DEED OF PARTITION

This DEED OF PARTITION is executed at Chennai on this the DAY OF

APRIL, 2022.

BY

1. Shri. S. VIJAYKUMAR, S/o. Late Shri. K. Somasundaram, Hindu, aged

about years, residing at No. 26, II Floor, Loganathan Colony,
Mylapore, Chennai – 600 004, hereinafter called the PARTY OF THE
FIRST PART.

2. Shri S. MOHANKUMAR, S/o. S/o. Late Shri. K. Somasundaram, Hindu,

aged about years, residing at No. 26, First Floor, Loganathan Colony,
Mylapore, Chennai – 600 004, hereinafter called the PARTY OF THE
SECOND PART.

3. Shri S. BALASUBRAMANIAN, S/o. Late Shri. K. Somasundaram,

Hindu, aged about years, residing at No. 26, Ground Floor, Loganathan
Colony, Mylapore, Chennai – 600 004, hereinafter called the PARTY OF
THE THIRD PART.

(The terms of Parties of the First Part, Second Part and Third Part, wherever the
context so occur herein shall mean and include their respective heirs, legal
representatives, executors, administrators and assigns winesseth)
WHEREAS the aforesaid parties of the First Part, Second Part and Third Part
are the joint owners as coparceners in equal shares of the properties mentioned
in the Schedule “A” of this deed of partition, which property was acquired out
of their common family funds in the capacity of co-parceners.

WHEREAS the property being the land, building and premises bearing No. 26,
Loganathan Colony, Mylapore, Chennai – 600 004, (More fully described in the
‘A’ schedule hereunder) was originally belonged to one Mr. K. N. Raman who
purchased the schedule land from Sambanda Mudaliar and others under a sale
deed dated 03.05.1962 as document No. 722 of 1962 in book No. 1, Volume 2,
in the office of the Sub-Registrar, Mylapore, Chennai.

WHEREAS the said K. N. Raman mortgaged the schedule land with Life
Insurance Corporation of India under Mortgage Deed dated 23.06.1964,
registered as Document No. 974 of 1964, in the Office of Sub-Registrar,
Mylapore, Chennai and constructed building on the schedule land. Thereafter
the said K. N. Raman sold the property to one Smt. Rajalakshmi Suryanarayan
under sale deed dated 30.11.1966 vide document bearing No. 1918 of 1966,
registered in the office of the Sub-Registrar, Mylapore, Chennai and from and
out of the sale proceeds, he discharged the Life Insurance Corporation loan and
reconveyed absolutely under the deed of Reconveyance dated 26.12.1966 as
documents bearing No. 121 of 1966, registered in the office of the Sub-
Registrar, Mylapore, Chennai. Subsequently the said Smt. Rajalakshmi
Suryanarayan carried out certain additions and alterations as per the approved
plan.
WHEREAS the aforesaid property was purchased by the aforesaid party of the
First Part, Second Part and Third Part jointly on 13.05.1987 from the said Smt.
Rajalakshmi Suryanarayan, W/o. V. N. Suryanarayanan, who was residing at
No. 26, Loganathan Colony, Mylapore, Chennai – 600 004, by way of a sale
deed dated 13.05.1987 and registered as Document No. 356 of 1987, Book No.
1, registered in the office of the District Registrar, Madras Central and
subsequently the aforesaid parties of the First Part, Second Part and Third Part
have carried out certain additions and alterations in the “A” Schedule properties
at their common costs out of their common family funds, which was within the
ambit of the approved plan.

AND WHEREAS the aforesaid parties of the First Part, Second Part and Third
Part, herein have by way of an family arrangement on 26.9.09, mutually agreed
to divide the said properties amongst themselves in order to avoid any future
dispute with regard to the said schedule A property.

AND WHEREAS that in pursuance of the aforesaid agreement, the parties

herein have divided the “A” Schedule mentioned property into four parts as “B”
Schedule, “C” Schedule and “D” Schedule properties hereunder and as
delineated in the sketch hereto and the aforesaid parties of the First Part, Second
Part and Third Part have agreed to assign the properties as if they are utilizing
the portions in the following manner.

1. The “B” Schedule property to the Party of the first part Mr. S.
Vijayakumar and marked as “A” and coloured in BLUE in the sketch
 attached hereto absolutely to the exclusion of the other common premises
in the Schedule A property.

2. The “C” schedule property to the party of the second part Mr. S.
Mohankumar and marked as “B” and coloured in RED in the sketch
attached hereto absolutely to the exclusion of the other common premises
in the Schedule A property.

3. The “D” schedule property to the party of the Third part Mr. S.
Balasubramanian an marked as “C” and coloured in YELLOW in the
sketch attached hereto absolutely to the exclusion of the other common
premises in the schedule A property.

WHEREAS the parties herein mutually agree and shall use the other than
respective schedule property assigned to each party in common for all the above
parties. Further the aforesaid parties have also mutually agreed that the
aforesaid parties become sole and absolute owners of their allotted properties
AND WHEREAS the aforesaid parties have taken possession of the properties
assigned to them as aforesaid.

NOW THIS DEED OF PARTITION WITHNESSETH AS FOLLOWS:

1.That in consideration of the right title and interest made in accordance with
the aforesaid terms of this deed and in accordance with the conditions
hereinafter mentioned release and relinquish their interest in the properties
allotted to other parties and each of the said parties hereby conveys to respective
each other-party separately, his / their respective right, title and interest therein
so as to constitute each party to this deed the sole and absolute owner of
demands of other thereto or concerning therewith, as from the date of this deed
as in the following manner.

The aforesaid parties of the First Part, Second Part and Third Part have agreed
to assign the properties as “B” schedule property is absolutely assigned to the
party of the first part Mr. S. Vijayakumar and marked as “A” and coloured in
BLUE in the sketch attached hereto absolutely to the exclusion of the other
common premises in the schedule A property.

The “C” schedule property is absolutely assigned to the party of the second part
Mr. S. Mohankumar and marked as “B” and coloured in RED in the sketch
attached hereto absolutely to the exclusion of the other common premises in the
schedule A property.

AND The “D” schedule property is absolutely assigned to the party of the Third
part Mr. S. Balasubramanian and marked as “C” and coloured in YELLOW in
the sketch attached hereto absolutely to the exclusion of the other common
premises in the schedule A property. AND the parties herein mutually agree and
shall use the other than respective schedule property assigned to each party in
common for all the above parties.

2.That the original deed of partition shall be retained by first party and the
Duplicate copy hereof will remain in the custody of the party of the other parts.
And it is further agreed that the original title deeds relating to the property
which are common, shall remain with the party of the first part who has agreed
to give a covenant for production to the other parties whenever necessary.

3.That the parties have agreed that all taxes, assessments payable to the
Government or Municipal Corporation or any other public bodies and public
charges in respect of the allotted properties shall be borne by the respective
parties themselves.

4.That each party herein shall/will execute such deed or do all other acts
necessary which may be requisite for more effectually assuring the party so
requiring and at their respective cost, in the manner required by law and appear
before revenue or other authorities to have mutation of revenue records effected
in respect of the party assigned to the party concerned.

5.Each party covenants with the other that they/he respectively have/has not
done any act, deed or thing whereby or by means whereof they/he are/is
prevented from conveying and releasing the property to the other in the manner
aforesaid.

6.Each party also covenants with the other that each party will execute and get
registered, if necessary any deed, assurance or other document which may be
required for fuller and more perfectly assuring the title or likewise of the
respective property allotted. The parties herein are at liberty to submit all such
applications to and to have their/his name entered in all the Revenue,
Corporation Records, Tahsildar, Collector and the records maintained by the
Chennai Metropolitan Water Supply Board, Tamil Nadu Electricity Board and
such other authorities and have separate connections and assessments in respect
thereof with respect to the portions allotted to the share of the each of the parties
herein.

7.Each party hereto further covenants with the other that the respective party
will hereafter hold possession of the respective property so allotted to him,
quietly and peacefully and enjoy the possession and/or rents thereof without any
suit, interruption, claim or demand by the covenanting party, his heirs,
executors, administrators and assigns or any person claiming under him.

8.That the aforesaid parties agreed and covenant with the others that they shall
and will own and enjoy the undivided share of the land hereby allotted in
common and consistent with the right and interest of the owners of the other
undivided share in the land described in the schedule “A” and all other persons
lawfully entitled thereof enjoy in common sewers, drains and water courses and
to permit to run and pass water along with land to equally share with the
aforesaid parties and other persons the cost of the repairing and maintaining
such sewers, pump sets, common lights, staircases, drains and water courses of
the said property and to use the same aforesaid. The parties herein shall be
permitted to use all the passage herein for light vehicles and to run through the
common passage water, drainage, electricity, telephone, T.V.cable without
constructing any obstruction of free passage to other users.

9.And the parties shall be liable to contribute as the case may be to decide for
the purpose of meeting expenses common to the owners of the property
including taxes and the parties hereby undertake to keep the other parties
indemnified against all risks, costs, losses, damages they may be put to or suffer
on account of the other parties shall observe and perform strictly.

10.The parties herein strictly covenants with others, that the parties are only
permitted to demolish or alter the partition walls in their respective allotted
premises as mentioned in the schedule hereto without causing damage to the
others premises/portion and without causing structural damage, deviation in
approved plan etc.
11.The parties shall not at any time carry on or suffer or suffered to be carried
on in the flat that may be sold and conveyed any trade or business whatsoever
(except that of a solicitor, surgeon, physician or dentist) or any offensive or
dangerous trade or pursuit which may be or become in any way a nuisance
annoyance or danger to the owners or occupiers of the other portions or to any
neighbour in property of which may tend to prejudice or adversely affect the
value of the property or permit the same to be used for any other purpose other
than dwelling house. Hence in the event of a party herein willing to convey his
respective premises absolutely, he shall in writing intimate the same to the other
parties herein of such intention of sale of such premises under the prevailing
market value, whereby, only if the other party / parties herein if discards the
said offer within a period of 30 days, the party intending to convey his
respective premises, shall carry on to sell to the third party as aforementioned.

12.The property being allotted a separate connection(delivery line) from the

common overhead tank and the parties are permitted to use it solely and attend
to any structural repairs thereto, if the parties want to have separate overhead
tank with a separate pump provided at his cost subject to however without
tampering with any of roof flooring and the tank must be constructed above the
roof floor. The parties agreed that the supply of the electric energy to the flat
will be regulated by a separate meter assigned to the individual portion and each
parties shall pay the consumption charges, as per bills made out against the
meter and also share the charges for the common electricity for the common
area, common motor pump, etc., in respective equal proportion. It is mutually
agreed that in the event of the respective party who wishes to have a separate
motor pump, the same may be affixed in the common area without causing any
structural damage to the superstructure.
13.It is further agreed that the sanitary convenience of everyone of the property
will be connected to the common sewer for the entire building and any repairs
necessitated to the common sewer main shall be carried on by all the parties
jointly and the expenditure arising there from shared equally.

14.The parties shall share the current consumption charges for the electrical
energy for pumping water from the sumps or well to the overhead tank equally
as per bills or mutually agreed by themselves. In case of any one of the parties
having a separate overhead tank pump and electrical pump motor this clause
will not be applicable to the said party.

15.The parties also agree that if any repairs necessitated to the water pump set
the same shall be immediately carried out at the joint equal expenses of all the
owners of the flats in the case of common motor and pump being provided in
the boundaries of schedule A property will be enjoyed in common by the
parties.

16.The parties also agree that there shall be free and uninterrupted passage
running water, oil, gas and the electricity from and to the flat through the sewers
drains and water courses, cables pipes and wires which are or may be at the
building or any part thereof.

17.The parties also agree that there shall be absolute Right of passage for the
parties and their agents or workmen to the part of the building at all reasonable
times on notice including water tanks for the purpose of cleaning or repairing or
maintaining the same. It is also mutually agreed by the parties herein that the
Right of passage for the parties and their agents or workmen to the parts of the
building at all