“PARTITION-SALE OF LAND”

Filing/Advocate Attorney: Attish Ramgobin

Attorney at Law
No 108 Edinburgh Village
Chaguanas.
Bar No.: RAA 2013196
Tel: (868)-780-2284/ (868) 671-3993
E-mail: attishramgobin@gmail.com

Instructing Attorney: Leon Kalicharan

Attorney-at-law
Bar No. KAL2013150
139 Duke Street
Port of Spain
Phone: 367-7555
Email: lkalicharan@gmail.com

REPUBLIC OF TRINIDAD AND TOBAGO

IN THE HIGH COURT OF JUSTICE

Claim No CV 2019-

IN THE MATTER OF THE PARTITION ORDINANCE

CHAPTER 27 NO. 14

AND

IN THE MATTER OF AN APPLICATION FOR THE PARTITION/SALE OF A

PARCEL OF LAND SITUATE AT WARD OF CEDROS COMPRISING NINE
ACRES TWO RODS AND THIRTY FIVE PERCHES

BETWEEN

ASHOUK YUSSUFF ALI

First Named Claimant
RASICK ALI
Second Named Claimant
CASSIM ALI
Third Named Claimant
HAZRA DIPCHAND
 Fourth Named Claimant

AND

RUDY ASHRAFF ALI

First Named Defendant

**********
NOTICE OF APPLICATION
**********

The Applicant, HAZRA DIPCHAND of No. 80 Railway Road, Arouca hereby applies
to the Court for an order pursuant to Part 21 of the Civil Procedure Rules 1998 that:

1. That the said Applicant, HAZRA DIPCHAND be appointed Administrator

Ad Litem of the Estate of the Second Claimant, RASICK ALI who died on
the ______________ for the limited purpose of commencing and defending
proceedings against the Defendant.

2. That the said Applicant, HAZRA DIPCHAND be appointed Administrator

Ad Litem of the Estate of the Second Claimant, CASSIM ALI who died on
the ______________ for the limited purpose of commencing and defending
proceedings against the Defendant.

The Grounds for this application are:-

i. This Application is being made pursuant to Part 21 of the Civil Procedure Rules
1998.

ii. That the Claimants, together with the Defendant are siesed and possessed of a two
thirds (2/3) share and interest as tenants in common, ALL and SINGULAR that
piece or parcel of land situate in the Ward of Cedros comprising NINE ACRES
TWO RODS AND THIRITY-FIVE PERCHES and described in Volume 2963
Folio 149 (hereinafter referred to as “the said parcel of land”).

iii. The Defendant is also siesed and possessed of the remaining one third (1/3) share
and interest in the said lands by virtue of Memorandum of Gift
 iv. The Second Named Claimant RASICK ALI died on the __________ intestate
without any surviving spouse or children and his estate divests to all of his
siblings, being the Claimants and Defendants named herein and who are also
entitled to apply for the Grant of Letters of Administration of the Estate of the
Second Named Claimant.

v. The Third Named Claimant, CASSIM ALI died on the ____________ intestate
and was survived by his wife Evelyn Ali who is the first person entitled to apply
for the Grant of Letters of Administration of the Estate of the Third Named
Claimant.

vi. The First and Fourth Claimant are desirous of partition and/or selling their share
and interest in the said parcel of land and have attempted to request from the
Defendant and Evelyn Ali, their cooperation in applying for the Grants of
Representation of the Estates of RASICK ALI and CASSIM ALI so that the
said parcel of land can be either sold or partitioned.

vii. The First and Fourth Claimant, through their Attorney, sent letters to the
Defendant and Roselyn Ali requesting their cooperation in the partitioning and/or
sale of the said parcel of land, however to date there has been no reply or response
to the same.

viii. No application for the Grant of Letters of Administration of the estates of the
Second and Third Claimant have been applied for nor are there any Legal
Personal Representatives appointed to their estates.

ix. The Applicant has no interest that is adverse to estate of the Deceased.

x. The First and Fourth Named Claimant are desirous of commencing legal
proceedings against the Defendant for the sale and/or partitioning of the said
parcel of land and it will be necessary for the estates of the Second and Third
Named Claimants to be represented in the suit.

a. A Draft Order that the Applicant seeks is hereto attached.

b. An affidavit of HAZRA DIPCHAND is hereto attached in support of this
application.

I hereby certify that the facts stated above are true to the best of my knowledge,
information and belief.

Dated this day of 2019.

 ____________________________
ATTISH RAMGOBIN
ATTORNEY AT LAW FOR THE
APPLICANT

This Application was taken out by Attish Ramgobin, Attorney-at-law of 108 Edinburgh
Village, Chaguanas.

This application will be heard by the Judge/Master in Chambers on the day of

2019 at am/pm at the High Court of Justice, Port of Spain

The Court Office is at the High Court of Justice, Knox Street, Port of Spain, Trinidad and
Tobago, Telephone Number 225-1060, Fax Number 657-4120. The office is open
between 8:00am and 4:00pm Mondays to Fridays except Public Holidays and Court
Holidays.

The Applicant’s address for service is :-

c/o. Leon Kalicharan

Attorney-at-law
139 Duke Street
Port of Spain.

TO: The Assistant Registrar

Court Office,
Knox Street,
PORT OF SPAIN

AND TO: Mr. RUDY ASHRAFF ALI

Southern Main Road
Bonasse Village
Cedros

Mrs. EVELYN ALI

#8 Bamboo Village
Cedros.