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 |
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__
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.
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.
P R A Y E R
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.
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
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
______________., Advocate
Place :
Date :
Note: Please attach separate affidavits with Partition Suit as well as application for interim injunction
Section 138 of Negotiable Instruments Act
Anticipatory Bail
Bail Application
Agreements
Lease agreement format for commercial property. Rent agreement format for office space
License agreement format for commercial property. License agreement format for office space
Lease agreement format for Residential House. Rent agreement format for Residential Accommodation
Agreement to Sell format download. Agreement to sell format for property sale
Retail Showroom Business agreement format download. Retail business agreement Sample
Agreement Between Contractor and Principal Employer format download. Work outsource Agreement.
Bank Guarantee
Consumer Court
Legal Notice
Power of Attorney
Special Power Of Attorney Download __ To authorize for legal purposes
General power of attorney format download __ (GPA) General Power of Attorney format for property
Suits under Code of Civil Procedure
Format of Suit seeking Injunction against illegal construction, public nuisance etc.
Injunction Application seeking Injunction in a Suit already filed in the Court
Application for exemption from filing officially translated documents with Supreme Court of India
Format of affidavit to be filed with SLP (Special Leave Petition) in Supreme Court
Format of Rejoinder Affidavit against Counter Affidavit in Supreme Court of India
Download Fillable forms- Income Tax, VAT, Sales Tax, Service Tax- ITR forms in Word and Excel