Separation of the Share of one Co-owner from the rest of the Estate by Shiva.

Separation of the Share of one Co-owner from
the rest of the Estate

THIS DEED OF PARTITION is made on the . . . . . . . . day of . . . . , 20 . . . . . . . . BETWEEN A.B. etc. and C.D. and E.F. minors, sons of the said A.B., acting through their natural guardian the said A.B. of the one part AND X.Y. etc. of the other part.

WHEREAS

(1) The late M.N. uncle of the said X.Y. and father of the said A.B. was the owner of the properties mentioned in the First and Second Schedules hereto which are valued at Rs. . . . . . . . . . . . ;

(2) Disputes having arisen between the said X.Y. and A.B. about the right to succeed to the said property  they were settled by a compromise effected between them on the . . . . . . . . day of . . . . . . , 20 . . . . . . . . under which it was agreed that the said X.Y.  should get a 1/6th share in the said estate of the said M.N. and the remaining 5/6th should remain with the said A.B.;

(3) The said C.D. and E.F. being the sons of A.B. have rights by birth in the said 5/6th share;

(4) The said A.B. being in possession of the said entire estate has been paying 1/6th share of the net profits thereof to the said X.Y.; and

(5) The said X.Y. being desirous of separating her 1/6th share by partition applied to the said A.B. and the said A.B. accordingly prepared certain lots of partition, out of which one lot comprising the property described in the First Schedule hereto and representing approximately 1/6th share of the entire estate comprised in the First and Second Schedules was selected by the said X.Y., and  the said A.B. on his own behalf and on behalf of the said C.D. and E.F. has agreed that the same should be given to her and the parties have further agreed that as the value of the property in the First Schedule exceeds 1/6th of the entire estate by Rs . . . . . . . . the said X.Y. should pay that sum to the said A.B., C.D. and E.F. and that the said sum be deducted from the amount  of her share of profits payable by the said A.B., C.D. and E.F. for the year . . . . . . . .

NOW THIS DEED WITNESSES as follows:

1. In pursuance of the aforesaid agreement and in consideration of the transfer by the said X.Y. hereinafter contained and of the sum of Rs . . . . . . . .to be paid by the said X.Y. as hereinafter  stipulated, the said A.B. on his own behalf and on behalf of the said C.D. and E.F. hereby grants and conveys to the said X.Y. ALL that undivided 5/6th share of the said A.B., C.D. and E.F. in the property mentioned in the First Schedule hereto TO HOLD the same to the said X.Y. henceforth in severalty.

2. In further pursuance of the aforesaid agreement and in consideration of the transfer hereinbefore contained the said X.Y. hereby grants and conveys to the said A.B., C.D. and E.F. ALL that undivided 1/6th share in the property described in the Second Schedule hereto TO HOLD the same to the said A.B., C.D. and E.F. henceforth in severalty.

3. The said A.B. on his own behalf and on behalf of the said C.D. and E.F. and the said X.Y. hereby agree with each other as follows:

(1) The said A.B., C.D. and E.F. may deduct from the profits payable by them to the said X.Y. for the year . . . . . . . . a sum of Rs . . . . . . . .payable by her as hereinbefore mentioned;

There is no encumbrance 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 each party has been allotted to it subject to any encumbrance or charge attaching thereto and the other party shall not be liable for any part of the same.)

IN WITNESS WHEREOF etc.

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