Suit For Partition In Hindu Family

Suggest Format of "Suit For Partition In Hindu Family"​

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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 parties hereto constitute a Hindu family governed by Mitakshara School of Hindu law.
  2. That Defendant Nos.1 and 2 and the late N father of defendant No.5 were brothers. While Defendant No.3 is the widowed mother of the Plaintiff and defendant No.4 is the sister of the Plaintiff. Defendant No.5 is the son of the late N who died on…………… leaving behind Defendant No.5 as his only son.
  3. That N died on…………… leaving behind the parties in dispute as surviving members of the Hindu joint family.
  4. That the relations between the two branches have not been good for the past several months so much so that each branch of the family has started separate messing and is not on talking terms with the other.
  5. That in circumstances narrated above, the Plaintiff thinks that the business of the joint family is suffering and accounts are not being properly kept. The joint family property is also not being properly managed and each member is trying to take advantage for himself to the detriment of others.
  6. That the Plaintiff asked the Defendants on………………….. to affect a private partition but the Defendants paid no heed to the request of the plaints.
  7. That full details of the property and the business of the joint family are given in Sch. A at the foot of the Plaint.
  8. That the Plaintiff agreed to purchase the aforesaid land and paid a sum of Rs……………., to the Defendant on…………… as earnest money.
  9. That the Plaintiff contacted the lekhpal of the aforesaid Village………….and, on enquiry from him, found that the land stood recorded not in the name of the Defendant but in the name of his father who was the recorded bhumidhar of the land. The contract entered into by the Plaintiff was thus void on account of fraud perpetrated by the Defendant.
  10. That the Plaintiff, therefore, rescinded the contract with the defendant by a notice dated…………, sent by registered post and served upon the Defendant personally on……………, by the same notice the Plaintiff called upon the defendant to refund to him the aforesaid amount of Rs……………………. Which the Plaintiff had paid to him as earnest money.
  11. That in the circumstances narrated above, the Plaintiff is entitled to the refund of aforesaid amount of Rs…………….. , with interest at Rs……………… per cent. Per month.
  12. That the cause of action for the suit arose on the date of the contract and ultimately on……………, when the Plaintiff rescinded the contract at………….., where the money was paid within the jurisdiction of this Court and this Court has jurisdiction to try the suit.
  13. That the valuation of the suit for the purpose of jurisdiction and payment of court-fee is Rs…………………, and ad valorem court-fee has been paid.  

The Plaintiff, therefore, claims the following reliefs:

  • A decree for Rs…………….., be passed in favour of the plaintiff against the defendant with pendent lite and future interest.
  • The 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