DEED OF PARTITION IN JOINT HINDU FAMILY (WITH CASH)





THIS PARTITION is made the ________ day of ________ 20 ________ BETWEEN AA. etc________ of the First Part AND CC. etc_______ of the Second Part AND BB. etc________ of the Third Part.

WHEREAS the parties hereto being in possession as absolute joint owners in equal shares free from all encumbrances whatsoever the houses, gardens, lands and premises more specifically described in the Schedules marked ‘‘A’’, ‘‘B’’, ‘‘C’’, made part of this deed have agreed with each other to put an end to their community of ownership and to divide the properties contained in the said schedules for the purposes of the same being separately and individually owned, possessed and enjoyed;

AND WHEREAS the said AA., who assumed Kart ship of the family now comprising the parties hereto on the ________, that is, on the death of DD., father of the parties hereto, has rendered full account for the period beginning with the said date, to the date hereof and no moneys, claim or charges are due and owing by any of the parties hereto against him or any other co-sharer;

AND WHEREAS AA. is prepared to pay a sum of Rs. 500 to each of the remaining parties for the purposes of equalizing the shares.

NOW THEREFORE THIS DEED WITNESSES:

1. That in pursuance of the said agreement and in consideration of the premises, the said AA. and the said CC. as absolute owners hereby transfer free of all encumbrances and convey absolutely unto and to the use of the said BB. their two-thirds shares in the houses, gardens, lands and premises AND the said BB. shall hereafter hold the properties described in Schedule ‘‘A’’, absolutely and forever.

2. That in pursuance of the said agreement and in consideration of the premises and the payment of the sum of Rs. 500 each by AA. to CC. and BB., which sums the said CC and BB. hereby individually acknowledge as having received, the said CC. and BB. as absolute owners hereby transfer free of all encumbrances and convey absolutely unto and to the use of the said AA. their two-thirds share in the houses, gardens, lands and premises AND the said AA. shall hereafter hold the properties described in Schedule ‘‘B’’ absolutely and forever.

3. That in pursuance of the said agreement and in consideration of the premises, the said BB. and the said AA. as absolute owners hereby transfer, free of all encumbrances, and convey absolutely unto and to the use of the said CC. their two-thirds share in the houses, gardens, lands and premises AND the said CC. shall hereafter hold the properties described in Schedule ‘‘C’’ absolutely and forever.

4. That as the documents of titles mentioned in List ‘‘D’’ pertain to the properties subject of this partition and are common, it is hereby mutually agreed that the said AA. shall as custodian for and on behalf of all the parties keep the same upon the express condition that whenever needed by the parties, the said AA. shall produce the same for inspection of, and allow copies to be made, if so desired.

5. That the value of each share shown in detail in the Schedules hereto is Rs ________. which is the value for the purposes of stamp duty.

6. That this deed is being executed in triplicate, the original stamped copy shall be kept with the said AA. and the duplicates bearing the registry endorsements by the remaining parties.

IN WITNESS whereof the said AA., CC. and BB. have hereto signed at ________. this the first day of ________. 20 ________.

Witness:

Sd. AA.

Sd. CC.

Sd. BB.

SCHEDULE ‘‘A’’ (property with valuation).

SCHEDULE ‘‘B’’ (property with valuation).

SCHEDULE ‘‘C’’ (property with valuation).

SCHEDULE ‘‘D’’ (list of documents of title).