Partition Suit Format for Joint Property in India

IN THE COURT OF THE COMPETENT CIVIL JUDGE / DISTRICT JUDGE AT __________

CIVIL SUIT NO. ______ OF 20__

IN THE MATTER OF:

VERSUS

INDEX

Filed by

__________________
Advocate for the Plaintiff

Place: __________
Date: __________

IN THE COURT OF THE COMPETENT CIVIL JUDGE / DISTRICT JUDGE AT __________

CIVIL SUIT NO. ______ OF 20__

MEMO OF PARTIES

Plaintiff
Mr./Ms. __________________________________________
Parent/Spouse: ___________________________________
Address: _________________________________________
_________________________________________________

VERSUS

Defendant
Mr./Ms. __________________________________________
Parent/Spouse: ___________________________________
Address: _________________________________________
_________________________________________________

PLAINTIFF
Through Counsel

__________________ Advocate

Place: __________
Date: __________

IN THE COURT OF THE COMPETENT CIVIL JUDGE / DISTRICT JUDGE AT __________

CIVIL SUIT NO. ______ OF 20__

VERSUS

SUIT FOR PARTITION, SEPARATE POSSESSION AND CONSEQUENTIAL RELIEFS

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff is __________________________, aged about ____ years, residing at ________________________________________________.

2. That the Defendant is _________________________, aged about ____ years, residing at ________________________________________________.

3. That the Plaintiff and Defendant are co-owners / co-sharers in the immovable property bearing No. ______________________________, situated at ________________________________________________, more particularly described in the Schedule to this plaint and hereinafter referred to as the "Suit Property". A site plan / property description is annexed, where applicable.

4. That the Plaintiff claims an undivided ______ share in the Suit Property by virtue of __________________________________________ [inheritance / sale deed / gift deed / will / family arrangement / other lawful source of title]. The relevant title and succession documents are filed with the plaint.

5. That the Suit Property has not been partitioned by metes and bounds under any binding registered instrument or final decree binding upon the Plaintiff, and the parties continue to hold undivided interests in the property.

6. That the Plaintiff has repeatedly requested the Defendant to effect an amicable partition and to recognise and separate the Plaintiff's lawful share, including on __________, but the Defendant has failed / refused to do so.

7. That, where applicable, the Plaintiff caused a legal notice dated __________ to be served upon the Defendant demanding partition. Despite service, the Defendant has not effected partition / has disputed the Plaintiff's share.

8. That the Plaintiff apprehends that the Defendant may alienate, encumber, mortgage, transfer, alter or create third-party rights in respect of the Suit Property, thereby prejudicing the Plaintiff's undivided interest. The Plaintiff therefore seeks appropriate protective relief in accordance with law.

9. That the cause of action first arose on __________ when __________________________________________ and again on __________ when the Defendant refused / failed to partition the Suit Property, and continues insofar as the Plaintiff's asserted undivided rights remain denied or threatened.

10. That this Hon'ble Court has territorial jurisdiction because the Suit Property is situated within its jurisdiction. This Hon'ble Court also has pecuniary jurisdiction having regard to the valuation of the suit and the reliefs claimed, subject to the applicable State law and court rules.

11. That for the purposes of jurisdiction and court fee, the suit is valued at Rs. __________ in accordance with the applicable court-fee and suits-valuation law in force in the State / Union Territory. The requisite court fee of Rs. __________ is affixed / paid.

12. That no other suit seeking the same substantive partition relief between the same parties in respect of the same Suit Property is pending or has been finally decided, except as specifically disclosed here: __________________________________________.

PRAYER

In view of the facts stated above, it is respectfully prayed that this Hon'ble Court may be pleased to:

1. pass a preliminary decree declaring the Plaintiff's lawful share as ______ in the Suit Property;
2. thereafter effect partition by metes and bounds and grant separate possession of the portion falling to the Plaintiff's share, in accordance with law;
3. where physical division is legally impracticable and the statutory conditions are satisfied, pass such order concerning sale and distribution of proceeds as may be permissible under the Partition Act, 1893;
4. restrain the Defendant, during pendency of the suit and subject to orders on the accompanying application, from creating third-party rights or otherwise dealing with the Suit Property so as to prejudice the Plaintiff's claimed share;
5. direct production / delivery of original title documents, if such relief is supported by the facts and evidence;
6. award costs of the suit; and
7. grant any other or further relief that this Hon'ble Court considers just and proper in the facts and circumstances of the case.

PLAINTIFF
Through Counsel

__________________ Advocate

Place: __________
Date: __________

SCHEDULE OF SUIT PROPERTY

Property No./Survey/Khasra No.: ______________________________

Address / Village / Ward / District: ___________________________

Area and description: ________________________________________

Boundaries, if applicable:
North: ____________________   South: ____________________
East: _____________________   West: _____________________

Verification

I, ______________________, the above-named Plaintiff, verify that the contents of paragraphs ____ to ____ are true and correct to my personal knowledge, paragraphs ____ to ____ are based on records / information believed to be true, and the legal submissions and prayers are based on legal advice received and believed to be correct. Nothing material has been concealed.

Verified at __________ on this ____ day of __________, 20__.

PLAINTIFF

IN THE COURT OF THE COMPETENT CIVIL JUDGE / DISTRICT JUDGE AT __________

CIVIL SUIT NO. ______ OF 20__

LIST OF DOCUMENTS

PLAINTIFF
Through Counsel

__________________ Advocate

Place: __________
Date: __________

IN THE COURT OF THE COMPETENT CIVIL JUDGE / DISTRICT JUDGE AT __________

CIVIL SUIT NO. ______ OF 20__

VERSUS

APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR TEMPORARY / AD-INTERIM INJUNCTION

MOST RESPECTFULLY SHOWETH:

1. That the Applicant / Plaintiff has filed the accompanying suit for partition and consequential reliefs concerning the Suit Property, and the same is pending before this Hon'ble Court.

2. That the facts and averments contained in the accompanying plaint may be read as part of this application and are not repeated for the sake of brevity.

3. That the Applicant has a prima facie case based on the asserted co-ownership / share and the documents filed with the plaint.

4. That the balance of convenience lies in preserving the nature, title and possession of the Suit Property until the rights of the parties are adjudicated.

5. That the Applicant has reasonable grounds to apprehend that the Defendant may sell, transfer, mortgage, encumber, part with possession of, materially alter or create third-party rights in the Suit Property, namely because __________________________________________.

6. That unless interim protection is granted, the Applicant may suffer irreparable injury and multiplicity of proceedings that may not be adequately remedied by damages alone.

7. That the application is bona fide and made in the interest of justice.

PRAYER

It is therefore respectfully prayed that this Hon'ble Court may be pleased to:

1. restrain the Defendant, his/her agents, representatives or persons claiming through him/her, during pendency of the suit, from selling, transferring, mortgaging, encumbering, parting with possession of, creating third-party rights in or materially altering the Suit Property bearing No. __________ situated at __________________________, except with leave of this Hon'ble Court;
2. grant ad-interim / ex parte relief only if the requirements of law for such relief are satisfied and the Court considers it necessary; and
3. pass such other or further order as this Hon'ble Court deems fit and proper.

APPLICANT / PLAINTIFF
Through Counsel

__________________ Advocate

Place: __________
Date: __________

Note: File the supporting affidavit / statement required by the applicable CPC provisions, local civil rules and the court's filing practice.