Deed Of Partial Partition Deeds Partition 1667 - Legal Draft

...............this day of ............between Mr. A for self and as the Karta of his branch of the Hindu Joint Family hereinafter referred to as the Party of the First Part, Mr. B., for self and as the Karta of his branch of the Hindu Joint Family, hereinafter referred to as the Party of the Second Part and Mr. C, for self and as the Karta of his branch of the Hindu Joint Family hereinafter referred to as the Party of the Third Part.
WHEREAS -
1. The Parties hereto are full brothers and are members and coparceners of their Joint and undivided Hindu Family.
2. The father of the said A B & C died leaving one ancestral house at Village ..... and more particularly described in the First Schedule hereunder written, some Agricultural lands situated at ........ and more particularly described in the Second Schedule hereunder wirtten, one immoveable property consisting of an ownership flat described in the Third Schedule hereunder written and some shares and securities described in the Fourth Schedule hereunder written.
3. The Party of the First Part is residing outside India, Party of the Second Part is residing in the said Flat, and Party of the Third Part is residing in the said Village     and using a part of the said ancestral house.
4. The Parties have decided to effect partition of their said properties but have decided to keep the ancestral house and the land appurtenant thereto as joint and undivided, out of sentiments for the same and to partition the remaining properties among themselves in the manner following.
5. The parties have agreed that the property allotted to each of them shall be deemed to be in full payment of his undivided share in the properties hereby partitioned, irrespective of their valuations for the purpose of stamp duty.
6. The property described in the Second Schedule hereunder written is agreed to be allotted to the Party of the Third Part, the property described in the Third Schedule hereunder written is agreed to be allotted to the Party of the Second Part and the property described in the Fourth Schedule is agreed to be allotted to the Party of the First Part.
7. For the purpose of stamp duty the market value of the properties described in the Second, Third and Fourth Schedule is fixed at Rs ........ Rs ........ and Rs ........ respectively.
NOW THEREFORE THIS DEED WITNESSETH that pursuant to the said agreement, the Parties hereto declare that the property described more particularly in the First Schedule hereunder shall continue to be held by the Parties hereto as members of their Joint and Undivided Family and will continue to be governed by the Hindu Law relating to coparcenary property and the properties described in the Second, Third and Fourth Schedules hereto shall hereafter belong to the respective parties to whom they are allotted as aforesaid as their respective separate properties and the Party to whom the property is allotted shall be the full owner thereof to the exclusion of the other Parties hereto.
AND THIS DEED FURTHER WITNESSETH that with a view to give effect to the said partition and for passing of the title and in consideration aforesaid, each of the Parties hereto doth grant and release all his undivided share, right, title, and interest in the property which is allotted to the other or others of them as aforesaid so as to constitute each party the sole and absolute owner of the property allotted to him, freed and discharged from all claims and demands of the other parties hereto of or concerning the same but subject to the payment of all taxes, rates, dues and duties and assessment payable to Government or Municipal Corporation or any other public body in respect thereof.
1. And each Party covenants with the other that he has not done any act, deed or thing whereby or by means whereof he is prevented from granting and releasing his share, right, title and interest in the properties allotted to them in the manner aforesaid,
2. Each Party also covenants with the others that each party will execute and get registered, if necessary any deed, assurance or other document which may be required for fuller and more perfectly and effectually assuring the properties allotted to the others but at the cost and expenses of the Party requiring the same.
3. Each Party hereto further covenants with each of the other Parties that each such other Party will hereafter hold and stand possessed of the property allotted to him, quietly and peacefully and enjoy the rents and profits thereof without any suit, interruption claim or demand by the covenanting Party, his heirs, executors, administrators and assigns or any person claiming under him.
4. The original of the Deed of Partition will remain in the custody of the Party of the Second Part and one duplicate copy hereof will remain in the custody of the other Parties.
IN WITNESS WHEREOF the Parties have put their hands the day and year first hereinabove written.

THE FIRST SCHEDULE ABOVE REFERRED TO
xx       x        x
THE SECOND SCHEDULE ABOVE REFERRED TO
xx       x        x
THE THIRD SCHEDULE ABOVE REFERRED TO
xx       x        x
THE FOURTH SCHEDULE ABOVE REFERRED TO
xx       x        x
Signed and delivered by the )
withinnamed Party of the First )
Part in the presence of )
Signed and delivered by the )
withinnamed Party of the Second )
Part in the presence of )
Signed and delivered by the )
withinnamed Party of the Third )
Part in the presence of )
Signed and delivered by the )
withinnamed Party of the Fourth )
Part in the presence of )