Deed of Partition
This Deed of Partition is made and entered into at__________, amongst 1] ABC, an adult Indian, aged about_______ years, occ:-________, resident of_________________; 2] DEF, an adult Indian, aged about__________ years, occ:-__________, resident of_____________________________; 3] GHI, an adult Indian, aged about__________ years, occ:-___________, resident of____________________ & 4] XYZ, an adult Indian, aged about_______ years, occ:-____________, resident of_______________________.
WHEREAS, ABC, DEF and GHI are the real siblings, having been born to Mr_________________ (hereinafter for the sake of brevity referred to as the ‘said deceased’) and XYZ.
AND WHEREAS, the ‘said deceased’ died at___________, on___________, leaving behind ABC, DEF and GHI, his full blooded children and XYZ, his legally wedded wife.
AND WHEREAS, the ‘said deceased’ died intestate and he during his lifetime owned and possessed several immovable properties comprising agricultural lands and the structures thereon, by virtue of self-acquisition, besides certain agricultural lands and the dwelling house, which he had acquired by virtue of inheritance and succession.
AND WHEREAS, after the demise of the ‘said deceased’ the parties hereto being the only legal heirs have acquired undivided 1/4th share each in all of the immovable properties and the dwelling house left by the ‘said deceased’, which hitherto were held jointly by the parties hereto.
AND WHEREAS, all the parties hereto desired to have the immovable properties described in Schedules I, II, III & IV, severed and divided by metes and bounds, for absolute enjoyment and possession thereof, they appointed Mr.______________, an Architect and Government approved Valuer to ascertain the true Market value of all the properties described in Schedules I, II, III & IV and he has given the following valuation of properties.
| Sr.No. | Scheduled Properties | Property Valuation
Rs |
| 1. | Schedule I Properties:———————– | 4,50,000/- |
| 2. | Schedule II Properties:———————- | 3,50,000/- |
| 3. | Schedule III Properties:——————— | 4,00,000/- |
| 4. | Schedule IV Properties:——————— | 3,00,000/- |
| Total | 15,00,000/- |
AND WHEREAS, after several rounds of negotiations, the parties hereto have mutually agreed that the properties described in Schedule I will go to ABC, properties in Schedule II will go to DEF, properties in Schedule III will go to GHI and properties in Schedule IV will go to XYZ and on such individual allotments the parties hereto shall stand relieved and discharged from the collective rights, obligations and demands.
AND WHEREAS, the market value of the properties in the Schedules appended hereto differs, it is necessary to pay owelty amounts to the parties who stand to receive properties of the less than mean valuation.
NOW THIS DEED OF PARTITION WITNESSETH AS UNDER:-
1] DEF, GHI and XYZ, in pursuance of the individual absolute allotments made to them, have transferred, granted, conveyed, released and assigned unto ABC, all the properties described in Schedule I and to that extent ABC shall stand discharged and released from his rights, obligations, interests and liabilities in respect of rest of the properties described in Schedules II, III & IV. By virtue of these presents, ABC shall hold absolutely the properties described in Schedule I and enjoy them without any fetters.
2] ABC, GHI and XYZ, in pursuance of individual absolute allotments made to them, have transferred, conveyed, released, granted and assigned unto DEF, all the properties described in Schedule II and to that extent DEF shall stand discharged and released from his rights, obligations, interests and liabilities in respect of rest of the properties, described in Schedules I, III & IV. By virtue of these presents, DEF shall hold absolutely the properties described in Schedule II and enjoy them without any fetters.
3] ABC, DEF and XYZ, in pursuance of the individual absolute allotments made to them, have transferred, conveyed, released, granted and assigned unto GHI, all the properties described in Schedule III and to that extent GHI shall stand discharged and released from his rights, obligations, interests and liabilities in respect of rest of the properties described in Schedules I, II & IV. By virtue of these presents, GHI shall hold absolutely the properties described in Schedule III and enjoy them without any fetters.
4] ABC, DEF and GHI, in pursuance of the individual absolute allotments made to them, have transferred, conveyed, released, granted and assigned unto XYZ, all the properties described in Schedule IV and to that extent XYZ shall stand discharged and released from her rights, obligations, interests and liabilities in respect of rest of the properties described in Schedules I, II & III. By virtue of these presents XYZ shall hold absolutely the properties described in Schedule IV and enjoy them without any fetters.
5] To arrive at equality of partition, ABC has paid unto XYZ, a sum of Rs. 75,000/- (Rs. Seventy Five Thousand Only); Similarly, GHI has paid unto DEF, a sum of Rs 25,000/- (Rs Twenty Five Thousand Only) towards owelty. DEF and XYZ on their part hereby acknowledge the payment and acquit GHI and ABC to that extent.
6] None of the parties hereto shall sell his/her individual allotments without first making offer in that regard to the other parties.
SCHEDULE I
_____________
SCHEDULE II
_____________
SCHEDULE III
_____________
SCHEDULE IV
_____________
NOW IN WITNESS WHEREOF, the parties hereto have set and subscribed their respective hands to this writing the day, month and year first hereinbefore written.
Signed, Sealed and Delivered
by the withinnamed ABC in the
presence of
Witness:-
Name:-__________________
Address:_________________
ABC
Signed, Sealed and Delivered
by the withinnamed DEF in the
presence of
Witness:-
Name:-__________________
Address:_________________
DEF
Signed, Sealed and Delivered
by the withinnamed GHI in the
presence of
Witness:-
Name:-__________________
Address:_________________
GHI
Signed, Sealed and Delivered
by the withinnamed XYZ in the
presence of
Witness:-
Name:-__________________
Address:_________________
XYZ
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