Suit For Partition Between Co-Owners

Suggest Format of "Suit For Partition Between Co-Owners"​

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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 YOUR HONOUR;

The Plaintiff abovenamed begs to states as follows;

  1. That the Plaintiff and defendants No.1 and 2 are the sons and defendants Nos. 3 and 4 are the daughters of the late Shri Makhan Lal Chaurasia resident of ……………
  2. That Shri Makhan Lal Chaurasia died on………… leaving behind the parties to the suit as his sole surviving heirs.
  3. That the late Shri Makhan Lal Chaurasia was a very industrious man and by sheer dint of hard labour and perseverance he rose from an ordinary man of frugal means to the position of a big businessman the city of ………………….
  4. That Shri Makhan Lal Chaurasia acquired by purchase and or construction 6 houses in the town of …………… full details of which are given in the schedule noted at the foot of the plaint.
  5. That the defendant No.1 is the eldest son of Shri Makhan Lal Chaurasia and is managing the property left by him on behalf of himself and the other heirs of Shri Makhan Lal Chaurasia.
  6. That the late, Defendant No.1 has not been giving proper accounts with the result that the whole atmosphere of the families of the parties hereto has become unbearably intolerable and almost every day there are bickering and quarrels amongst the women folk of the families.
  7. That in the circumstances narrated above, the Plaintiff wants that his share should be partitioned and given in his exclusive possession so that the Plaintiff may have peaceful life.
  8. That the Plaintiff asked the Defendants to partition the property privately but so far they have refused to do so. Hence the suit. The Plaintiff’s share is 1/6th.
  9. Cause of action.
  10.  
  11. The Plaintiff, therefore, claims the following reliefs:
  • A decree for partition may be allowed and share may be decided between the plaintiff and Defendant.
  • Costs of the suit may be awarded to the Plaintiff against the defendant.
  • 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