Scribd
Upload
12 views3 pages

partition suit application format

The document is a legal suit for partition filed by the plaintiff, Mr. __________, against the defendant, Mr. __________, regarding a property co-owned by both parties inherited from their late grandfather. The plaintiff claims entitlement to a 1/2 share of the property and alleges that the defendant has fraudulently retained original documents and is avoiding amicable partition. The plaintiff seeks a court decree for partition, legal expenses, and any other relief deemed appropriate by the court.

Uploaded by

Deepak Gajara
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
Download as pdf or txt
12 views3 pages

partition suit application format

The document is a legal suit for partition filed by the plaintiff, Mr. __________, against the defendant, Mr. __________, regarding a property co-owned by both parties inherited from their late grandfather. The plaintiff claims entitlement to a 1/2 share of the property and alleges that the defendant has fraudulently retained original documents and is avoiding amicable partition. The plaintiff seeks a court decree for partition, legal expenses, and any other relief deemed appropriate by the court.

Uploaded by

Deepak Gajara
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
Download as pdf or txt
Download as pdf or txt
You are on page 1/ 3

IN THE COURT OF PRINCIPAL SENIOUR CIVIL JUDGE AT-------

RCS NO. __________ OF 20__

IN THE MATTER OF:

PLAINTIFF:

MR._________
AGE: OCCUPATION:
RESIDING AT-
VERSUS

DEFENDANT:

MR._________
AGE: OCCUPATION:
RESIDING AT-

SUIT FOR PARTITION

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff is the younger son of Late_________________ residing at

_________________________. That the Defendant is the elder son of Late _______________ of

Residing at ________________________.

2. That the Plaintiff and Defendant are co – owners of below mentioned property.

Description of property
3. That the suit property was purchased by the grandfather 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.

4. 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.

5. That the plaintiff is entitled to 1/2 ( half ) share in suit property.

6. 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.

7. 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.

8. 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.

9. 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.

10. That on _______ the Plaintiff has served a legal notice to the Defendant for Partition of the

property, which was not replied by the Defendant.

11. 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.
12. That the Plaintiff has paid the court fees of Rs….. on this suit.

13.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 property mentioned in para-1 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.

Place : PLAINTIFF

Date :

Advocate

VERIFICATION

I, the Plaintiff --------------------- Age.---- ,Occupation----------, Residing at:--------- state on solemn

affirmation that whatever contained mention in the Petition is true to the best of my own

knowledge.

Signed and verified this _______ day of _______ 20 _______at_______

Plaintiff

You might also like