PARTITION DEED

THIS PARTITION DEED is made at Surat on this 2nd day of February, 2016

BETWEEN

ABC, aged 52 years, Occupation _____________, Residing at

________________, Zampa Bazar, Surat.
(hereinafter referred to as “the party of the first part”, which term shall
include, unless repugnant to the context, her heirs, administrators, agents,
successors-in-interest and assigns) of the FIRST PART for himself as well
as as the power of attorney holder of the party of Second Part, the party of
thrid part and the party of the fourth part.
XYZ , aged 82 years, Occupation Housewife and Business, Residing at
____________, Zampa Bazar, Surat
(hereinafter referred to as “the party of the second part”, which term shall
include, unless repugnant to the context, his heirs, administrators, agents,
successors-in-interest and assigns) of the SECOND PART
DEF, aged 51 years, Occupation Business, Residing at
_________________, USA
(hereinafter referred to as “the party of the third part”, which term shall
include, unless repugnant to the context, his heirs, administrators, agents,
successors-in-interest and assigns) of the THIRD PART
PQR, aged 46 years, Occupation Housewife, Residing at
____________________, UK BD89AR.
(hereinafter referred to as “the party of the fourth part”, which term shall
include, unless repugnant to the context, her heirs, administrators, agents,
successors-in-interest and assigns) of the FOURTH PART
WHEREAS:
1) Late XXX and his wife XYZ i.e. the party of the second part were the
joint owners of the property consisting of five flats out of the total nine
flats situated in the property bearing Nondh No. ____ of Ward No. ___
situated at _______ Street, Zampa Bazar, Surat which are more
particularly described in “Schedule” hereto (herein after referred to as
"said property" for the sake of brevity).
2) Late XXX expired at Surat on 18th September, 2015 leaving behind all
the parties as his heirs and as such his 50% undivided share devolved
 upon all the parties as per muslim law. Pursuant to said succession the
party of the first part, the party of the second part, the party of the third
part and the party of the fourth part have got 18.4% 54%, 18.4% and
9.2% undivided share respectively in the said property.
3) The party of the second part is the mother of the party of first, third and
fourth part. In view of said relationship as well as aforementioned
undivided shared in the said property, a family arrangement has been
made between the parties. As per said family arrangement the eastern
side flat on the first floor, which is more particularly described in
Schedule-B hereto is agreed to be allotted to the party of the fourth part
in lieu of her share by way of partition.
4) The party of the second part, third part and fourth part have appointed the
party of the first part as their respective attorney to sign and execute the
deed of partition and perform and/or caused to be performed all requisite
acts, deeds and things to effect the partition.
NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS:
All the parties hereby confirm and ratify that out of the joint property
consisting of five part (flats) described in the Schedule hereto the
property described in Schedule-B has been allotted to the party of the
fourth part in lieu of her share, and as such, the party of the fourth part
has become the absolute owner of the property described in Schedule-B.
It is further agreed by and between the parties that in view of said
partition and allotment the party of the fourth part is entitled to deal with
the property allotted to her in any manner whatsoever without any
hindrance from the other parties.
Similarly it has been further agreed by and between the parties that the
party of the fourth part has no right, title and interest in the remaining
four parts (flats) described in Schedule and as such, the party of the first
part, second part and third part are entitled to deal with the same in any
manner whatsoever without any hindrance from the party of the fourth
part. In fact the party of the fourth part has to give her signature and
consent to the dealings of the remaining parts (flats) without any
objection.
 It is further agreed by and between the parties that the accounts in
respect of joint property have been settled between the parties and
nothing is due and outstanding.
The valuation of joint property consisting of five parts (flats) is Rs.
32,15,500/-. This joint property is divided into two portions, of which the
smaller portion consisting of one part (flat) has been allotted to the party
of the fourth part and bigger portion consisting of remaining four parts
(flats) has been retained by the party of the first, second and third part.
The valuation of the smaller portion is Rs. 7,10,000/- and valuation of
bigger portion is Rs. 25,05,500/-. Under the circumstances the original
partition deed is executed on the requisite stamp of Rs. 1800/-, which is
the rounded sum as per 0.25% of the jantri valuation of smaller portion.
SCHEDULE
Description of joint property
ALL THAT PIECE AND PARCEL OF PROPERTY consisting of
1. Eastern side part (flat) on the Ground floor admeasuring 57.52 Sq.
Mts. built-up area
2. Eastern side part (flat) on the First floor admeasuring 57.52 Sq. Mts.
built-up area
3. Western side part (flat) on the First floor admeasuring 48.156 Sq.
Mts. built-up area
4. Western side part (flat) on the Second floor admeasuring 48.156 Sq.
Mts. built-up area
5. Western side part (flat) on the Third floor admeasuring 48.156 Sq.
Mts. built-up area
located in the building bearing Nondh No. _____ of Ward
No.___situated at ____________ Street, Zampa bazaar area of City
of Surat, Sub-District Surat City, District Surat together with the
fittings and fixtures appended thereto and also the proportionate
undivided share in the underneath land admeasuring total area of
122.07.50 Sq. Mts and all rights appended thereto.
The said property bearing Nondh No.______ is bounded:
On North : by Property bearing Nondh No. _____
On South : by Property bearing Nondh No._____
 On East : by Road
On West : by Road.
SCHEDULE-B
Description of property allotted to the party of the fourth part in lieu of her
share
ALL THAT PIECE AND PARCEL OF PROPERTY consisting of
Eastern side part of the first floor admeasuring 57.52 Sq. Mts. built-up area of
the building bearing Nondh No. ____ of Ward No.___ situated at
____________________, Zampa bazaar area of City of Surat, Sub-District
Surat City, District Surat together with the fittings and fixtures appended thereto
and also the proportionate undivided share in the underneath land admeasuring
total area of 122.07.50 Sq. Mts and all rights appended thereto. The said property
bearing Nondh No.3124 is bounded:
On North : by Property bearing Nondh No. ____
On South : by Property bearing Nondh No._____
On East : by Road
On West : by Road.
Description of Joint Property : Nondh No. _____ of Ward No. __, _________
Street Zampabazar, Surat.
Signature:
Signature:

IN WITNESS WHEREOF the parties have hereto signed on the day and
year first above written.

Signed Sealed and Delivered by

the withinnamed
ABC for himself as well as,
as the Power of Attorney Holder of
i) XYZ
ii) DEF
iii) PQR D/o XXX
in the presence of :
1.____________________________
2.____________________________ ____________________________
MR. ABC for himself as well as, as the
Power of Attorney Holder of i) XYZ,
ii) DEF and iii) PQR D/o XXX
 Name of Executant Photograph Thumbmark
ABC for himself as well as,
as the Power of Attorney Holder
of
i) XYZ

ii) DEF
iii) PQR D/o XXX

____________________________