Format For Filing A Partion Suit (Sample)
Format For Filing A Partion Suit (Sample)
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,
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
Cause of Action
Jurisdiction
Court Fee
Relief
Schedule of Property
Verification