AACTAL TNAINING PAPRA MAING, PLKADING AND CONV#ANE KDIIN OG 2022)

|Prot. Pathan's S.P LAw Clases, Pune. Page : 121 (Class) 25510256, (Res) 26333908.
SUIT FOR DECLARATION OFSHAREAND PARTITION OF PROPERTY OFAJOINT
HINDUEAMILY
IN THE COURT OFCIVILJUDGE SENIOR DIVISION PUNE AT,PUNE

Spl.C.S.No. /2022

Mr. N.Y.Z.
Age:- 30 years, Occupation:
R/at: Plaintiff

v/s.

Mr. A.B.C.
Age:- 62 years, Occupation:
R/at:
Mr.B.Y.Z.
Age:- 32 years, Occupation:
.Defendants
R/at:
Suit for declaration and partition of
ancestral property.

The Plaintiff above named most respecttully submits as under:

)
That the suit property more particularly described in a schedule in ancestral property.

2) Genology:
That the common ancestor late Z. died on 01/02/2020 leaving behind the plaintitt and defendants.

3) That the plaintiff is real son of defendant no. I and real brother of defendant no.2. detendant
no.I is a father of plaintifl and defendant no.2.

4) That the wife of defendant no. l and mother of plaintifr anddetendant no.2 died on 15/0I
2015.

That the late Mr. Z grandfather of this plaintiff purchased the suit property on 10/01/2010 out
S) property.
ofhis own earming who dicd on 01/02/2020 hence, the suit property become ancestral
iof'wite. ofplainitfwith detendant no. I
That the after the marriage of the plaintiffthe relation i both the detendant eflect to equal
6)
and
partition become strained. The plaintifrequested
of the no.2
defendant suit property by metes and bound and to ohandover 1/3 share ofthe plaintirtof
way retused to admit the claim to
property to the plaintifl. But defendant no.I straight
the suit
 PRACTICAL TRAINING PAPER DAAFING. PLEADING AND CONVEYANCE (EDITION 0CT, 2022)
Prof. Pathan's S.P. Law Classes, Pune. Page : 122 (Class) 25510256, (Res) 26333908.
ne plaintiff in the suitproperty moreover, defendant no, 1claimed to be absolute owner of the
suit property and alleged that suit property is his self-acquired property.
7)
That this plaintiff senda notice to defendant by RPAD through his advocate on 10/02/2022
requesting thereby to efrect partition of the suit property and to handover the possession of
1/3 of share peacefully to the plaintif. The defendant no. Iinspite ofreceipt of the notice fail
to give reply to the same, hence, this suit.

8) That the suit property being situated within the jurisdiction ofthis Hon"'ble Court and pecuniary
jurisdiction and as per pecuniary jurisdiction also the suit property is value for Rs.90 lakhs and
plaintiff has 1/2 share therefore, the suit is valued for Rs. 30 lakh. This Hon'ble Court has
jurisdiction to try and decide this suit on merit.
9) The cause of action initially arose when plaintiff sent a notice to defendant by RPAD through
his advocate on 10/02/2022 when he sent notice to defendant to effect partition and the suit is
still well within limitation period.
10) The requisite court stamp fess is paid herewith as per section 6 (iv) (ha) as per the Maharashtra
Court Fees Act, 1959.

11) That the plaintiffbe permitted to amend, alter and modify this plaint as and when
SO.
necessary do

12) Schedule of the Property:

All that piece and parcel of agriculture land situated at village Wagholi, Tal:-
Pune within Sub-Registration Haveli bearing Gut No.100 Haveli, District:
which is bounded as bellow: admeasuring approximately 6 acres
On or towards North: 101
On or towards East: 102
On or towards South: Public Road and
On or towards West: 99

13) It is therefore prayed that the:

a) Suit be decreed

b) It be declared that the suit property is ancestral property

c) It be declared that the plaintiff has 1/3
share in the suit property
d) The defendants be ordered to effect partition of
to handover possession of 1/2 in the suit suit property by metes and bound and
property to the plaintiff.
e That the defendants be restrained from
of the Court. alienating of thesuit property till the final decision
 PRACTICAL TRAINING PAPER I|- DRAFTING, PLEADING AND CONVEYANCE (EDITION OCT. 2022)

Prof. Pathan's S.P. Law Classes, Pune. Page : 123 (Class) 25510256, (Res) 26333908.
The copy of decree be send to the Collector of Pune for his execution.
Any other order in the interest ofjustice be passed.
Pune
Dated: Sd/
Plaintiff

VERIFICATION
I, Mr. X.Y.Z, Age: Occ: R/at:
contents of above plaint are true and correct to the best, do
of
hereby state on solemn affirmation that the
my knowledge and belief and hence, I have
signed it today on the above mentioned date.

Sd/
Plaintiff