SUIT FOR PARTITION OF JOINT HINDU FAMILY PROPERTY:

In the court of civil judge (senior division) Dehradun

Original Suit No. …………………of 2014

1. Sri Ram Lal s/o Late Sri Chunee Lal r/o ……………………………………………Dehradun

Plaintiff

Versus

1. Sri ……………………………………………… .s/o Chunee Lal r/o………………………………………

2. Sri …………………………………………………s/o Chunee Lal r/o……………………………………...

3. Sri …………………………………………………s/o Chunee Lal r/o……………………………………..

4.Sri ………………………………………………….s/o Late Sham Lal r/o ……………………………….....

Defendant

5. Sri Rati Ram s/o Sri Sati Ram r/o 171 Shakti Vihar Dehradun.

Performa defendant.

Sir,

The above named plaintiff states as follows:

1. That the plaintiff and the defendant No.1 to 4 are a member of a joint Hindu family. Defendant No.1
to 3 and plaintiff are real brothers whereas defendant No.4 is the son of late Sham Lal who is also a real
brother of plaintiff and defendant No. 1 to 3. Unfortunately he has 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 Chunee Lal is the Karta of joint Hindu
family purchased the property in suit, from Sri Nand Lal vide sale deed dated ………….which is duly
registered in the office of sub registrar Dehradun in bahi No. …..volume ………page No. ………registered on
………….full details of which are given in the end of this plaint in schedule of property. Late Chunee Lal
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 equal undivided share in the whole of the property. In other words each have
1/5th share of in 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 Rati Ram, who
is made party in the suit as a Performa defendant and no relief claimed against him.

5. That the Performa 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 partition.

7. That the plaintiff claims 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……………………….

9. That the suit property is situated in Dehradun and all the parties permanently residing in Dehradun,
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, suit valued at rupees ……………… which is a market
value of 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 Dehradun.

Date…..........

Place, Dehradun.
Signature

NOTE: For drafting the perfect plaint for the suit of partition one must

keep in mind the principle laid down by

the honorable

Supreme Court in the recent case

Shasidhar & Others Vs Smt. Ashwini Uma Mathad & Anr.

decided on January 13, 2015.details given above in this page

Comments

You do not have permission to add comments.