belonging or in anywise appurtaining with the same or any part thereof now or at any time heretofore
usually held, used occupied or enjoyed and All the estate right, title and interest whatsoever both at law and equity
of the Parties of the Second, Third and Fourth Parts into or upon the said premises TO HAVE AND TO HOLD the
premises hereby granted released and confirmed or intended so to be unto and to the use of the Party of the First
Part for - ever subject to payment of all rents, taxes, assessments, dues and duties now chargeable upon the same or
which may hereafter become payable in respect thereof either to the State Govt. or the Municipal Corporation or
any other local authority And they the Parties of the Second, Third and Fourth Parts do and each of them doth
hereby covenant with the Party of the First Part that notwithstanding any act, deed, matter or thing what - soever by
the Parties of Second, Third and Fourth Parts respectively or any person or persons lawfully or equitably claiming or
to claim by, from, through, under or in trust for them made, done or knowingly suffered to the contrary they now
have good right, full power and absolute authority to grant release and confirm the said premises unto and to the
use of the Party of the First Part free from encumbrances in manner aforesaid AND THAT the Party of the First Part
shall and may at all times hereafter peaceably and quietly enter upon, have, hold, occupy, possess and enjoy the said
premises and receive the rents issues, and profits thereof to and for his own use and benefit without any suit,
eviction, interruption, claim or demand whatsoever from or by them the Parties of the Second, Third and Fourth
Parts or any of them or any person or persons lawfully or equitably claiming or to claim by from under or in trust for
them or any of them AND THAT free and clear and freely and clearly and absolutely exonerated and forever
discharged or otherwise by the Parties of the Sec - ond, Third and Fourth Parts well and sufficiently saved and
defended and kept harmless and indemnified of from and against all former and other estates, titles, charges, and
encumbrances whatsoever had made, executed, occasioned or suffered by them or by any other person or persons
lawfully or equitably claiming or to claim by, from, under or in trust for them or any of them AND FURTHER that they
the Parties of the Second, Third and Fourth Parts and all persons having or lawfully or equitably claiming any estate
or interest in the said premises or any part thereof from, under or in trust for them or any of them shall and will
from time to time and at www.advocateshah.com 716 DEED OF PARTITION BETWEEN MEMBERS OF JOINT HINDU
FAMILY all times hereafter at the request and costs of the Party of the First Part do and execute or cause to be done
and executed all such further and other acts, deeds, things conveyances and assurances in the law whatsoever for
the better and more perfectly assuring the said premises and every Part thereof unto and to the use of the Party of
the First Part in manner aforesaid as by him the Party of the First Part or his Counsel in law shall be reasonably
required. AND THIS DEED ALSO WITNESSETH that in pursuance of the said agreement and in consideration of the
premises, they the Parties of the First, Third and Fourth Parts, according to their several rights, shares and interest,
do and each of them doth hereby grant, release and confirm unto the Party of the Second Part forever all those
pieces or parcels of land and premises more particularly described in the Second Schedule hereunder written,
together with all the things attached thereto and standing thereon or embedded therein and all the easements,
profits, privileges, advantages and rights, appurtenant whatsoever to the said premises belonging, or in anyway
appurtaining with the same or any part thereof now or at any time hereafter usually held used occupied or enjoyed
and all the estate, right, title and interest whatsoever both at law and equity of the Parties of the First, Third and
Fourth Parts into or upon the said premises TO HAVE AND TO HOLD the premises hereby granted, released and
confirmed or intended so to be unto and to the use of the Party of the Second Part forever subject to all rents, taxes,
assessments, due and duties now chargeable upon the same or which may hereafter become payable in respect
thereof either to the State or the Municipal Corporation or any other local authority And they the Parties of the First,
Third and Fourth Parts do and each of them doth hereby covenant with the Party of the Second Part that
notwithstanding any act, deed, matter or thing whatsoever by the Parties of the First, Third and Fourth Parts
respectively or any person or persons lawfully or equitably claiming or to claim by, from, through, under or in trust
for them made, done or know - ingly suffered to the contrary they now have good right, full power and absolute
authority to grant, release and confirm the said premises unto and to the use of the Party of the Second Part free
from encumbrances in manner aforesaid AND THAT the Party of the Second Part shall and may at all times hereafter
peaceably and quietly enter upon, have hold, occupy, possess and enjoy the said premises and receive the rents
issues and profits thereof to and for her own use and benefit without any suit, eviction, interruption, claim or
demand whatsoever from or by them the parties of the First, Third and Fourth Parts or any of them or any person or
persons lawfully or equitably claiming or to claim by, from, under or in trust for them or any of them AND that free
and clear and freely and clearly and absolutely exonerated and forever discharged or otherwise by the Parties of the
First, Third and Fourth Parts well and sufficiently saved and defended and kept harmless and indemnified of, from
and, against all former and other estates, titles, charges and encumbrances whatsoever had made, executed,
occasioned or suffered by them or by any other per - son or persons lawfully or equitably claiming or to claim by,
from, under or in trust for them or any of them AND FURTHER that they the Parties of the First, Third and Fourth
Parts and all persons having or lawfully or equitably claiming any estate or interest in the said premises or any part
www.advocateshah.com 717 thereof from under or in trust for them or any of them shall and will from time to time
and at all times hereafter at the request and costs of the Party of the Second Part do and execute or cause to be
done and executed all such further and other acts, deeds, things, conveyances and assurances in the law whatsoever
for the better and more perfectly assuring the said premises and every part thereof unto and to the use of the Party
of the Second Part in manner aforesaid as by her the Party of the Second Part or her counsel in law shall be
reasonably required. AND THIS DEED ALSO WITNESSETH that in pursuance of the said agreement and in
consideration of the premises they the Parties of the First, Second and Fourth Parts according to their respective
rights, shares and interest do and each of them doth hereby grant, release and confirm unto the Party of the Third
Part forever all those pieces or parcels of land more particularly described in the Third Schedule hereunder written
Together with all the things attached thereto and standing thereon or embedded therein and also all easements,
profits, privileges, advantages and appurtenances whatsoever to the said premises belonging or in any - way
appurtaining or with the same or any part thereof now or at any time hereafter usually held, used, occupied or
enjoyed and all the estate, right, title and interest whatsoever both at law and equity of the Parties of the First,
Second and Fourth Parts into or upon the said premises TO HAVE AND TO HOLD the premises hereby granted,
released and confirmed or intended so to be unto and to the use of the Party of the Third Part forever subject to
payment of all rents, taxes, assessments, dues and duties now chargeable upon the same or which may hereafter
may become payable in respect thereof either to the State Govt. or the Municipal Corporation or any other local
authority and they the Parties of the First, Second and Fourth Parts do and each of them doth hereby covenant with
the Party of the Third Part that notwithstanding any act, deed, matter or thing what - soever by the Parties of the
First, Second and Fourth Parts respectively or any person or persons lawfully or equitably claiming or to claim by
from through, under or in trust for them made done or knowingly suffered to the contrary they now have good right,
full power and absolute author - ity to grant release and assure the said premises unto and to the use of the Party of
the Third Part free from encumbrances in manner aforesaid AND THAT the Party of the Third Part shall and may at all
times hereafter peaceably and quietly enter upon, have, hold, occupy, possess and enjoy the said premises and
receive the rents, issues and profits thereof to and for his own use and benefit without any suit, eviction,
interruption, claim or demand whatsoever from or by them the Parties of the First, Second and Fourth Parts or any
of them or any person or persons lawfully or equitably claiming or to claim by from under or in trust for them or any
of them AND THAT free and clear and freely and clearly and absolutely exonerated and forever discharged or
otherwise by the Parties of the First, Second, and Fourth Parts well and sufficiently saved and defended and kept
harmless and indemnified of, from and against all former and other estates, titles, charges and incumbrances
whatsoever had made, executed, occasioned or suffered by them or by any other person or persons lawfully or
equitably claiming or to claim by from under or in trust for them or any of them AND FURTHER that they the Parties
of the First, Second and Fourth Parts and all persons having or lawfully or equitably claiming any DEED OF PARTITION
BETWEEN MEMBERS OF JOINT HINDU FAMILY www.advocateshah.com 718 DEED OF PARTITION BETWEEN
MEMBERS OF JOINT HINDU FAMILY estate or interest in the said premises or any part thereof from, under, or in
trust for them or any of them shall and will from time to time and at all times hereafter at the request and costs of
the Party of the Third Part do and execute or cause to be done and executed all such further and other acts, deeds,
things and assurances in the law whatsoever for the better and more perfectly assuring the said premises and every
part thereof unto and to the use of the Party of the Third Part in manner aforesaid as by him the Party of the Third or
his Counsel in law shall be reasonably requiredAND THIS DEED ALSO WITNESSETH that in further pursuance of the
said agreement and in consideration of the premises they, the Parties of the Fourth Part do and each of them doth
hereby acknowledge the receipt of the sum of Rs... each paid by the Parties of the First, the Second and the Third
Parts to them the Parties of the Fourth Part (receipt acknowledged) as provision for their marriage expenses and
maintenance till marriage and the Parties of the Fourth Part hereby declare that they have now no claim whatsoever
either against the Parties of the First, Second and Third Parts and the immoveable properties more particularly
described in the said Schedules hereunder written for their marriage expenses and main - tenance till marriage. And
the Party of the First Part as the father and natural guardian of the Parties of the Fourth Part doth declare that he
will hold the said two amounts of Rs.. . . . . . . . each as trustee for the benefit of each of the Parties of the Fourth Part
respectively until each of them attains majority and in the meanwhile he will invest the amounts in appropriate
securities and spend the income therefrom for the main - tenance and education of the said minors and on each of
them attaining majority that is completing 18 years of age shall hand over the corpus of the said amount to her or
them. THE FIRST SCHEDULE ABOVE REFERRED TO x x x x THE SECOND SCHEDULE ABOVE REFERRED TO x x x x THE
THIRD SCHEDULE ABOVE REFERRED TO x x x x IN WITNESS WHEREOF the parties hereto have hereunto set and
subscribed their respective hands the day and the year first hereinabove written. Signed and Delivered by the )
withinnamed party of the ) First Part ... in the presence ) of ... ) Signed and Delivered by the ) withinnamed Party of
the ) Second Part ... in the ) presence of ... ) www.advocateshah.com DEED OF PARTIAL PARTITION 719 Signed and
Delivered by the ) withinnamed Party of the ) Third Part ... in the ) presence of... ) Signed and Delivered by the )
withinnamed Party of the ) Fourth Part (1) ... ) (2) ... minors by their father ) and natural guardian, ... in ) the presence
of ... )
BETWEEN
AND
AND
Mr.______, S/o______, R/o_______ of the third part; all three after it collectedly referred to as
parties and individually as the first party, second party and third party respectively, which expression
is inclusive of their related successors, heirs representatives and assigns.
WHEREAS
1. The parties consist a Hindu undivided family ruled by the Mitakshara School of Hindu law. By mutual
consent, the parties, on the ___ day of ___ adjudged for doing a total partition of assets/properties of
the Hindu undivided family. Per this decision, a division of the properties/assets was made on the
_________ by mutual consents, convincing all the parties by it. share of each party was delivered and
transferred in his name in the municipal records.
2. It is intended, that the parties may not controvert all the assets of the family laid in Schedule A to
this deed, were partitioned.
1. The first party, the second party and the third party, consisting a Hindu undivided family having
separated from each other and have divided the family assets as detailed in Schedule A of this deed.
2. assets were divided by parties into three parts, the following division between the parties has been
adjudged upon;
Party of the third part……… All the property given in Schedule III
3. Each of the above stated parties is and shall be complete owner of property as given to him as per
clause 2 above. None other party shall bear any rights, title or interest in those assets after it.
4. This partition was made by mutual agreement, leaving no power to any party in assailing on any
ground whatsoever.
5. The first party shall keep original deed of partition. A true copy signed by all the parties shall be
kept by other parties, which true copy shall be considered as effective as the original deed for all
purposes and intents.
IN WITNESS WHEREOF, the parties to this deed have set their hands in the presence of
______________________
______________________
______________________
Witnesses:
1.