Partition of a Debutter Estate
This deed of partition made on this 5th day of October 2000 between ……… AB, son of ……… by religion Hindu by occupation ……… hereinafter referred to as party of the first part and CD, son of ……… residing at ……… by religion Hindu by occupation ……… hereinafter referred to as party of the second part and Sree Sree ……… Jew a deity consecrated and established by late ……… the grand father of the parties of the first and second parts at present located at the place of worship at premises No. ………… which belongs absolutely to the deity, of the third part represented by the parties hereto as their present shebaits:
Whereas the estate of the said deity consists of the properties namely the said premises No. ……… and other properties altogether mentioned and described in Schedule A & B under an endowment created by the said ……… many years ago and whereas the properties in Schedule “B” are the parent estate of the deity which were expressly dedicated to be used as place of worship and sacrifice (which are inpartiable) and whereas the said late ……… acted as shebait of the said deity ever since the endowment was created until his death which occurred on ……… and whereas upon the death of the said ……… the parties hereto who are his grandsons by a predeceased son became shebaits and have been as such jointly performing the daily seva puja and the periodical worships of the said deity and whereas the parties are also jointly in possession of the other properties belonging to the deity which they acquired out of the income of the debutter estate and whereas the parties also developed the properties out of their personal funds and resources which are all mentioned in Part I of Schedule “A” by constructing two pucca buildings thereon of which they have let out the ground floor and live in the first floor with the members of their respective families and whereas the parties have thus acquired a personal or proprietary interest in the said properties.
And whereas disputes and differences having arisen between the parties as to performance and non-performance of the seva and puja of the deity, apportionment of the income of the debutter estate their rights, duties, obligation and responsibilities and to avoid confusion on the subject the parties have agreed to discharge the functions attached to their offices as shebaits severally and to worship the deity by turns, i.e. by palas on grounds of necessity and convenience and to manage and administer the debutter properties by partition or division thereof into two lots as hereunder appearing and whereas such partition being also necessary for the sake of convenience of the parties and benefit of the deity and its estate without any detriment to and in conformity with the trust or obligation attached thereto they have agreed to the sequence as follows, viz. that they should perform the daily seva and puja by turns, viz. by palas, viz. that the party of the first part shall do the same for the Bengali months of Baisakh, Ashar, Bhadra, Kartick, Pous and Falgoon and the party of the second part for the months of Jaistha, Sravan, Ashwin, Agrahan, Magh and Chaitra every year with effect from the beginning of the next Bengali year and the debutter estate shall be partitioned as hereunder provided.
Now this indenture of partition of debutter estate witnesseth that on and from the beginning of next Bengali year the parties shall perform the daily worship and periodical festivals of the deity according to their respective palas, viz. that the party of the first part shall perform the seva and puja alternatively for the months and the party of the second part for the months as hereinbefore stated and, further and without destroying the intrinsic value of the estate and for facilities for better enjoyment and administration of the estate of the deity the party of the first part as shebait of the deity do hereby grant, transfer, assign in favour of the party of the second part, the property fully mentioned and in Lot I of Schedule “A” hereto to have and to hold and manage the same in severalty as shebait of the deity free from all rights in common without any detriment to the interest of the deity and subject to performance of the daily seva and periodical worships for the months hereinbefore mentioned which will be a first charge on the same and this indenture witnesseth that the party hereto of the second part do hereby and hereunder accordingly grant, transfer, assign unto and to the use of the party of the first part the property mentioned in Schedule “B” hereto To Have and To Hold the same in severalty as shebait of the deity free from all rights in common without any detriment to the interest of the deity subject to performances of the daily seva and puja and periodical worships of the deity for the months hereinbefore mentioned which will be a first charge on the same and this indenture further witnesseth and it is agreed by and between the parties that the properties, viz. the temple and thakurdalan and the place of sacrifice mentioned in Schedule “B” shall remain as absolute debutter without any claim for partition by any of the parties or any other right thereto on any account under any circumstances subject to peaceful occupation and enjoyment and in all cases for the exclusive performance of the daily seva and periodical worships.
Lot I: Description of the property allotted to the party of the first part.
Lot II: Description of the property allotted to the party of the second part.
Properties which will remain in exclusive possession of the deity.
In witness whereof the parties have hereunto set and subscribed their respective hands and seal the day, month and year first above-written.
Signed, sealed and delivered at Calcutta in the presence of: