PARTITION OF HINDU UNDIVIDED FAMILY
THIS INDENTURE made this _____________ day of ________ 20____. Between ___________ (AB, AI, A2, A3 and A4) the last four being minors under the age of 18 years by their father and natural guardian the said AB all residents of ______________, hereinafter referred to as “the Party of the ONE PART” (which expression shall unless repugnant to the subject or context include their respective heirs, executors, administrators and assigns) of the ONE PART.
AND
______________________ (CD, Cl, C2 and C3) the last three being minors under the age of 18 years by their father and natural guardian the CD all residents of ________________, hereinafter referred to as “the party of the OTHER PART” (which expression shall unless repugnant to the subject or context include their respective heirs, executors, administrators and assigns) of the OTHER PART.
WHEREAS:
1. One XY and his sons the said AB and CD formed a joint and undivided Hindu family governed by the Mitakshara Law and the said __________ (XY) was the head of the said Hindu undivided family.
2. The said XY died intestate at ____________ on or about the ______ day of ____ 20____ leaving him surviving his two sons the said ___________ (AB and CD) and his widow __________ (PQ) and the immovable properties more particularly described in Schedule “A” hereunder written belonging to the said Hindu Undivided Family (hereinafter called “HUF”).
3. After the death of the said__________ (XY), the said _________ (AB) and the said ________ (CD) continued and remained as members of the said HUF.
4. 4. The said ______________ (PQ) the widow of _________ (XY) died on the ________ day of ________ 20______ leaving her surviving her said two sons the said ___________ (AB) and _____________ (CD).
5. The said ____________ (AB) and ___________ (CD) are at present the only male adult members of the said joint and undivided family and the said parties of the One and the other parts are entitled to ALL the immovable properties belonging to the said HUF as fully described in Schedule A hereunder written.
6. The said ____________ (AB) and ___________ (CD) representing their respective branches of the HUF are entitled to half share each on partition of the said HUF properties described in Schedule A hereto.
7. The said __________ (AB) and the said ___________ (CD) representing their respective branches of HUF have by mutual consent agreed to sever the joint family status and to partition and divide the HUF properties mentioned in Schedule A hereto by metes and bounds.
8. It is agreed by and between the parties hereto that on such division the entirety of the lands, hereditaments and premises comprised in the said HUF properties more particularly described in Schedule B hereunder written be taken in severalty by the party of the One Part as absolute owners and that the entirety of the lands, hereditaments and premises comprised in the said HUF properties more particularly described in Schedule C hereunder written be taken in severalty by the party of the Other Part as absolute owners.
9. For the purposes of partition the properties mentioned in Schedule B are valued at Rs ____________ and the properties mentioned in Schedule C are valued at Rs______
10. It is also agreed that the party of the One Part should pay for equality of partition the sum of Rs. __________ to the party of the Other Part and the party of the Other Part should release, convey and assign their half share, right, title and interest in the properties mentioned in Schedule B hereto to the party of the One Part as absolute owners.
11. It is also agreed that the party hereto of the One Part should also release, convey and assign their half share, right, title and interest in the properties mentioned in Schedule C hereto to the party of the Other Part as absolute owners.
NOW THIS INDENTURE WITNESSETH that:
1. in pursuance of the aforesaid agreement and in consideration of the party of the One Part releasing, conveying and assuring unto the party of the Other Part their half share in the properties fully described in Schedule C as hereinafter mentioned and in consideration of the sum of Rs. ________ paid by the party of the One Part to the party of the Other Part (the payment and receipt whereof the party of the Other Part doth hereby admit and acknowledge and of and from the same and every part thereof doth for ever acquit, release and discharge the party of the One Part) They the party of the Other Part hereby release, convey and assure unto the party of the One Part for ever all their half share, right, title, interest, claim and demand whatsoever in all those pieces or parcels of the messuage, land, tenements or dwelling houses standing thereon and more particularly described in Schedule B hereunder written TOGETHER with all and singular houses, outhouses, buildings, sewers, ditches, fences, trees, drains, ways, paths, passages, commons, wells, waters, water-courses, lights, liberties, privileges, easements, profits advantages, rights, members, and appurtenances whatsoever to the said premises or any part thereof belonging or in anywise appertaining to or with the same AND ALL the estate, right, title, interest, use, inheritance, property, possession, benefit, claim and demand whatsoever at awl and in equity in to out of or upon the said premises or any part thereof TO HAVE AND TO HOLD all and singular the said premises hereby releasd, conveyed and assured with their and every of their rights, members, appurtenances unto and to the use and benefit to the party of the One Part.
2. In pursuance of the aforesaid agreement and in consideration of the party of the Other Part releasing, conveying and assuring unto the party of the One Part for ever all their half share, right, title, interest, claim and demand whatsoever in the properties described Schedule B hereto to the party of the One Part, THEY the party of the One Part hereby release, convey and assure unto the Party of the Other Part for ever all their half share, right, title, interest, claim and demand whatsoever in all those pieces or parcels of messuages land, tenements or dwelling-houses standing thereon more particularly described in Schedule C hereunder written TOGETHER WITH (as above up to “appurtenances up to and to the use and benefit”) of the party of the Other Part.
3. The parties hereto of the One and the Other parts further covenant with each other that at all times hereafter at the request and costs of the party requesting, the other shall do and execute or cause to be done and executed all such further and other lawful and reasonable acts, deeds, things, matters, conveyances and assurances in the law whatsoever for the better, further and more perfectly and absolutely releasing and assuring the said properties and every part thereof hereby conveyed unto and to the use of the said party in manner aforesaid as shall or may be reasonably required.
4. The deeds and writings comprised in Schedule D hereunder written which relate to the whole of the said HUF properties more fully and particularly described in Schedule A hereto of which the portion shown and edged by green boundary line on the plan annexed hereto has been allotted to the share of the party of the One Part and the portion shown and surrounded by red boundary line on the plan annexed hereto has been allotted to the share of the party of the Other Part, shall remain in the custody of the party of the Other part and the said party of the One Part hereby covenant with the party of the Other Part that unless prevented by fire or some inevitable accident from time to time and at all times hereafter upon every reasonable request of the party of the Other Part shall produce or cause to be produced the title deeds for the purpose of maintaining, defending and protecting their estate, title, or possession to the said property the rights whereof are hereby released, conveyed and assured or intended so to be and also at the like request and costs shall deliver or cause to be delivered to the party of the Other Part copies of or extracts or abstracts from the said documents as they may require and shall all the time hereafter keep the said documents safe, unobliterated and uncancelled.
5. It is hereby agreed and declared that the party of the One Part shall be the absolute owner of the properties comprised in Schedule B hereto and the party of the Other Part shall be the absolute owner of the properties comprised in Schedule C hereto as from the date of these presents and each of the parties of the One and the Other Parts declare that neither of them has any share, right, title, interest, claim or demand in or against the properties coming to the share of the other as aforesaid.
SCHEDULE A
ABOVE REFERRED TO:
SCHEDULE B
ABOVE REFERRED TO:
SCHEDULE C
ABOVE REFERRED TO:
SCHEDULE D
ABOVE REEERRED TO:
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hand and seal the day and year first hereinabove written.
SIGNED SEALED AND DELIVERED By the
within-named AB, etc. in the presence
of ________________
SIGNED SEALED AND DELIVERED By the
within-named EF, etc. in the presence
of __________________
