Agreement withnesseth and it is hereby agreed by and between the parties Hereto by Gupta

V6_CH49

partition is compulsorily registrable?Bhaggal v Rangilal AIR 1986 All 163;
Mennalal v Surajbhan, AIR 1975 SC 1119; Roshan v Zile AIR 1988 SC 881;
Chandrawati v Lakshmi Chand, AIR 1988 Del 13.
When the recitals of the document clearly show that it is a partition deed and
not a document reciting earlier partition, it is compulsorily registrable?G.
Sarangapani v. H. Kanakaiah (1996)2 ICC 491 (AP).
Even if the panchayati butwara is in writing, it requires registration.  But such
an unregistered butwara can be looked into for collateral purposes?Khosilal v
Ram Ratan 2000 AIHC 498 (Pat).
Partition deed being not registered is not admissible in evidence for the
purpose of proving the terms and conditions of the document, but it can be
admitted in evidence for collateral purpose of proving the factum of partition and
nature of possession of the parties to the document?Kaheeda v Iqbal Ali
(1998)4 ICC 79 (AP).
Partition lists which are mere records of previously completed partition
between the parties can be admitted in evidence though they are unregistered,
to prove the fact of partition?K.C. Thimma Reddy v. K.  Govinda Reddy 1999
AIHC 1684.
FORMS
1
Deed of Partition of Immovable Properties between several
Co-heirs governed by Dayabhaga law
THIS INDENTURE made etc. BETWEEN A. etc.  of the First Part B. etc. of the
Second Part C. etc.  of the Third Part D. etc. of the Fourth Part and E. etc. of the
Fifth Part.
WHEREAS X, who was a Hindu governed by the Dayabhaga school of Hindu
law died intestate in or about the year 1980 leaving him surviving the Parties
hereto of the First and Second Parts his two sons and the Party hereto of the
Third Part his sole widow as his heirs and legal representatives and also the
Parties hereto of the Fourth and Fifth Parts his two adult and unmarried
daughters.
AND WHEREAS the hereditaments mentioned and described in the First,
Second, Third and Fourth Schedules hereunder written (hereinafter collectively
referred to as  ?the said several premises?) constitute the entirety  of the
immovable properties left by the said deceased and are divisible among his heirs
aforesaid.
AND WHEREAS each of the Parties hereto is absolutely entitled to an
undivided one-fifth share of and in the said several premises.
AND WHEREAS the parties hereto are desirous of effecting an amicable
partition of the said several premises in manner hereinafter appearing.
Ch. 49] PARTITION?FORMS 437438 CONVEYANCING, DRAFTING & DEEDS [Ch. 49
AND WHEREAS upon the treaty of these presents the amount respectively
payable and receiveable as owelty or compensation for the purpose of equalising
the said partition has been apportioned in the manner following, that is to say,
the Party hereto of the First Part shall pay to the Party hereto of the Second Part
the sum of Rs………. the Party hereto of the Second Part shall pay to the Party
hereto of the  Third Part the sum of Rs………….., the Party hereto of the  Third Part
shall pay to the party hereto of the Fourth Part the sum of Rs………….. and the
party hereto of the Fourth Part shall pay to the party hereto of the Fifth Part the
sum of Rs………
AND WHEREAS for the purpose of stamp duty to be paid on these presents
the said several premises are hereby collectively valued at Rs………  so that the
value of an undivided one-fifth share therein of each of the Parties hereto of the
First, Second and Third Parts comes to Rs………
NOW THIS INDENTURE WITNESSETH:
1. That in lieu of his undivided one-fifth share of and in the said several
premises the hereditaments mentioned and described in the first schedule
hereunder written be and the same are hereby allotted to the Party hereto of
the First Part to be by him henceforth held, enjoyed and possessed in severalty
absolutely.
2. That in lieu of his undivided one-fifth share of and in the said several
premises the hereditaments mentioned and described in the Second Schedule
hereunder written be and the same are hereby allotted to the Party hereto of
the Second Part to be by him henceforth held, enjoyed and possessed in
severalty absolutely.
3. That in lieu of her undivided one-fifth share of and in the said several
premises the hereditaments mentioned and described in the third schedule
hereunder written be and the same are hereby allotted to the Party hereto of
the Third Part to be by her held, enjoyed and possessed in severalty absolutely.
4 & 5. [Insert conveyance in similar terms to clause No. 1], supra, for the
Parties hereto of the Fourth and. Fifth Part of the Property described in the fourth
and fifth schedules respectively.]
AND THIS INDENTURE ALSO WITNESSETH that in further pursuance of the
said agreements and in consideration of the premises and of the allotments
aforesaid and of the payment by the Party hereto of the First Part to the Party
hereto of the Second Part of the sum of Rs………….. and by the Party hereto of
the Second Part to the Party hereto of the Third Part of the sum of Rs…………
and by the Party hereto of the Third Part to the Party hereto of the Fourth Part
of the sum of Rs………….. and by the Party hereto of the Fourth Part to the Party
hereto of the Fifth Part of the sum of Rs………. as owelty or compensation
aforesaid (the receipt whereof the Parties hereto of the second to fifth parts
hereby respectively admit and acknowledge).  Each of  the Parties hereto by these
presents release unto the others of them the hereditaments separately allotted
to such others and the respective appurtenances thereto TO THE INTENT that
such release shall operate as a cesser of his or her interest therein but not so
as to prevent the vesting in the Parties hereto of the first to fifth parts of thehereditaments mentioned and described in the first to fifth schedules hereunder
written and the respective appurtenances thereto.
AND the parties hereto mutually covenant that they have not done, omitted
or knowingly suffered or been party or privy to any act, deed or thing whereby
the said several premises have in any way been affected or encumbered or
whereby they are prevented from making the said allotments or from releasing
in manner aforesaid.
AND that they shall henceforth peaceably and quietly hold, possess and enjoy
the hereditaments and appurtenances thereto hereby separately allotted to each
of them according to the true intent and meaning of these presents.
AND further that they shall do and execute or cause to be done and executed
all such acts, deeds and things for further and more perfectly effectuating the
said partition and separation as shall or may be reasonably required.
(Add if necessary)
AND the parties hereto agree and undertake to make or carry out within a
period of…………… months from the date of these presents the additions and
alternations specified in the sixth schedule hereunder written to the here-
ditaments hereby allotted to each of them at his or her own expense so as to
bring about a complete partition and separation hereby intended.
AND IT IS HEREBY AGREED AND DECLARED that none of the parties hereto
shall have or be entitled to claim any right or manner of easement by way of
support or access of air or light or of flow of water or otherwise howsoever over
or under the hereditaments hereby allotted to the others of them.
THE FIRST SCHEDULE ABOVE REFERRED TO :
(Description of the property allotted to A)
THE SECOND SCHEDULE ABOVE REFERRED TO :
(Description of the property allotted to B)
THE THIRD SCHEDULE ABOVE REFERRED TO :
(Description of the property allotted to C)
THE FOURTH SCHEDULE ABOVE REFERRED TO:
(Description of the property allotted to D)
THE FIFTH SCHEDULE ABOVE REFERRED TO :
(Description of the property allotted to E)
THE SIXTH SCHEDULE ABOVE REFERRED TO :
(Set out additions and alterations to be made to each property)
IN WITNESS etc………
[Signatures of all parties]
Ch. 49] PARTITION?FORMS 439440 CONVEYANCING, DRAFTING & DEEDS [Ch. 49
2
Memorandum of Oral Partition of a Two-storeyed Building
[Short Form]
THIS MEMORANDUM OF PARTITION is made this………..day of……… Two
thousand………………… BETWEEN (1) A.B. wife of M.N. by caste Buddhist, by
occupation house-hold, residing at……………  hereinafter referred  to as  ?the party
of the FIRST PART? (which term or expression unless excluded by or repugnant
to the context shall mean and include her heirs, executors, administrators, legal
representatives and assigns) AND (2) C.D. son of M.N. by caste Buddhist, by
occupation Artist, residing at…………..  hereinafter referred to as  ?the party of the
SECOND PART? (which term or expression unless excluded by or repugnant to
the context shall mean and include his heirs, executors, administrators, legal
representative and assigns) AND (3) E.F. wife of R.S. and daughter of the said
M.N. by caste Hindu, by occupation house-hold, residing at……..  hereinafter
referred to as ?the party of the THIRD PART?  (which term or expression unless
excluded by or repugnant to the context shall mean and include her heirs,
executors, administrators, legal representatives and assigns).
WHEREAS by a Deed of Conveyance dated………..  registered in the office of
the District-Sub-Registrar at…………  in Book No………..  Volume No………….
pages…….  to……… Being No………… for the year………… the parties hereto, out
of their joint funds and equal contribution, purchased a plot of land situated in
Mouza……….  P .S……….  Sub-Registration Office………….. District…………. within
the limits of the then………… Anchal Panchayat now within the jurisdiction of
the…………  Municipal Corporation, containing an area of………….  Cottahs………
Chittaks and ………square feet of land comprising Scheme Plot No……… within
part of R.S. Plot No……… in Block No……….. now known as premises No…………
AND WHEREAS all the three parties by making joint investments from their
respective funds had constructed a two-storied brick-built dwelling-house along
with Mezzanine floor and Garrage therein as fully described in Schedule ?A?
hereunder.
AND WHEREAS the parties hereof were in joint possession and enjoyment
of the said building, each occupying a separate portion thereof according to his
or her respective mutual convenience.
AND WHEREAS after remaining in joint possession and enjoyment of the said
building in the manner aforesaid for sometime it was felt expedient and decided
by the parties to partition and subdivide the said building amongst themselves
amicably in equal shares of equal valuation, in order to avoid any future dispute
and differences.
AND WHEREAS pursuant to the said decision and agreement the said building
was partitioned and divided by and between the parties orally and amicably on
or about………….  and each was allotted as his or her respective share a well-
defined and demarcated portion of the said building then under occupation byeach of them as stated hereinafter and fully described in the Schedule hereunder
and also delineated and demarcated in the Plan annexed hereto.
AND WHEREAS according to the terms of the said agreement and amicable
partition the property described in Schedule ?B?  was allotted to the First Party
the said A.B. and the property described in Schedule ?C?  was allotted to the
Second Party the said C.D. and the property described in Schedule ?D?  was
allotted to the Third Party the said E.F.
AND WHEREAS pursuant to the said agreement and amicable partition the
parties hereto have been continuing in lawful possession and enjoyment in
severalty absolutely against each other without any claim, demand or interrup-
tion whatsoever of their respective allotments in the said building as fully
described in the Schedule hereunder and also demarcated in the plan annexed
hereto, by recording their respective individual names in the Municipal and
Revenue Records and collecting the rents, issues and profits thereof accord-
ingly.
AND WHEREAS in the circumstances aforesaid the said A.B. became the sole
absolute and exclusive owner of the property described in Schedule  ?B?
hereunder and the said C.D. became the sole, absolute and exclusive owner of
the properties described in Schedule ?C?  hereunder and the said E.F. became
the sole absolute and exclusive owner of the properties described in Schedule
?D? hereunder together with proportionate share in all common areas, sewers,
drains, water, water courses, lights, liberties, easements, appendages and
appurtenances whatsoever in respect of the said properties.
AND WHEREAS the parties had accepted the said partition as fair, final,
conclusive and binding on them.
NOW BY THIS MEMORANDUM the parties place on record, declare and
confirm the said partition as final, conclusive and binding on the parties to all
intents and purposes and not liable to be reopened under any circumstances.
SCHEDULE ?A?  ABOVE-REFERRED TO:
(Description of the Building)
ALL THAT the two-storied brick-built building TOGETHER WITH the messuage
land measuring…………….. Cottahs……………….. Chittak and…………  square feet
more or less lying and situate within Mouza………………  J.L. No……………………
Sub-Registration Office………………….District……………….  being Scheme Plot
No……………….  and part of R.S. Plot No………………. in Block No………………., now
known as premises No……………….  within the limit of………………. Municipal
Corporation, butted and bounded as follows:
On the North : Plot No………………
On the South : 20′ feet wide Road
On the East : Plot No………………
On the West : Plot No……………..
Ch. 49] PARTITION?FORMS 441442 CONVEYANCING, DRAFTING & DEEDS [Ch. 49
SCHEDULE ?B?  ABOVE-REFERRED TO :
(Allotted to A.B.)
ALL THAT the front portion of the entire first-floor flat consisting of two bed
rooms, one drawing room, one kitchen, two toilets, one dinning space, one store-
room and wardrobe TOGETHER WITH the entire open terrace in back portion of
the said floor lying and situate on the portion of the premises no………………….,
P .S………………., S.R. Office……………….  Dist………………….delineated in the plan
annexed hereto and bordered with yellow colour.
SCHEDULE ?C?  ABOVE-REFERRED TO :
(Allotted to C.D.)
ALL THAT back portion of ground floor flat consisting of one bed room, one
drawing room, one dinning room, one kitchen, one store, two toilet of which one
for the servants, one small sculling verandah and a long garrage along with the
entire mezzanine floor on it situated in the back portion of the premises no……….
P .S……………………, S. R. Office……………………….., more specifically described
and bordered with green colour in the plan annexed hereunto.
SCHEDULE ?D?  ABOVE-REFERRED TO :
(Allotted to E.F.)
ALL THAT front portion of the ground floor flat situated on the portion of the
premises No………………  within P .S……………….   S.R.O………………..   Dist……………….
with the entire Mezzanine floor, consisting of one bed room with toilet and
wardrobe, one drawing room, one dinning room, one kitchen and another toilet
and a garrage in the front portion of the aforesaid ground floor more specifically
described and bordered with red colour in the plan annexed hereto.
IN WITNESS WHEREAS the parties hereto have executed these presents the
day and year first hereinabove written.
SIGNED SEALED AND DELIVERED
IN THE PRESENCE OF :
WITNESSES:
1. 1.
2. 2.
3.
3
Memorandum of Oral Partition between three sons of a
Hindu deceased through a Common Arbitrator
(Short form)
THIS MEMORANDUM of oral partition is drawn the………….  day of………… andputs on record the oral partition effected BETWEEN A.B. of etc. AND C.D. of etc.
AND E.F. of etc., all sons of the late G.H.  resident of…………….
WHEREAS G.H. died intestate on the…………….  leaving him surviving three
sons, named above, as the only legal heirs entitled to inherit the properties,
movable and immovable, left by the said G.H.
AND WHEREAS differences and disputes arose between the said three sons
who approached K.L. of etc.  to divide and distribute the properties between them.
AND WHEREAS the said K.L.  on the…………, before the parties divided all the
movable property in three equal shares as per SCHEDULE  ?A? attached hereto
and allotted the item No. 1 to 10 to A.B. and item No. 11 to 18 to C.D. and the
remaining item No. 19 to 28 to E.F. all of whom  accepted the said distribution.
AND WHEREAS the said K.L.  on the same day before the parties divided the
entire house situated in????, as fully described in the SCHEDULE  ?B?
hereunder written and allotted the portion marked in BLUE and coloured Blue
on the plan annexed hereto to A.B. and the portion marked in red and coloured
Red in the same plan to C.D. and the small house situate at………… fully described
in the SCHEDULE-?C? hereunder written was allotted in its entirety to E.F.
AND  WHEREAS the parties have accepted the said partition as final,
conclusive and binding upon them and have acted upon the same.
WHEREFORE this MEMORANDUM of PARTITION is drawn up to record the
factum of oral partition which had already taken place and in order to avoid any
future dispute the parties hereto and the said K.L. who had arbitrated in the said
mutual and amicable division and/or distribution of the properties among the said
A.B., C.D. and E.F . hereby subscribe their signatures in order to signify the
correctness of the facts mentioned above.
SCHEDULE ?A? ABOVE REFERRED TO:
SCHEDULE ?B? ABOVE REFERRED TO:
SCHEDULE ?C? ABOVE REFERRED TO:
WITNESSES :
1. Signature of A.B.
Signature of C.D.
2. Signature of E.F.
Signature of K.L.
(Arbitrator)
4
Deed of Partition of H.U.F. Property in severalty amongst
Coparceners governed by Dayabhaga law
THIS INDENTURE made this the……………….   day of………………….. 20…
BETWEEN A.B. widow of late M.N. by religion Hindu, by Occupation housewife
Ch. 49] PARTITION?FORMS 443444 CONVEYANCING, DRAFTING & DEEDS [Ch. 49
residing at…………. hereinafter referred to as the Party of First Part  (which
expression unless excluded by or repugnant to the subject or context shall be
deemed to include her heirs, executors, administrators, representatives and
assigns) of the First Part, C.D. son of late M.N., by religion Hindu, by Occupation
business, residing at…………  hereinafter referred to as the Party of the Second
Part  (which expression unless excluded by or repugnant to the subject or context
shall be deemed to include his heirs, executors, administrators, representatives
and assigns) of the Second Part E.F . wife of X.Y. and daughter of the said M.N.,
by religion Hindu, by Occupation housewife, residing at……….  herein  after
referred to as the Party of the Third Part (which expression unless excluded by
or repugnant to the subject or context shall be deemed to include her heirs,
executors, administrators, representatives and assigns) of the Third Part, G.H.
wife of P .Q. and daughter of the said M.N.  by religion Hindu, by Occupation
housewife, residing at…………….  hereinafter referred to as the Party of the Fourth
Part  (which expression unless excluded by or repugnant to the subject or context
shall be deemed to include her heirs, executors, administrators, representatives
and assigns) of the Fourth Part I.J. wife of R.S. and daughter of the said M.N.
by religion Hindu, Occupation housewife, residing at………….. hereinafter re-
ferred to as the Party of the Fifth Part (which expression unless excluded by or
repugnant to the subject or context shall be deemed to  include her heirs,
executors, administrators, representatives and assigns) of the Fifth Part, K.L.
wife of T.U. and daughter of the said M.N.  by religion Hindu, by Occupation
housewife, residing at………….  hereinafter referred to as the Party of the Sixth
Part  (which expression unless excluded by or repugnant to the subject or context
shall be deemed to include her heirs, executors, administrators, representatives
and assigns) of the Sixth Part, O.P . wife of VX and daughter of the said M.N. by
religion Hindu, by Occupation housewife, residing at…………hereinafter referred
to as the Party of the Seventh Part (which expression unless excluded by or
repugnant to the subject or context shall be deemed to include her heirs,
executors, administrators, representatives and assigns) of the Seventh Part and
L.P . wife of M.Z. by religion Hindu, by Occupation housewife, residing at………..
hereinafter referred to as the Party of the Eighth Part (which expression unless
excluded by or repugnant to the subject or context shall be deemed to include
her heirs, executors, administrators, representatives and assigns) of the Eighth
Part.
WHEREAS one M.N. since deceased, the husband of the Party of the First
Part and father of the Party of the Second, Third, Fourth, Fifth, Sixth, Seventh
and Eighth Parts, was the owner of…………….  Bighas……………..  Cottahs……………..
Chitacks and………… sq. ft.  bastu land with building and dalan within Mouza……..
J.L. No…………  R.S. No……….. Khatian No…………. Hal Khatian No……….  Touzi
No…………….. Old Dag No…………  and Hal Dag No………………  P .S…………….,
District………………., by  purchase under registered Deed of Conveyance
dated…………… and registered with  the District Registrar of……………………..
under Book No………..Volume No…………….  Pages…………..  Being No…………….
for the year……….. and was seized and possessed of the said property.
AND WHEREAS the said M.N.  died intestate on……………….  leaving behind theparties to this Deed as legal heirs and representatives within the meaning of the
Hindu Succession Act, 1956.
AND WHEREAS the parties to this Deed inherited the said property more fully
described in the Schedule Part-I and they are since then seized and possessed
thereof.
AND WHEREAS the names of the parties have been recorded in the Office
of the Revisional Settlement…………….
AND  WHEREAS the parties hereto are jointly entitled to the properties
mentioned in Part-I of the Schedule hereunder written.
AND WHEREAS disputes and differences have arisen between the parties  in
regard to the joint enjoyment of the same and the parties hereto have mutually
agreed to divide the same so that each one of them may enjoy the lot to be allotted
to him or her in severalty.
AND WHEREAS the properties to be partitioned mentioned in the Schedule
Part. I have been valued at Rs……… and each of the parties are entitled  to a share
of the said property valued at Rs…………
AND WHEREAS the said properties have been amicably divided into eight lots
namely Lot-A, Lot-B, Lot-C, Lot-D, Lot-E, Lot-F, Lot-G and Lot-H more fully
mentioned and described in Part-II Schedule hereunder written.
AND WHEREAS the  ?Park? meant for common use of the parties to this Deed
is more fully mentioned and described in Part-III Schedule hereunder written.
AND WHEREAS it has been mutually agreed between the parties hereto that
Lot-D fully mentioned and described in Part-II in the said Schedule shall be held
and enjoyed by the party hereto of the First Part in severalty absolutely which
has been valued at Rs………., Lot-E fully mentioned and described in Part-II of
the Schedule hereto shall be held and enjoyed by the party thereto of the Second
Part in severalty absolutely which has been valued at Rs………….., Lot-G fully
mentioned and described in Part-II of the said Schedule hereto shall be held and
enjoyed by the party hereto of the Third Part in severalty absolutely which has
been valued at Rs…………, Lot-B fully mentioned and described in Part-II of the
Schedule hereto shall be held and enjoyed by the party of the Fourth Part in
severalty absolutely which has been valued at Rs…………., Lot-C fully mentioned
and described in Part-II of the Schedule hereto shall be held and enjoyed by the
party of the Fifth Part  in severalty, absolutely which has been valued at Rs……..,
Lot-F fully mentioned and described in Part-II of the Schedule hereto shall be
held and enjoyed by the Party of Sixth Part in severalty absolutely which has
been valued at Rs………….., Lot-A fully mentioned and described in Part-II of the
Schedule hereto shall be held and enjoyed by the party of the Seventh Part in
severalty absolutely  which has been valued at Rs………… and Lot-H fully
mentioned and described in Part-II of the Schedule hereto shall be held and
enjoyed by the party of the Eighth Part in severalty absolutely which has been
valued at Rs………
AND WHEREAS it has been agreed among the parties that the park as shown
Ch. 49] PARTITION?FORMS 445446 CONVEYANCING, DRAFTING & DEEDS [Ch. 49
in the plan and delineated in the map or plan hereto annexed shall remain the
joint property of the parties to this Deed shall be used and enjoyed jointly and
shall be maintained by the parties to this Deed at their costs unless the same
is dedicated for public purpose and agreed to be maintained at public expenses.
NOW  THIS INDENTURE WITNESSETH (1) That in pursuance of the said
agreement and in consideration of the transfer hereinafter contained and in
consideration of the premises herein, the parties of the Second Part, Third Part,
Fourth Part, Fifth Part, Sixth Part, Seventh Part and Eighth Part hereby grant,
convey, transfer, assure, assign, confirm and release unto and to the use of the
party of the First Part ALL THAT plot of land as shown in Lot-D and marked and
delieneated in the map or plan hereto annexed and more fully described in the
Schedule-II, Lot-D TO HAVE AND TO HOLD the same absolutely and in severalty
as regards the party of the Second,  Third, Fourth, Fifth, Sixth, Seventh and Eighth
Part in lieu of her undivided share in the said joint property described in the
Schedule-Part-I hereto.
(2) That in pursuance of the said agreement and in consideration of the
transfer hereinafter contained and in consideration of the premises herein, the
parties of First Part, Third Part, Fourth Part, Fifth Part, Sixth Part, Seventh Part
and Eighth Part hereby grant, convey, transfer, assign, confirm and release unto
and to the use of the party of the Second Part ALL THAT plot of land as shown
in Lot-E and marked and delineated in the map or plan hereto annexed and more
fully described in the Schedule Part-II Lot-E TO HAVE AND TO HOLD the same
absolutely and in severalty as regard the party of the First, Third, Fourth, Fifth,
Sixth, Seventh and Eighth Part in lieu of his undivided share in the said joint
property described in the Schedule Part-I hereto.
(3) That in pursuance of the said agreement and in consideration of the
transfer hereinafter contained and in consideration of the premises herein, the
parties of First Part, Second Part, Fourth Part, Fifth Part, Sixth Part, Seventh
Part and Eighth Part herein grant, convey, transfer, assign, confirm and release
unto and to the use of party of the Third Part ALL THAT plot of land shown in Lot-
G and marked and delineated in the map or plan hereto annexed and more fully
described in the Schedule Part-II, Lot-G TO HAVE AND TO HOLD the same
absolutely and in severalty as regards the party of the First, Second, Fourth,
Fifth, Sixth, Seventh and Eighth Part in lieu of her undivided share of the said
joint property described in the Schedule Part-I hereto.
(4) That in pursuance of the said agreement and in consideration of the
transfer hereinafter contained and in consideration of the premises herein the
parties of First Part, Second Part, Third Part, Fifth Part, Sixth Part, Seventh Part
and Eighth Part hereby grant, convey, transfer, assure, assign, confirm, and
release unto and to the use of the party of the Fourth Part ALL THAT plot of land
as shown in Lot-B and marked and delineated in the map or plan hereto annexed
and more fully described in the Schedule Part-II Lot-B TO HAVE AND TO HOLD
the same absolutely and in severalty as regards the parties of the First, Second,
Third, Fifth, Sixth, Seventh and Eighth Part in lieu of her undivided share in the
said joint property described in the Schedule Part-I hereto. (5) That in pursuance of the said agreement and in consideration of the
transfer hereinafter contained and in consideration of the premises herein, the
parties of the First Part, Second Part,  Third Part, Fourth Part, Sixth Part, Seventh
Part and Eighth Part hereby grant, convey, transfer, assure, assign, confirm and
release unto and to the use of the party of Fifth Part ALL THAT plot of land as
shown in Lot-C and marked and delineated in the map or plan hereto annexed
and more fully described in the Schedule Part-II Lot-C TO HAVE AND TO HOLD
the same absolutely and in severalty as regards the parties of the First, Second,
Third, Fourth, Sixth, Seventh and Eighth Part in lieu of her undivided share in
the said joint property described in the Schedule Part-I.
(6) That in pursuance of the said agreement and in consideration of the
transfer hereinafter contained and in consideration of the premises herein, the
parties of the First Part, Second Part, Third Part, Fourth Part, Fifth Part, Seventh
Part and Eighth Part hereby grant, convey, transfer, assure, assign, confirm and
release unto and to the use of the Party of the Sixth Part ALL THAT plot of land
as shown in Lot-F and marked and delineated in the map or plan hereto annexed
and more fully described in the Schedule Part-II Lot-F TO HAVE AND TO HOLD
the same absolutely and in severalty as regards the parties of the First, Second,
Third, Fourth, Fifth, Seventh and Eighth Part in lieu of her undivided share in
the said joint property described in the Schedule Part-I.
(7) That in pursuance of the said agreement and in consideration of the
transfer hereinafter contained and in consideration of the premises herein the
parties of the First Part, Second Part, Third Part, Fourth Part, Fifth Part, Sixth
Part and Eighth Part hereby grant, convey, transfer, assure, assign, confirm and
release unto and to the use of the party of the Seventh Part ALL THAT plot of
land as shown in the Lot-A and marked and delineated in the map or plan hereto
annexed and more fully described in the Schedule Part-II Lot-A TO HAVE AND
TO HOLD the same absolutely and in severalty as  regards the parties of the First,
Second, Third, Fourth, Fifth, Sixth and Eighth Part in lieu of her undivided share
in the said joint property described in the Schedule Part-I.
(8) That in pursuance of the said agreement and in consideration of the
transfer hereinafter contained and in consideration of the premises herein, the
Parties of the First Part, Second Part, Third Part, Fourth Part, Fifth Part, Sixth
Part and Seventh Part hereby grant, convey, transfer, assure, assign, confirm
and release unto and to the use of the Party of the Eighth Part ALL THAT plot
of land as shown in Lot-H and marked and described in the map or plan herein
annexed and more fully described in the Schedule Part-II Lot-H TO HAVE AND
TO HOLD the same absolutely and in severalty as regards the parties of the First,
Second, Third, Fourth, Fifth, Sixth and Seventh in lieu of her undivided share
in the said joint property described in the Schedule Part-I.
And it is further agreed by and between the parties as follows:
(1) There is no encumbrance or charge on the joint properties hereby
partitioned or expressed so to be AND THAT if any encumbrance or charge is
found then the parties hereto shall be liable for the same in proportion to their
respective share in the properties.
Ch. 49] PARTITION?FORMS 447448 CONVEYANCING, DRAFTING & DEEDS [Ch. 49
(2) The divided lot hereby allotted to each of the parties shall be handed over
and henceforth be held in severalty by each party without any claim,  interruption
or disturbances by the other parties or anyone claiming under in through or in
trust of him or her.
(3) The road as shown in the plan or map annexed hereto shall be common
to all the parties and shall be used by each of them.
(4) The road as shown in the plan or map annexed hereto shall be used by
the parties for bringing electric lines, telephone lines, water connection and
sewerage line. The said road and/or passage as shown in the plan or map
annexed hereto shall not be encroached upon by any of the parties to this Deed
and the same shall be kept always open to sky.
(5) The Park as shown in the plan or map annexed hereto shall always remain
the joint properties of the parties to this Deed and shall be maintained jointly
unless the same is subsequently dedicated for public purpose and agreed to
be maintained at public expenses.
(6) While bringing any electric line, telephone line, water line, sewerage line
etc. if any damage is caused to the said common road or passage the same
be restored and repaired by the party concerned for proper use of the said
common road and/or passage by the other parties to this Deed.
(7) No party will be entitled to close or obstruct the said common road and/
or passage or build any structure in their respective plots obstructing the
common road/or passages in any way and each of the said parties shall at his
or her own cost be entitled to take underground drain, water pipes, electric and
telephone line under or over the said common road or passage which shall be
maintained and kept clean at the joint expenses of the parties using the same.
(8) The parties shall be entitled to construct building or buildings in  their
respective plots of land subject to the sanction of Municipal Authority or any other
authority legally constituted or with the approval of the State Government as the
case may be.
(9) The Original Deed of Partition along with other Deeds in respect of the
property hereby partitioned shall remain with the party of the Second Part
Sri………………….  and unless prevented by fire or other inevitable accident the
said Sri……………………….  the party hereto of the Second Part hereby covenants
with the parties of the First Part, the Third Part, the Fourth Part, the Fifth Part,
the Sixth Part, the Seventh Part and the Eighth Part that he shall and will at all
times hereafter upon every reasonable request and at the cost of  the party
requiring the same produce or cause to be produce unto him/her or his/her
Attorney/Agent or at any trial hearing commission examination or otherwise as
occasion shall require, all or any of the deeds or writings comprised in the
Part-I of the Schedule hereunder written.
SCHEDULE ABOVE REFERRED TO :
(PART-I)
ALL THAT piece or parcel of bastu land with building and structure measuringabout…………… bighas………….. , cottahas………….. , chittacks and…………..  sq.
ft. more or less within Mouza…………..  , J.L.No………….. , R.S.No………….. , Touzi
No………….. , Khatian No………….. , Hal Khatian Nos………….. , Dag No…………..
(Old Dag No…………….), P .S………….. , District…………..  within Sub-Regis-
try………., paying an annual revenue of Rs…………..  to the State of………….  butted
and bounded.
On the North : A pond and a village road belonging to the Union Board…
On the South : Premises No………
On the East : Public Road.
On the West : A pond and premises No………
(PART-II)
Lot?A allotted to O.P . (Party of the Seventh Part)
Total value Rs………
ALL THAT…………..  Bigha…………..  Cottahas…………..  Chittaks…………..  sq.
ft. more or less bastu land, building with structure and trees standing thereon
within Mouza………….. , J.L. No………….. , R.S. No………….. , Touzi No…………..,
Khatian No…………….. (Old Khatian No………….. ), Dag No………….. , P .S………..,
District……………., Sub-Registry Office…………….  paying an annual revenue a
sum of Rs…………….  to the State of……………. butted and bounded.
On the North : Premises No……………..
On the South : 20 ft. wide common road and passage and Lot-B land
belonging to G.H.
On the East : Public Road.
On the West : Pond and Premises No………………….
Lot?B allotted to G.H. (Party of the Fourth Part)
Total Value Rs…………..
ALL THAT………….. Bigha………….   Cottahas………….  Chittak………….   sq.  ft.
more or less bastu land, building with structures trees standing thereon within
Mouza………….  , J.L. No………….. , R.S. No………….  , Touzi No…………. , Khatian
No………….  , (Old Khatian No…………. ), Dag No…………. , (Old Dag No………….),
P .S………….  , District…………. , Sub-Registry………….   paying an annual revenue
a sum of Rs………….   to the State of………….   butted and bounded.
On the North : 20′ ft. wide Common Road and/or passage and Lot-A
belonging to O.P .
On the South : The Park and Lot-C land belonging to I.  J.
On the East : Premises No………
On the West : 20′ ft. wide Common road and/or passage.
Ch. 49] PARTITION?FORMS 449
G : CDD (Vol. 6) ? 29450 CONVEYANCING, DRAFTING & DEEDS [Ch. 49
Lot?C allotted to I. J. (Party of the Fifth Part)
Total value Rs………
ALL THAT………….. Bigha……………. Cottahas…………. Chittacks……….. sq.  ft.
more or less bastu land, building with trees standing thereon within Mouza…….,
J.L. No……….. R.S. No……….., Touzi No……….., Khatian No……….., (Old Khatian
No ………..) Dag No……….., (Old Dag No………..), P .S……….., District………..,
SubRegistry……….. paying an annual revenue a sum of Rs……….. to the State
of……….. butted and bounded.
On the North : Plot of land Lot-B belonging to G.H.
On the South : 24′ ft.  wide Common Road and passage.
On the East : Public Road.
On the West : Park.
Lot?D allotted to A.B. (Party of the First Part)
Total value Rs………
ALL  THAT……………  Bigha………..  Cottahas……….. Chittacks……….. sq.  ft. more
or less bastu land, building with trees standing thereon within Mouza……….., J.L.
No……….., R.S. No……….., Touzi No……….., Khatian No……….., (Old Khatian
No………..), Dag No……….., (Old Dag No…………….), P .S……….., District………..,
Sub-Registry……….. paying an annual revenue a sum of Rs……….. to the State
of……….. butted and bounded:
On the North : 24 ft. wide Common Road and/or passage
On the South : Premises No………
On the East : Public Road.
On the West : Plot of land, and pond Lot-E belonging to C.D.
Lot?E allotted to C.D. (Party of the Second Part)
Total value Rs………
ALL THAT…………….. Bigha……………   Cottahas……………  Chitacks……………
sq.  ft. more or less bastu land, building with trees standing thereon within
mouza……………, J.L.  No……………., R.S. No……………..,  Touzi No……………,
Khatian No………………… (Old Khatian No…………… ), Dag No…………… (Old Dag
No……………  ), P .S…………….  , District…………… , Sub-Registry……………  paying
an annual revenue a sum of Rs…………  to the State of…………… butted and
bounded:
On the North : 24′ ft.  wide Common Road and/or passage.
On the South : Premises No…………….
On the East : Plot of land Lot-D belonging to A.B.
On the West : 24′ ft. wide Common Road and/or passage.Lot?F allotted to K.L. (Party of the Sixth Part)
Total value Rs………
ALL THAT……………   Bigha……………  Cottahas……………  Chittacks……………
more or less bastu land, land with building and sanitary privy standing thereon
within Mouza…………… , J.L. No………. R.S. No……………  , Touzi No……………  ,
Khatian No………………….  (Old Khatian No……………), Dag No……………(Old Dag
No……………  ), P .S…………….  ……, District……………, Sub-Registry………….  paying
an annual revenue a sum of Rs………………… to the State of…………….  butted and
bounded:
On the North : 20′ ft. wide Common road and/or passage and plot of  land
Lot-G belong to E.F .
On the South : Premises No………
On the East : 20′ ft. wide Common road and/or passage and plot of  land
Lot-E belonging to C.D.
On the West : A pond belonging to………
Lot?G allotted to E.F. (Party of the Third Part)
Total value Rs………
ALL  THAT…………..  Bigha…………… Cottahas……………  Chittacks………….  sq. ft.
more or less bastu land, building with unfinished building and structure standing
thereon within Mouza…………… , J.L. No……………  , R.S. No…………… , Touzi
No……………….  Khatian No……………   (Old Khatian No……………  ), Dag No……………
(Old Dag No……………  ), P .S……………  , District…………… , Sub-Registry……………
paying an annual revenue a sum of Rs……………  …  to the State of……………   butted
and bounded:
On the North : 20′ ft. wide common road and/or passage and plot of  land
Lot-H belonging to L.P .
On the South : 20′ ft. wide common road and/or passage and plot of  land
Lot-F belonging to………
On the East : 20′ ft. wide common road and/or passage and park.
On the West : ……………
Lot?H allotted to L.P . (Party of the Eighth Part)
Total value Rs………
ALL THAT……………….  Bigha……………..  Cottahas…………….. sq.  ft.  more or
less bastu land with trees standing thereon within Mouza……………..,  J.L.
No…………….. , R.S. No…………….. , Touzi No…………….. , Khatian No………………
(Old Khatian No……………..), Dag No…………….. (Old Dag No………………  ),
P .S……………… , District……………..  , Sub-Registry……………………….., paying an
annual revenue a sum of Rs……………..  to the State of………………….  butted and
bounded:
Ch. 49] PARTITION?FORMS 451452 CONVEYANCING, DRAFTING & DEEDS [Ch. 49
On the North : A pond…………………
On the South : 20′ ft. wide Common Road and/or passage and plot of  land
Lot-G belonging to R.L.
On the East : 20′ ft. wide Common Road and/or passage and Lot-B
belonging to G.N.
On the West : Premises No………
SCHEDULE ABOVE REFERRED TO :
PART-III
Meant for Park for the use of the parties to this Deed
ALL THAT……………..  Cottahas……………..   Chittacks……………..  sq. ft.  more
or less bastu land with structures and trees standing thereon within Mouza………….,
J.L. No………………  , R.S. No……………..    Touzi No…………….., Khatian No……………..,
Hal Khatian No……………….  Dag No……………..  (Old Dag No……………… )
P .S………………  , District……………..  , within Sub-Registry…………paying an annual
revenue a sum of Rs……… to the State of…………….. butted and bounded:
On the North : Plot of land being Lot-B allotted to G.H.
On the South : 24′ ft. wide Road.
On the East : A plot of land being Lot-C allotted to I.J.
On the West : 20′ ft. wide Road.
IN WITNESS WHEREOF THE parties to this Deed have set and subscribed
their respective hands and seals the day month and year first above written:
Signed, Sealed and Delivered at…………
in the presence of?
WITNESSES
5
Deed of Partition of immovable properties between two
Coparceners under the Mitakshara Law
THIS INDENTURE made etc. BETWEEN A.B. etc. of the One Part AND B.C.
etc. (son of AB) of the Other Part.
WHEREAS the parties hereto are members of a coparcenary and governed
by the Mitakshara School of Hindu Law.
AND WHEREAS the parties hereto are jointly seized and possessed of the
two several hereditaments mentioned and described in the First and Second
Schedules hereunder written and the inheritance all thereof free from encum-
brances.AND WHEREAS the said two hereditaments are the coparcenary property of
and divisible between the parties hereto.
AND WHEREAS the parties hereto are desirous of effecting an amicable
partition of the said two hereditaments in manner hereinafter appearing.
AND WHEREAS each of the said two hereditaments is of the equal value of
Rs……….
NOW THIS INDENTURE WITNESSETH:
1. That in lieu of his estate and interest in the said two hereditaments those
mentioned and described in the First Schedule hereunder written be and the
same are hereby allotted to the said A to be by him henceforth held, enjoyed
and possessed in severalty absolutely.
2. AND that in lieu of his estate and interest in the said two hereditaments
those described in the Second Schedule hereunder written be and the same
are hereby allotted to the said B to be by him henceforth held, enjoyed and
possessed in severalty absolutely.
3. AND THIS INDENTURE ALSO WITNESSETH that in pursuance of the said
agreement and in consideration of the allotments aforesaid each of the said A
and B hereby releases unto the other of them the hereditaments hereby
separately allotted to the other of them together with the appurtenances thereto
TO THE INTENT that such release shall operate as a cesser of his right, title and
interest therein.
4. AND the said A and B as to their respective estate and interest in the said
two hereditaments hereby mutually covenant that they have not done or omitted
or knowingly suffered or been party or privy to any act, deed or thing whereby
the said two hereditaments have in any way been affected or encumbered or
whereby they are prevented from making the said allotments or from releasing
the said two hereditaments in manner aforesaid.
AND that they shall henceforth peaceably and quietly hold, enjoy and  possess
the hereditaments and the appurtenances thereto hereby separately allotted to
each of them.
AND further that each of them shall at all times hereafter do and execute or
cause to be done and executed all such acts, deeds and things for further and
more perfectly effectuating the said partition and separation as shall or may be
reasonably required.
THE FIRST SCHEDULE ABOVE REFERRED TO :
(Description of the property allotted to A)
THE SECOND SCHEDULE ABOVE REFERRED TO :
(Description of the property allotted to B)
IN WITNESS etc.
[Signatures of both the parties]
Ch. 49] PARTITION?FORMS 453454 CONVEYANCING, DRAFTING & DEEDS [Ch. 49
6
Deed of Partition of Movable and Immovable Properties in a
Joint Hindu Family governed by the Mitakshara Law
THIS DEED OF PARTITION is made on this……………  day of?…..? BETWEEN
A.B., aged about………….  years, hereinafter referred to as  ?the FIRST PARTY AND
C.D., aged about…………..  years, hereinafter referred to as  ?THE SECOND
PARTY?, both sons of E.F., AND G.H.  aged about…..??. years, the widow of
the said E.F. and mother of the FIRST and SECOND PARTY, hereinafter referred
to as ?the THIRD PARTY, all residents of……………. in the city of…………….
WHEREAS the said E.F. was the Karta of a Joint Hindu Family governed by
the Mitakshara School of Hindu Law comprising of the following members:
A.B. – First Party ? Son of E.F. the deceased father of A.B.
C.D. – Second Party ? Son of E.F. the deceased father of C.D.
G.H. – Third Party ? Widow of E.F. and mother of A.B. and C.D.
AND WHEREAS the said E.F. had died intestate leaving behind considerable
properties some of which was ancestral, while most of which was his self-
acquired property and after his demise on or about……….  the said A.B. being
the eldest son assumed the position as the Karta of the said H.U.F. but as
differences and disputes have arisen and the parties to these presents have
mutually settled the said differences and disputes and have agreed that the entire
estate of the HUF comprising movable and immovable properties as fully
mentioned and described in the SCHEDULE  ?A?, SCHEDULE  ?B? and SCHED-
ULE ?C? hereunder written and made part of this Deed be divided and given to
the respective parties on the conditions and terms set forth hereinafter.
NOW THEREFORE THIS DEED WITNESSES:
1. That it is mutually agreed that the valuation of the properties, movables
and immovables, as certified by the Chartered Valuer………….  be and is hereby
accepted as Rs………… for the purpose of this Partition and that the value of the
separated share on the basis of the said valuation shall be Rs……….  each which
shall be the value for the purpose of stamp duty.
2. That the properties fully mentioned and described in the SCHEDULE ?A?
shall henceforth belong absolutely to A.B., the FIRST PARTY acid the properties
fully mentioned and described in the SCHEDULE ?B? shall henceforth belong
absolutely to C.D., the SECOND PARTY and the properties fully mentioned and
described in the SCHEDULE ?C? shall henceforth belong absolutely to G.H.
3.  That the respective documents and title deeds pertaining to the properties
have been handed over to A.B., C.D. and G.H.  respectively the receipt of which
the parties hereto hereby acknowledge.
4. That this Deed has been drawn up in triplicate and the stamped original
shall remain with A.B. while the remaining two copies, bearing the registration
endorsements shall remain with C.D. and G.H. respectively.SCHEULE ?A? ABOVE REFERRED TO:
SCHEDULE ?B? ABOVE REFERRED TO:
SCHEDULE ?C? ABOVE REFERRED TO:
IN WITNESS WHEREOF the parties hereto have executed these presents on
the day and year first above-mentioned.
SIGNED SEALED AND DELIVERED  By
the  FIRST PARTY  in the presence
of????
SIGNED SEALED AND DELIVERED By
the  SECOND PARTY in the presence
of???
SIGNED SEALED AND DELIVERED by
the  THIRD PARTY  in the presence of??..
7
Deed of Partition of several Properties between Daughters
of a Deceased Hindu as only Legal Heirs
THIS INDENTURE, made the……………….. day of………………. 20…..  BE-
TWEEN A.B. etc.  (eldest co-heir) of the First Part, C.D. of etc. (second Co-heir)
of the Second Part, AND E.F . of etc.  (third co-heir) of the Third Part.
WHEREAS J.B. late of etc.  was at the time of his death seized and possessed
of several prices and parcels of freehold messuages lands, hereditaments and
premises fully described in the Schedule ?A? hereunder written and hereinafter
referred to as ?the said property?.
AND WHEREAS the said J.B. died on the……………….   day of……………….
20……… intestate leaving him surviving the said A.B., C.D. and E.F. his only
children and legal heirs and successors.
AND WHEREAS the said A.B. and the said C.D. and E.F. as such legal heirs
and co-sharers in respect of the said properties of the said J.B., their deceased
father have agreed respectively to make a partition in manner hereinafter
mentioned of all the said properties which descended to the said A.B., C.D. and
E.F. as Co-heirs at law of their late father as aforesaid.
AND WHEREAS the particulars of all the said properties so agreed to be
partitioned as aforesaid are comprised in the Schedules ?A?, ?B?, ?C? and ?D?
hereto, and on the treaty for the said partition it was agreed, that such of the
said properties as are comprised in the Schedule ?B? hereto should be taken
in severalty by the said A.B. as aforesaid and that such of the said properties
as are comprised in the Schedule  ?C? hereto should be taken in severalty by the
said C.D. and that such of the said properties as are comprised in the Schedule
?D? hereto should be taken in severalty be the said E.F . as aforesaid.
AND WHEREAS on the said treaty it was also agreed, that the person or
Ch. 49] PARTITION?FORMS 455456 CONVEYANCING, DRAFTING & DEEDS [Ch. 49
persons taking the said property comprised in the said Schedule ?B? hereto
should pay for equality of partition the sum of Rs……………  to the person taking
the said property comprised in the said Schedule ?C? hereto and the sum of
Rs………… to the person taking the said property comprised in the said Schedule
?D? hereto.
NOW THIS INDENTURE WITNESSETH that, in pursuance of the said agree-
ments, and in consideration of the sum of Rs…………..   upon the execution  of these
presents paid to the said C.D. and E.F . as aforesaid by the said A.B. (the receipt
and payment of which sum of Rs……….. they the said C.D. and E.F. do hereby
acknowledge), they the said C.D. and E.F. do hereby release, relinquish and
surrender all their rights, title and interests in respect of the  properties mentioned
and described in the Schedule ?B? hereto in favour of A.B. with all their rights,
easements and appurtenances, TO THE USE AND BENEFIT of the said A.B. her
heirs and assigns.
AND THIS INDENTURE FURTHER WITNESSETH that in further pursuance of
the agreements, and in consideration of the sum of Rs…………  upon the execution
of the presents paid to the said C.D. by the said E.F. (the receipt whereof the
said C.D. doth hereby acknowledge) she the said C.D. so far as relates to her
undivided one-third share in the said property hereinafter expressed to be hereby
assured, doth hereby grant, convey, release and surrender the said E.F. all her
rights, title and interests in respect of the properties mentioned and described
in the Schedule ?C? hereto in favour of E.F. with all her rights, easements and
appurtenances, TO  THE USE AND BENEFIT of the said E.F . her heirs and assigns.
AND IT IS HEREBY agreed and declared that the parties hereto shall and may
peaceably and quietly possess and enjoy to the exclusion of the other or others
of them the property hereby respectively granted to them in severalty and receive
rents, issues and profits thereof without any interruption, eviction, claim or
demand whatsoever from or by the other or others of them or any ?person or
persons having or claiming title from, under or in trust for such other or others
of them.
AND EACH of them the said A.B., C.D. and E.F . so far as relates to her own
acts and deeds, doth hereby for herself, her heirs, executors and administrators
mutually covenant with each other that they the said covenanting parties
respectively have not executed or done or knowingly suffered, or been party or
privy to anything whereby the said properties comprised any undivided share
thereof are, is or may be impeached affected or encumbered or whereby they
respectively are in anywise prevented from making the said allotments or from
releasing the said properties in manner aforesaid.
AND THAT each of them shall at all times hereafter do and execute or cause
to be done and executed all such acts, deeds and things for further and more
perfectly effectuating the said partition and separation as shall or may be
reasonably required.
THE SCHEDULE ?A?  ABOVE REFERRED TO:
(Description of the Undivided properties held by J.B.)THE SCHEDULE ?B?  ABOVE REFERRED TO :
(Description of the property allotted to A.B.)
THE SCHEDULE ?C?  ABOVE REFERRED TO :
(Description of the property allotted to C.D.)
THE SCHEDULE ?D?  ABOVE REFERRED TO :
(Description of the properties allotted to E.F.)
IN WITNESS WHEREOF etc.
[Signatures of all the parties]
8
Deed of Partition of Immovable Properties by Three
Co-heiresses, one of whom pays a sum by way of
Equality of Partition
THIS INDENTURE made the…………….  day of……………  20……., BETWEEN
A.B., of etc.  spinster (one daughter and co-heiress), of the FIRST PART, C.B. of
etc. spinster (another daughter and co-heiress), of the SECOND PART, E.B., of
etc., spinster (third daughter and co-heiress), of the THIRD PART.
WHEREAS M.B., being at his death seized and possessed of as an absolute
owner free from encumbrances ALL THAT (Parcels) more fully described in the
First, Second, and Third Schedules hereto, (hereinafter referred to as  ?the said
property?) having acquired the same by purchase in the year 20…….., died
intestate on the…………. day of………….. leaving the parties hereto as his only
children and co-heiresses-at-law and without leaving any widow surviving him.
AND WHEREAS the parties hereto have agreed to partition the said property
described in the several Schedules hereto, so that the entirety of the said
Property described in the First Schedule should be taken in severalty by the said
A.B., and the entirety of the said property described in the Second Schedule
should be taken in severalty by the said C.B., and the entirety of the said Property
described in the Third Schedule should be taken in severalty by the said E.B.,
AND that the said E.B. should pay for equality of partition the sum of Rs……………
to the said A.B. and C.B. in equal shares.
NOW THIS INDENTURE WITNESSETH as follows:
1. In pursuance of the said agreement and in consideration of the sum of
Rs……….. now paid by the said E.B. to the said A.B. and C.B. in equal shares
(the receipt of which sum of Rs…………… and Rs…………… the said A.B. and C.B.
hereby respectively acknowledge), and of the premises each of them, the said
A.B., C.B. and E.B. as to their respective undivided one-third share, and as
beneficial owner hereby convey unto each other or others of them ALL THAT the
properties respectively described in the First, Second, and Third Schedules
Ch. 49] PARTITION?FORMS 457458 CONVEYANCING, DRAFTING & DEEDS [Ch. 49
hereto and respectively edged red, green, and purple on the plan annexed to
these presents, TO HOLD unto each other or others of them respectively TO THE
USES following (that is to say) :
(1) AS  TO the property mentioned in the First Schedule hereto,  TO  THE USE
of the said A.B. as an absolute owner;
(2) AS TO the property mentioned in the Second Schedule hereto, TO THE
USE of the said C.B. as an absolute owner;
(3) AND AS TO the property mentioned in the Third Schedule hereto, TO
THE USE of the said E.B. as an absolute owner.
2. AND THIS INDENTURE ALSO WITNESSETH that in pursuance of the said
agreement and in consideration of the allotments aforesaid each  of the said A.B.,
C.B. and E.B. hereby releases unto the other or others of them the properties
hereby separately allotted the other of them together with the appurtenances
thereto TO THE INTENT that such release shall operate as a cesser of her right,
title and interest therein.
3. INASMUCHAS the documents mentioned in the Fourth Schedule hereto
relate to all the properties hereby conveyed, and it has been agreed that the same
shall be retained in the custody of the said A.B. Now the said A.B. hereby
acknowledges the right of the said C.B. and E.B. and of each of them, etc.  [As
in Form No. 4, CI.  (9) at p. 448.]
THE FIRST SCHEDULE ABOVE REFERRED TO:
(Property allotted to A.B.)
THE SECOND SCHEDULE ABOVE REFERRED TO:
(Property allotted to C.B.)
THE THIRD SCHEDULE ABOVE REFERRED TO :
(Property allotted to E.B.)
THE FOURTH SCHEDULE ABOVE REFERRED TO:
(Particulars of documents on title)
IN WITNESS WHEREOF etc.
(Signatures of all parties)
9
Deed of Partition of Immovable Properties between
Co-sharers?Payments made as Owelty Money for
equality of partition?provision for Common
Passage and right of support
THIS INDENTURE made etc.  BETWEEN AB etc.  of the First Part BC. etc. ofthe Second Part CD etc. of the Third Part DF etc. of the Fourth part EF etc.  of
the Fifth Part And FG etc. of the Sixth Part.
WHEREAS the parties hereto are absolutely seized and possessed of the
several hereditaments mentioned and described in the First, Second, Third,
Fourth, Fifth and Sixth Schedules hereunder written and the inheritance thereof
jointly and in equal shares.
AND WHEREAS each of the parties hereto is entitled to an undivided one-sixth
share of and in the said several hereditaments.
AND WHEREAS with a view to separate in estate the parties hereto have
agreed to effect among themselves an amicable partition of the said several
hereditaments.
AND WHEREAS the said A.B., B.C., C.D., D.F., E.F. and F.G.  have agreed that
in lieu of their respective undivided one-sixth share as aforesaid they shall
henceforth have and hold the hereditaments respectively comprised in the said
First, Second,  Third, Fourth, Fifth and Sixth Schedules absolutely and in
severalty.
AND WHEREAS the parties hereto have further agreed that for all purposes
connected with the use, occupation and enjoyment of the hereditaments
comprised in the said First, Third and Sixth Schedules, which are contiguous
properties, each of the said A.B., C.D. and F.G.  shall have full and free right and
liberty of way and user or otherwise in common with one another in, to, upon,
over, under, and along the (……………..) feet wide passage running west  to east
and leading from the municipal lane to the hereditaments comprised in the said
First, Third and Sixth Schedules notwithstanding that such passage now forms
part of the hereditaments comprised in the said Third Schedule.
AND WHEREAS the parties hereto have further agreed that the said F.G.  shall
have and retain his existing right to support and rest………. beams and……..
rafters of the hereditaments comprised in the said Sixth Schedule on the eastern
outer main wall of the hereditaments comprised in the said Third Schedule.
AND WHEREAS for the purpose of equalising the said partition the parties
hereto have further agreed that the said B.C. shall pay to the said A.B. the sum
of Rs…………, to the said C.D. the sum of Rs………… and to  the said F.G.  the sum
of Rs…………
AND WHEREAS for the purpose of stamp duty to be paid on these presents
the said several hereditaments are assessed to be of the aggregate value of
Rs………., so that an undivided one-sixth share thereof will be of the value of
Rs………..
NOW THIS INDENTURE WITNESSETH as follows:
1. That in pursuance of the said agreements and in consideration of the
conveyances mentioned in paragraphs 2, 3, 4, 5 and 6 hereof and of the payment
and receipt of the owelty monies mentioned in paragraph 7 hereof they the said
B.C., C.D., D.F., E.F . and F.G.  do according to their respective shares therein
hereby grant, convey, transfer and assign unto the said A.B.  ALL THAT  the
Ch. 49] PARTITION?FORMS 459460 CONVEYANCING, DRAFTING & DEEDS [Ch. 49
hereditaments comprised in the said First Schedule TOGETHER WITH (Insert
general words, estate and deed clauses) TO HAVE AND TO HOLD the same unto
the said A.B. absolutely TO THE INTENT that such grant shall henceforth operate
as a complete cesser of their respective estate and interest therein.
2. That in further pursuance of the said agreements and in consideration of
the conveyances mentioned in paragraphs 1, 3, 4, 5 and 6 hereof and of the
payment and receipt of the said owelty monies they the said A.B., C.D., D.F., E.F.
and F.G.  do according to their respective shares therein hereby grant, convey,
transfer and assign unto the said B.C. ALL THAT the hereditaments comprised
in the said Second Schedule TOGETHER WITH  (Insert general words, estate and
deed clauses) TO HAVE AND TO HOLD the same unto the said B.C. absolutely
TO THE INTENT that such grant shall henceforth operate as a complete cesser
of their respective estate and interest therein.
3. That in further pursuance of the said agreements and inconsideration of
the conveyances mentioned in paragraphs 1, 2, 4, 5 and 6 hereof and of the
payment and receipt of the said owelty monies they the said A.B., B.C., D.F., E.F.
and F.G.  do according to their respective shares therein hereby grant, convey,
transfer and assign unto the said C.D. ALL THAT the hereditaments comprised
in the said Third Schedule TOGETHER WITH (Insert general words, estate and
deed clauses) TO HAVE AND TO HOLD the same unto the said C.D. absolutely
TO THE INTENT that such grant shall henceforth operate as a complete cesser
of their respecti