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Partition Suit format for Partition of Joint ownership Property.

Format of Suit for Partition of property owned by more than one co-owners to be filed in a Civil Court.

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  

 

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