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  • Format For Filing A Partion Suit (Sample)

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    Aditiproperties mumbai
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    This document is a suit for partition of joint Hindu family property filed in the City Civil and Sessions Court of Mumbai. [1] It introduces the plaintiff and four defendants who are members of the same joint Hindu family. [2] It describes that the family property was purchased by their late father and seeks partition and separate possession of the plaintiff's 1/5 share of the property. [3] The plaintiff claims that the cause of action arose when he learned about the facts of partition and that the court has jurisdiction as all parties reside in Mumbai where the property is also located.

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    Format for Filing a Partion Suit (Sample)

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    This document is a suit for partition of joint Hindu family property filed in the City Civil and Sessions Court of Mumbai. [1] It introduces the plaintiff and four defendants who are members of the same joint Hindu family. [2] It describes that the family property was purchased by their late father and seeks partition and separate possession of the plaintiff's 1/5 share of the property. [3] The plaintiff claims that the cause of action arose when he learned about the facts of partition and that the court has jurisdiction as all parties reside in Mumbai where the property is also located.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    114 views4 pages

    Format For Filing A Partion Suit (Sample)

    Uploaded by

    Aditiproperties mumbai
    This document is a suit for partition of joint Hindu family property filed in the City Civil and Sessions Court of Mumbai. [1] It introduces the plaintiff and four defendants who are members of the same joint Hindu family. [2] It describes that the family property was purchased by their late father and seeks partition and separate possession of the plaintiff's 1/5 share of the property. [3] The plaintiff claims that the cause of action arose when he learned about the facts of partition and that the court has jurisdiction as all parties reside in Mumbai where the property is also located.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 4

    BEFORE THE HONOURABLE CITY CIVIL AND SESSIONS COURT, MUMBAI

    SUIT FOR PARTITION OF JOINT HINDU FAMILY PROPERTY

    Original Suit No. …………………of 2021

    1. Mr. ABCD S/o Late PQRS,


    Address :Resident of Bandra, Mumbai ………………………………Plaintiff

    Versus
    1. Mr.……………………………………… S/o ________
    R/o………………………………
    2. Mr.………………………………………S/o ________
    R/o………………………………
    3. Sri ………………………………………s/o
    4. Sri ……………………………………… s/o _________
    (Addresses of all) ………………………………Defendants

    Sir,

    The above-named plaintiff states as follows:

    1. That the plaintiff and the defendant No.1 to 4 are members of a joint Hindu family.
    Defendant No.1 to 3 and plaintiff are real brothers whereas defendant No.4 is the son of
    late _______ who is also a real brother of plaintiff and defendant No. 1 to 3.
    Unfortunately, he died on…………………leaving behind his only son (defendant No.4).

    2. That the father of the plaintiff and defendant No.1 to 4 late Sri ——- is the Karta of joint
    Hindu family purchased the property in suit, from Sri _____vide Sale Deed dated
    ………….which is duly registered in the office of sub-registrar Bandra in Vide Registratio
    No...volume ………page No. ………registered on ………….full details of which are given
    at the end of this plaint in the schedule of property. Late ______ died on ………….
    intestate.

    3. That the plaintiff and defendant No.1 to 4 are in joint possession of the property in
    suit. Plaintiff and defendant No.1 to 4 have an equal undivided share in the whole of the
    property. In other words, each has 1/5th share of the whole of the property dispute.

    4. That the defendant No. 4 has sold his undivided 1/5th share of the suit property to Sri
    _______-, who is made a party in the suit as a Performa defendant and no relief claimed
    against him.

    5. That the Proforma defendant No.5 is trying to get possession in the joint property by
    hook and crook and threatening for dire consequences.

    6. For the above reasons, it would be to the plaintiff’s benefit to have his share
    separated by a partition.

    7. That the plaintiff claims the partition of the said property and separate possession of
    his 1/5th share.

    8. That the cause of action for the said suit arose on……………when the plaintiff came to
    know about the facts of the partition of properties.

    9. That the suit property is situated in MUMBAI and all the parties permanently residing in
    MUMBAI, within the jurisdiction of this honorable court. Hence this court has jurisdiction to
    hear and adjudicate this suit.
    10. For the purpose of court fees and jurisdiction, a suit valued at rupees ………………
    which is a market value of the plaintiff’s 1/5th share of the disputed property and
    appropriate court fees thereupon being paid.
    The plaintiff claims:
    (1)………………………………………………………………………………………………………
    ……
    (2)………………………………………………………………………………………………………
    ……
    (3)………………………………………………………………………………………………………
    ……
    Schedule of property:
    …………………………………………………………………………………………………………
    ……………………………………………………………………………………………………………
    ……………………………………………………………………………………………………………
    ……………………………………………………………………………………………………………

    Signature

    Verification:
    I, the above named plaintiff, declare that the contents of paragraphs 1 to 7 of the plaint are
    true within my personal knowledge, and that the contents of paragraphs 8 to 10 of the plaint
    are based on legal advice received by me and believed to be correct. Verified on………… at
    MUMBAI.
    Date………….
    Place, MUMBAI.

    Signature

    Essential Components in a Partition Suit

    Introduction of the parties

    Facts of the case

    What led to Partition

    Reasons for Partition

    Cause of Action

    Jurisdiction

    Court Fee

    Relief
    Schedule of Property

    Verification

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