Suit For Contribution By A Member Of A Joint Hindu Family Against Other Members

Suggest Format of "Suit For Contribution By A Member Of A Joint Hindu Family Against Other Members"​

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BEFORE THE HON’BLE JMFC/CITY CIVIL COURT

_____________AT _______________, MUMBAI

Suit no.______ of 20_____

 

Mr. ABC S/o DEF                     )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )  

 ….…………Plaintiff

            Versus

 

Mr. XXX S/o YYY                      )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            ) 

…………Defendants

               

MAY IT PLEASE YOU HONOUR;

The Plaintiff abovenamed begs to states as follows;

  1. That the Plaintiff and the Defendant along with their father the late Sri AB, constituted a Hindu Joint-family of which the late Sri AB, was the karta.
  2. That the late Sri AB, died on……………, leaving behind the Plaintiff and the defendant as his survivor-coparceners.
  3. That the late Sri AB, purchased a house No…………., in mohalla ……………… in the city of………………. For a consideration of Rs……………… paid out of the joint-family funds from the late Sri CD, son of ………………resident of ………………….. on…………….
  4. That the late Sri CD, died on………… leaving behind two minor sons as his sole heirs.
  5. That the said two sons of late Sri CD, filed a suit in the Court of……………….. at ………………… for cancellation of the sale deed on the ground that the late Sri CD, was a lunatic at the time of the sale and was not in possession of a sound disposing mind.
  6. That while the Plaintiff resides in the city of………………. The defendant is in Government service posted at Madras and consequently the suit filed by the sons of late Sri CD, had to be looked after and contested by the Plaintiff alone who met the expenses thereof from his own personal funds.
  7. That the suit filed by the sons of the late Sri CD, was dismissed on…………….. and they did not file any appeal against the decree dismissing their suit.
  8. That the total amount spent by the Plaintiff on the litigation aforesaid is Rs…………….. as per details given in Schedule A attached to the plaint.
  9. That in spite of repeated demands and given of a registered notice with acknowledgement due the Defendant is not paying his contribution towards the expenses incurred by the Plaintiff in defending the suit filed by the sons of late Sri CD.
  10. That the Plaintiff is entitled to recover Rs…………… from the Defendant as his contribution towards the expenses aforesaid and he is liable to pay the same to the Plaintiff.
  11. Cause of action.
  12. That the valuation of the suit for the purposes of jurisdiction and court-fee is Rs………., on which ad valorem court-fee has been paid.

The Plaintiff, therefore, claims the following reliefs:

  • A decree for Rs…………….., with pendent lite and further interest may kindly be passed against the defendant, and in favour of the Plaintiff.
  • Costs of suit may be awarded to the Plaintiff.
  • Any other relief that this Court may deem just and proper.

 

 

Plaintiff.

 

Advocate of the Plaintiff.

 

V E R I F I C A T I O N

   I, …………………….., of Mumbai, Hindu, Indian Inhabitant, the Petitioner abovenamed, do hereby solemnly declare that what is stated in Paragraphs ..….. to…….. of the fore going petition is true to my own knowledge.

 

 Solemnly declared at Mumbai           )

Dated this       day of               , 20___)

  , 20                                                     )                      

 

Plaintiff

 

Interpreted & Explained by me

 

Advocate for Plaintiff