......between Mr. A residing at...
......
hereinafter referred to as 'the Party of the First Part' of the One Part and Mr. B residing at... hereinafter referred to as the Party of the Second Part1 of the Other Part; WHEREAS -
1. The Parties hereto are the co-owners of an immoveable property consisting of land and building thereon and situate at... and more particularly described in the Schedule hereunder written being the property inherited by them from their father and each of the parties hereto is entitled to one half undivided share in the said property.
2. The Parties desire to effect a partition of the said property between themselves as they no longer desire to continue to hold it in common.
3. It is not possible to divide the said property by metes and bounds as it is not capable of such division and it is, therefore, agreed that the Party of the First Part should pay to the Party of the Second Part a sum of Rs
.......
being the value of one half share in the said property in lieu of one half share of the Party of the Second Part in the said property and the Party of the Second Part should release all his share, right, title and interest in the said property in favour of the Party of the First Part.
4. For the purpose of equal partition and stamp duty the property in the sa
id Schedule is valued at Rs...........
5. The parties hereto have proposed to effect and record the said partition in the manner following,
NOW THIS DEED WITNESSETH AS FOLLOWS:-
1. Pursuant to the said agreement, the Parties hereto hereby declare that each of them has an equal one half share in the said property and propose to divide or partition the same in the manner following -
2. In pursuance of the said agreement the Party of the Second Part, in consideration of the Party of the First Part having paid to the Party of the Second Part the sum of Rs
.....
... on the execution of this Deed (receipt whereof the Party of the Second Part doth hereby admit) doth hereby grant and release all his undivided one-half share, all right, title and interest in the
said property described in the Schedule hereunder written unto the Party of the First Part TO HAVE AND TO HOLD the same and all other rights, privileges, easements and appurtenances thereto belonging unto and to the use of the Party of the First Part absolutely to the intent and purposes that the Party of the Second Part shall have hereafter no share, right, title and interest whatsoever therein and the said property shall be of the exclusive ownership of the Party of the First Part.
3. The Party of the Second Part 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 the property to the Party of the First Part in the manner aforesaid.
4. The Party of the Second Part also covenants with the Party of the First
Part that he
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 said property unto the Party of the First Part but at the cost and expenses of the Party of the First Part.
5. The Party of the Second Part further covenants with the Party of the First Part that the latter will hereafter hold and stand possessed of the said property quietly and peacefully and enjoy the rents and profits thereof without any suit, interruption, claim or demand by the Party of the Second Part, his heirs, executors, administrators or any person claiming under him.
6. The original of the Deed of Partition will remain in the custody of the Party of the First Part and the duplicate copy hereof will remain in the custody of the Party of the Other Part.
THE SCHEDULE ABOVE REFERRED TO
x
xxx
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
RECEIVED of and from the Party of the First
)
Part the sum of Rs... (Rupees ...
)
in lieu of and in full payment of the
)
one half share of the Party of the Second
)
Part in the said property described in the
)
Schedule abovemenlioned. )
Witnesses:
I
SAY RECEIVED
1.
2. PARTY OF THE SECOND PART.