SUIT FOR PARTITION SEEKING A PRELIMINARY DECREE OF

PARTITION OF PROPERTY IN FAVOUR OF THE PLAINTIFF AND

AGAINST THE DEFENDANT BY HOLDING THAT THE PLAINTIFF HAS
A CERTAIN PERCENTAGE SHARE IN THE SUIT PROPERTY WITH
FURTHER PRAYER TO APPOINT LOCAL COMMISSIONER WITH THE
DIRECTIONS TO EXAMINE THE FEASIBILITY AND PRACTICABILITY
OF PARTITION OF THE SAID JOINT PROPERTY BY METES AND
BOUNDS AND IN CASE IT IS FOUND THAT THE SUIT PROPERTY
CANNOT BE PARTITIONED BY METES AND BOUNDS THE SAME MAY
BE ORDERED TO BE SOLD BY COURT AUCTION AND THAT THE SALE
PROCEEDS BE PAID TO THE PLAINTIFF AND THE DEFENDANTS IN
THE RATIO MENTIONED IN THE PLAINT.

IN THE COURT OF DISTRICT JUDGE _________

SUIT NO OF _______

IN THE MATTER OF :
MS. ___________ …PLAINTIFF
VERSUS
MR. ___________ …DEFENDANT

INDEX
SR.NO. PARTICULARS PAGES
1. Suit for Partition with Affidavit
2. List of Documents
3. Vakalat Nama

Plaintiff
Through

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :
IN THE COURT OF DISTRICT JUDGE _________

SUIT NO OF _______

IN THE MATTER OF :

MRS. ___________ …PLAINTIFF

VERSUS

MR. ___________ …DEFENDANT

 SUIT FOR PARTITION

Most Respectfully Sheweth

Facts relevant and germane meriting kind and favourable consideration

from this Hon’ble Court may be succinctly stated thus :

1. That the plaintiff Ms. Mrs. ___________ is a lady aged

around __ years. She was earlier residing at ___________________ but

she has now shifted to _______ and she is presently residing at Property

bearing No. _____, Block No._____, _____________.

2. That the defendant is the brother of the plaintiff and he is

residing at _____________

3. That briefly the family history of the plaintiff is that mother

of plaintiff and also of the defendant, late Smt _____________ had got

remarried to late Shri _____________, after the sad demise her first

husband. For Late _____________ this was the first marriage and for Late

_____________ it was her second marriage. Shri _____________ died on

_____________ after a prolonged illness and extreme old age. Smt.

_____________ died on _____ ______. Admittedly Late _____________

and late Smt. _____________ had two children and have no other legal

heirs.

4. That Late _____________ was very renowned person having

retired as senior ICS officer. Subsequent to his retirement he was posted at

very high positions with the Government. Besides other well known and

senior level appointments , he was also appointed as Governor of ______ .

By virtue of his appointment at high posts in the government late ______

was allotted a big government accommodation at _____________. Though

 his official address was _____________, however he had a permanent

residence at _____________ Late _____________ exclusively owned this

property i.e. _____________ He had purchased, constructed/renovated

this property purely out of his own funds. Her was therefore exclusive

owner and in possession of the said property throughout his life.

5. That brief history of the plaintiff is that Plaintiff Ms. Mrs.

___________ was earlier married to Shri _____________. Unfortunately

on account of some matrimonial differences between Ms. ___________ and

Shri _____________ they could not pull on together and as such the

plaintiff got divorced from Shri _____________ in the year _________.

Later on the plaintiff got married to Shri _________ and both of them were

earlier residing at _________ and are presently residing in _______.

6. That the father of the complainant late Shri _____________

had great love and affection for the complainant. The complainant was also

emotionally attached to him and both of them had a personal bonding. As a

father, late Shri _____________ wanted to ensure in his life time that the

complainant should inherit his estate. As already stated above, the

complainant had matrimonial differences with her first husband and there

was a long drawn court battle between her and her first husband. As a

father, late Shri _____________ was thus very concerned about the well-

being and the future life prospects of the complainant.

Keeping in view his larger objective of caring for his daughter and to

secure her future, late Shri _____________ propounded a registered Will

on _________ in which he gave life interest of Property No.

_____________, to the Defendant No. __. Para _ and __ of the Will which

are reproduced below hereunder :-

 “Movable and immovable property of which is self-acquired. By
this last Will, I bequeath and devise all my movable and immovable
property whatsoever and wherever to my wife Smt. _________ and
appoint her sole Executrix of my this Will.
Simultaneously with me, my wife is executing a Will in my favour, so
that in case she predeceased me, I should get her estate in the event
of both of us dying at or about the same time, my step-daughter
_________ wife of Shri _________ living at _________would be the
executrix of my WILL. Also in such event, I bequeath my estate as
under :-
(i) My immovable property at _____________, _________, if not
disposed of during my life-time, should be sold and the net proceeds
of the sale of that property, after deducting necessary taxes, duties
and other dues payable on account of my estate, should be added to
my Bank balance.
(ii) Likewise my moveable property, such as car and furniture, should be
sold and the sale proceeds should also be added to my Bank
balance.
(iii) The Bank balance including the net sale proceeds of immovable
property at _____________, _________, as well as the sale
proceeds of moveable property like car and furniture should
distributed as under:-
(a) ____ of the amount should go to my step-daughter _________.
(b) Out of the remaining ____ a sum of Rs. _________/- (Rupees
_________ only) should be given to _________ wife of my nephew,
the late Shri _________, now living at “_________” _________,
_________ (_________) and a similar amount of Rs. _________
(Rupees _________) should be given to her son Shri _________.
(c) A sum of Rs. _________/- (Rupees _________) should be given to
my nephew Shri _________, now living at _________.
(d) The balance of the amount so left should be given to my step-son
_________, Regional Manager, General Manufacturing and
Marketing Company at _________.
(e) The massive sculpture entitled “when Winter Comes” by noted
sculpture the late Shri _________i and the two paintings styled by
 me as “passion” and “Compassion” should go to my step-daughter
_________ wife of Shri _________.”

7. The intention of late Shri _____________ to secure the future of the

complainant can be gauged from the fact that the aforesaid house ie

_____________, _________, which was exclusive owned by late Shri

_____________, became a subject matter of landlord-tenant dispute, late

Shri _____________ sought the eviction of the tenant from the said

premises on account of his bonafide need and one of the reasons given by

him was that evicgtion was being sought as he wanted her daughter to stay

with him in the said house. Reference in this regard is made to an affidavit

filed by late Shri _____________ in Civil Revision No. ____/_____, in

which the said fact is duly mentioned. It is pertinent to mention here that

the tenant was finally evicted from the said property after he lost the last

round of litigation in the Hon’ble Supreme Court and the Hon’ble Supreme

Court passed a decree of eviction in favour of late Shri _____________ on

the ground of bonafide requirement which included the fact that he wanted

his daughter to live with him in the said house.

8. The Judgment of the Hon’ble Supreme Court is reproduced as

under:-

9. That by virtue of the said will dated _________ the property in question

devolved on the complainant. Unfortunately accused No. __ was not happy

with the Will and wanted to upsurp the legal rights of the complainant and

he was trying to misappropriate, sell and create third party interest in the

said property. The complainant was therefore constrained to approach the

 court of (civil) judge _________ by way of a suit for permanent injunction.

The accused persons had also produced a will dated _________ said to

have been executed by late _________ in their favour. The said suit was

contested by the parties and came to be dismissed vide judgment dated

_________passed by Shri _________, Ld. Civil Judge, _________.

10. That the goods of the plaintiff were also lying in the said property and she

was in part possession of the same. That on _________ when the plaintiff

called upon her mother late _________ to enquire about her health, very

unfortunately the defendant did not allow her to enter the suit premises and

behaved in a very inhuman manner with her. He further threatened her that

if she dared to enter the suit premises again then she would have to face

serious music and he further told her that she did not have any right to enter

in the suit premises and she should forget about the property. The plaintiff

was naturally taken aback and was quite perturbed on the unexpected

change of attitude by the defendant who is the real brother of the plaintiff.

When the plaintiff made inquiry about the root cause for change in the

attitude and behaviour of the defendant, she reliably learnt that the

defendant was trying to misappropriate the suit property as well as the bank

accounts and other movable assets of the father of the plaintiff.

Unfortunately the defendant who is the brother of the plaintiff wanted to

usurp the legal shares of the plaintiff and wanted to cause wrongful loss to

her. With this motive the defendant tried to create third party interest in

the property in question. This prompted the plaintiff to file a suit for

permanent injunction in the Court of Civil Judge _________ _________.

 The said suit however was dismissed by the court of Civil Judge vide

Order dated _________.

11. It is pertinent to mention here that the defendant had pleaded in the said

suit that there was another Will dated _________ purported to have been

executed by late Shri _________ in his favour in respect of suit property.

Since the defendant had filed the copy of the so called will in his favour in

the Court of Civil Judge therefore the plaintiff herein was constrained to

file a suit for declaration and cancellation of documents. The said suit is

presently pending before the Hon’ble Court.

12. That the plaintiff who was legally entitled to her share in the property, then

requested the defendant to give her share in the property. Unfortunately

defendant never seemed interested in partitioning the suit property i.e.

_____________ The plaintiff has requested the defendant on many

occasions to partition the suit property by metes and bounds but the

defendant is deliberately not partitioning the property and he is presently

enjoying the use and occupation of the property. In the circumstances the

plaintiff does not have any other efficacious remedy but to approach this

Hon’ble Court by way of present suit.

13. That in the aforesaid facts and circumstances the plaintiff is entitled to a

decree of partition by metes and bounds in respect of her ____ share in the

said immovable property of the deceased.

14. That the cause of action for the present suit firstly arose in the year 1998

when the defendant tried to usurp the legal rights of the plaintiff and it

further arose when defendant tried to create third party interest in respect

of the suit property. The plaintiff is legally entitled to her ____ share in the
 suit property but the defendant is deliberately not giving the legitimate

share of the plaintiff to her despite many requests from time to time by the

plaintiff to partition the suit property. The cause of action is therefore still

subsisting and a continuing one.

15. That the suit property is situated at _________ and the defendant is also

residing at _________. Therefore this Hon’ble Court has territorial

jurisdiction to try and adjudicate the present suit.

16. That the plaintiff has paid appropriate court fees along with the plaint . The

plaintiff has valued the suit for the relief of partition at Rs. ______ on

which appropriate court fees has been paid.

PRAYER

It is respectfully prayed that this Hon’ble Court may kindly be pleased :-

(a) To pass a preliminary decree of partition of property _________,

_________ in favour of the plaintiff and against the defendant by holding

that the plaintiff has a ____ share in the suit property.

(b) To appoint Local Commissioner with the directions to

examine the feasibility and practicability of partition of the said joint

property by metes and bounds and in case it is found that the suit property

cannot be partitioned by metes and bounds the same may be ordered to be

sold by court auction and it may further be ordered that the sale proceeds

in the ratio of ____ share be paid to the plaintiff .

(c) To grant the final decree and such other consequently relief as may be

available in law.

(d) Grant such further and other reliefs to the plaintiff as the Hon’ble court may

deem fit and proper in the circumstances of the case.

 Plaintiff
Through

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :
VERIFICATION

Verified on this__________________________day of _________ that the

contents of Para-1 to __ of the Suit are true and correct to my knowledge

and contents of para __ to __5 are based on legal advice received and

believed to be true and last para is a prayer made to this Hon’ble Court.

Plaintiff
Through
( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :

IN THE COURT OF DISTRICT JUDGE _________

SUIT NO OF _______

IN THE MATTER OF :

MRS. ___________ …PLAINTIFF

VERSUS

MR. ___________ …DEFENDANT

AFFIDAVIT
 I, Ms. ___________, aged around __ years, R/o _____, Block,

_____________ do hereby affirm and declare as under:

1. That I am the Plaintiff in the above noted Suit and well

conversant with the facts of the case and hence competent to depose.

2. That the contents of the above noted Plaint are not being

reproduced here for the sake of brevity but those may kindly be read as part

and parcel of this Affidavit.

Deponent.

VERIFICATION

Verified on this__________________________day of _________

that the contents of Para-1 to __ of the Suit are true and correct to my

knowledge and contents of para __ to __5 are based on legal advice

received and believed to be true and last para is a prayer made to this

Hon’ble Court.

Deponent.

IN THE COURT OF DISTRICT JUDGE _________

SUIT NO OF _______

IN THE MATTER OF :

MRS. ___________ …PLAINTIFF

VERSUS

MR. ___________ …DEFENDANT

LIST OF DOCUMENTS
 S.No. PARTICULARS PAGES

1. Copy of the Will dated ________

executed by late Shri _____________

(with legible typed copy)

2. Copy of the Will dated _____

purported to be executed by late Shri

_____________ (with legible typed

copy)

Plaintiff
Through

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :