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Suit for Partition format download| Civil Suit for

Partition of Joint Property


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building.html

Partition Suit format for Partition of Joint ownership Property.

Format of Suit for Partition of property owned by more than one


co-owners to be filed in a Civil Court.
A Partition Suit is a Suit filed in the Court to claim share of Property of the Petitioner.
Partition Suit can be filed for partition of residential property, commercial property or land.
A legal heir or co-owner of the joint property, in possession of any legal document like will,
gift deed, sale deed etc can file a suit for partition and claim his individual share. A
Partition Suit can be filed by the co-owner after sending a legal notice to the other
shareholders demanding to share the property. If no solution is found and dispute
prevails, a Partition Suit can be filed in a Civil Court.

IN THE COURT OF DISTRICT JUDGE AT _____________COURT

CIVIL SUIT NO. __________ OF 20__

IN THE MATTER OF:

Mr. _________ PLAINTIFF

VERSUS

Mr. ____________ DEFENDANT

INDEX

Sl. No. Particulars Pages Court Fee

1. Memo of Parties

2. Suit for Partition

3. Affidavit on behalf of the Plaintiff

4. List of Documents along with Documents

5. Vakalatnama

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Filed by

__________________ Advocate

New Delhi

Date:

IN THE COURT OF DISTRICT JUDGE AT _____________COURT

CIVIL SUIT NO. __________ OF 20__

IN THE MATTER OF:

Mr. _________ PLAINTIFF

VERSUS

Mr. ____________ DEFENDANT

MEMO OF PARTIES

Mr. __________________________________ PLAINTIFF

Address_______________________________

VERSUS

Mr.___________________________________ DEFENDANT

Address_______________________________

Plaintiff

Through

__________________ Advocate

New Delhi

Date:

IN THE COURT OF DISTRICT JUDGE AT _____________COURT

CIVIL SUIT NO. __________ OF 20__

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IN THE MATTER OF:

Mr. __________________________________ PLAINTIFF

Address_______________________________

VERSUS

Mr.___________________________________ DEFENDANT

Address_______________________________

SUIT FOR PARTITION

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff aged about ____ is the younger son of Late_________________
residing at _________________________.
3. That the Defendant aged about _____ is the elder son of Late _______________ of
Residing at ________________________.

3. That the Plaintiff and Defandant are co - owners of house No.__________


______________ ____________ with the construction of the three floor building
comprising of three , kitchen , latrine , bathroom, passage on each floor , built over a
measuring area of 150 sq. yards hereinafter called the 'Suit Property'. The site plan is
annexed herewith.

4. That the suit property was purchased by the grand father of Plaintiff and Defendant
Late _____________________ who expired on _______________. The suit property
have not been sub divided or partitioned and the defendant is in joint possession of the
same.

5. That the defendant have illegally and fraudulently retained with him the original papers
of the suit property. The said defendants further denied the existence of the right of just
share of the plaintiff in the suit property.
That the plaintiff got married to _____________ Ms. ________________, Daughter of
_____________________ on ________________ at _______________. The party to this
marriage was also blessed with a daughter aged about _____ _____. The copy of the
marriage Registration Certificate, issued by Registrar _________________ is
annexed herewith.

6. That the plaintiff is entitled to 1/2 ( half ) share in suit property.

7. That for last one year the plaintiff is requesting the defendant for amicable partition of
the suit property, but the defendant is avoiding the same and have no intention in dividing
the suit property.

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8. That defendant, in fact, is avoiding the partition and therefore, it is in the interest of
plaintiff to get the property partitioned by metes and bounds.

9. That entire family of the plaintiff is suffering in the present situation and there is every
likelihood of illegal acts on behalf of the defendant in order to sell and dispose of the suit
property with a view to defraud and defeat the plaintiff and the plaintiff will be facing
irreparable loss and financial hardship at the hands of the defendants.

10. the plaintiff requested the defendant for the partition of the suit property in on _______
but the Defendant is reluctant to do partition of the Property.

11. That on _______ the Plaintiff has served a legal notice to the Defendant for Partition
of the property, which was not replied by the Defendant.

12. That the cause of action for partition had arisen in favour of the plaintiff and against
the defendant when the plaintiff requested the defendant for the partition of the suit
property in on _______ and when the Plaintiff has served legal notice dated _____ to the
Defendant and the cause of action further survived and is continuing as the defendant
has failed to partition the property till date.

PRAYER

In the facts and circumstances of case mentioned herein above this Hon-ble Court may
graciously be pleased to:
a) Pass a decree of Partition of Flat No.______ in favour of the Plaintiff by directing the
Defendant to handover physical possession of 50% share of the Property and original
documents to the Plaintiff;

b) Pass order to award legal expenses in favour of the Plaintiff and against Defendant;

c) Any other relief, which the Hon-ble court deems fit, may please be granted to the
plaintiff in the interest of justice.

PLAINTIFF

THROUGH

______________., Advocate
Place :

Date :

VERIFICATION

I, ____________, the above named Plaintiff states on solemn affirmation that contents of
Para 1 to __ of the Plaint are true and correct to the best of my knowledge and belief and
those of legal averments are true and correct on the basis of legal advice received and
believed to be true by me.

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Verified at ____ on this ______ day of _____ 20__

PLAINTIFF

IN THE COURT OF DISTRICT JUDGE AT _____________COURT

CIVIL SUIT NO. __________ OF 20__

IN THE MATTER OF:

Mr. _________ PLAINTIFF

VERSUS

Mr. ____________ DEFENDANT

LIST OF DOCUMENTS

Sl No Description Page No

1.

2.

3.

PLAINTIFF

THROUGH

______________., Advocate
Place :

Date :

IN THE COURT OF DISTRICT JUDGE AT _____________COURT

CIVIL SUIT NO. __________ OF 20__

IN THE MATTER OF:

Mr. _________ PLAINTIFF

VERSUS

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Mr. ____________ DEFENDANT

APPLICATION FOR EX PARTE AD- INTERIM INJUNCTION UNDER ORDER 39


RULES 1 AND 2 OF THE CPC READ WITH SECTION 151 OF CPC

MOST RESPECTFULLY SHOWETH

1. That the Plaintiff has filed the instant Suit for Partition against the Defendant and the
same is pending before this Hon-ble Court.

2. That the averments made in the accompanying plaint may kindly be read as part and
parcel of the application which are not being reproduced here for the sake of bravity.

3. That the Plaintiff has prima facie a good case in his favour and is very likely to succeed
in it.

4. That the balance of convenience is also in favour of the Plaintiff and against the
Defendant.

5. That the Plaintiff is residing abroad and has come to know that the Defendant has been
approaching different persons to sell and dispose of the Suit Property to defraud and
defeat the Plaintiff. The Plaintiff apprehends that the Defendant is taking steps to sell or
dispose of the Suit property.

6. It is submitted that grave loss and injury would be caused to the Plaintiff in case the
interim order as prayed for in this application is not granted and the same cannot be
compensated in terms of money.

7. This application is bonafide and in the interest of Justice.

8. The Purpose of this application and indeed the plaint, and ends of justice would be
defeated unless ex-parte ad-interim orders as prayed for are issued for injunction.

PRAYERS

In this circumstances, this Hon-ble Court may graciously be pleased to:

(a) Issue an ex-parte ad-interim injunction against the Defendant during the Pendency of
Suit restraining and prohibiting the Defendant, his agents or representatives from in any
manner creating any charge, mortgage, liability, interest or any manner alienating by sale
or otherwise the suit property No____________ situated at _________________;

(b) Pass such other or further orders as this Hon-ble Court deem fit and proper in the
circumstance of the case.

PLAINTIFF

THROUGH

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______________., Advocate
Place :

Date :

Note: Please attach separate affidavits with Partition Suit as well as application for interim
injunction

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