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Partition Deed: Smt. Kamala Bai

This document partitions joint family properties among surviving family members. It allocates: 1) Properties in Schedules B and C to the First Party (Kamala Bai) and Third Party (Siddarth) respectively as their shares of the family properties. 2) The Fourth Party (Shanti Bai) and Fifth Party (Madhubala) withdraw their claims to any share of the family properties. 3) The Second Party (Chandra Prakash) will inherit the Schedule B properties allocated to the First Party after her lifetime.

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100% found this document useful (1 vote)
1K views

Partition Deed: Smt. Kamala Bai

This document partitions joint family properties among surviving family members. It allocates: 1) Properties in Schedules B and C to the First Party (Kamala Bai) and Third Party (Siddarth) respectively as their shares of the family properties. 2) The Fourth Party (Shanti Bai) and Fifth Party (Madhubala) withdraw their claims to any share of the family properties. 3) The Second Party (Chandra Prakash) will inherit the Schedule B properties allocated to the First Party after her lifetime.

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Srirama Gar
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 18

PARTITION DEED

This Deed of Partition is made and executed on


this the Day of April Two Thousand Fifteen ( -04-2015)
by and among:

1. Smt. KAMALA BAI.


Aged about 70 years.
W/o. late Sri Misrimal.
R/at No. 220, R.T. Street,
Chickpet cross, Bengaluru- 560 053.

Hereinafter called and referred to asthe


First Party,

2. Sri. CHANDRA PRAKASH.


Aged about 41 years.
S/o. late Sri Misrimal.
R/at No. R/at No. 220, R.T. Street,
Chickpet cross, Bengaluru- 560 053.

Hereinafter called and referred to as the


Second Party,

3. Sri. SIDDARTH.
2

Aged about 37 years.


S/o. late Sri Misrimal.
R/at No. R/at No. 220, R.T. Street,
Chickpet cross, Bengaluru- 560 053.

Hereinafter called and referred to as the


Third Party,

4. Smt. SHANTI BAI.


Aged about 67 years.
D/o. late Sri Misrimal.
W/o. late Bhawarlal Jain.
At No. F-9, I Floor, No. 189,
A. S. Char street, chickpet,
Bengaluru- 560 053.

Hereinafter called and referred to as the


Fourth Party,

5. Smt. MADHUBALA.
Aged about 38 years.
D/o. late Sri MisrimalJi.
W/o. Sri. Girish H. Baldota.
R/at No. 38, I Floor,
Barlota Bhavan, Sanjeevappa Nayak lane,
Avenue Road Cross, Bengaluru- 560 002.
Hereinafter called and referred to as the
Fifth Party,
3

The expression and term First Party, Second


Party, Third Party, Fourth Party and Fifth Party shall
mean and include their legal heirs, representatives,
administrators, assignees etc., whenever the context so
permits.

I. One Sri. Misrimal was the resident of Bangalore


City and was the kartha of the family consisting of (a)
Smt. Kamala Bai, is wife, the First party herein, (c) Sri.
Chandra Prakash, his first son, the Second Party
herein (c) Sri. Siddarth, the second son, the Third
Party herein, (e) Smt. Shanti Bai, first daughter, the
Forth Party herein and (f) Smt. Madhubala, the second
daughter, the fifth Party herein. The said Sri. Misrimal
has died intestate on 13-10-2014, leaving the said
parties, i. e., the parties to this deed as his surviving
legal heirs.

II. The said Sri. Misrimai by sale deed Dated 09-08-


1993, registered as No. 1324/1993-94, at page No. 80
to 85, Vol. 3964, Book-I, dated 20-09-1993, in the
office of the sub-registrar, Gandhinagar, Bangalore,
has purchased Flat bearing Corporation No. 220/4, in
Second Floor, constructed in property bearing No. 220
4

& 220/1, [old No. 92/2], situated at 8 th cross,


(Bhajantrimuniyappa lane), Rangaswamy Temple
Street, Bangalore-560 053, together with the
ownership right over the terrace of the Second
floor,with plinth area of 600 sq. feet, with
proportionate interest in the land measuring East to
West: 26 feet. North to South: 26 feet, which is detailed
in ITEM No. 1 of SCHEDULE – A given hereunder and
referred to asItem No. 1 of Schedule A Property
herein after.

III. The said Smt. Kamala Bai, the First Party herein,
by Sale Deed Dated 11-03-2010, registered as No.
GAN-1-02161/2009-10, stored in CD No. GAND116,
dated 11-03-2010, in the office of the sub-registrar,
Gandhinagar, Bangalore, has purchased Shop -
Premises bearing Corporation No. 12/1-1, in First
Floor, in Commercial Complex known as “DEVATHA
MARKET”, measuring East to west; 11 feet 3 inches,
North to South: 19 feet 2 ½ inch, having super builtup
area of 216.09 sq. feet, constructed in property bearing
No. 12, later numbered as 12/1, situated at
ArmugamMudaliar lane, Chickpet, Bangalore-560 053,
5

together with 1/5th undivided share/interest in the


land i.e., 43.20 Sq. feet, which is detailed in ITEM No.
2 of SCHEDULE – A given hereunder and referred to
as Item No. 2 of Schedule A Property herein after.

IV. Further the sad Smt. Kamala Bai, the First Party
herein as Proprietex of M/s. ARIHANT SYNDICATE, is
carrying business in Textiles and Readymade
Garments, at rented premises No. 145/2, Sanreshwa
Plaza, II & III Floor, Sulthanpet Main road, Bengaluru-
53., which is detailed in ITEM No. 3 of SCHEDULE –
A given hereunder and referred to as Item No. 3 of
Schedule A Property herein after.

V. The properties detailed in the Item No. 1, 2 and


3 of SCHEDULE - “A” given hereunder and referred as
SCHEDULE A PROPERTY herein after, are thrown to
the common stock of the Joint Family and are the
Joint Family properties of the parties to this Partition
and they are in joint possession and enjoyment of the
properties.
6

VI. That for personal reasons the parties to this


partition deed have decided to dissolve the Joint
Family and partition the Joint Family Properties i.e.,
Partition the Schedule A Property. Hence amicably the
parties herein have settled the matter i.e., agreed to
effect the partition the Joint Family Properties –
SCHEDULE “A” PROPERTY physically by metes and
bounds as detailed below;

Now This Deed of Partition Witness as Follows:

1. The properties detailed in Item No. 1 and 2 of


the Schedule “B” hereunder and referred to as
Schedule “B” Property here in-after, is allotted to the
share of First Partyi.e., Smt. Kamala Bai, as her
share in the joint family properties and funds, on the
following terms and conditions;

a. That during her life time,she shall have only the


right to reside, to receive and have her self all the
income /rent, interest from schedule B property.
7

b. That during her life time she alone shall have no


right to convey/transfer the schedule B property to any
person/s either by way of sale, gift, exchange,
mortgage and further she alone shall have no right to
create any lean, charge or encumbrance in and over
the schedule B property.

c. That after the life time of the First Party, the


entire schedule B property together with all the
income/rent, interest, etc., shall be absolutely
belonging to the Second Party i.e., Sri. Chandra
Prakash alone.

d. And further during the life time of the First Party


except herself, the other party/s and any person/s,
including the Second Party shall have no share, right,
title and interest of any kind in the schedule B
property.

e. That during the life time of the First Party, for


the better use of the property or/and for any financial
needs and necessities of the First and Party and
Second Party, they shall have right together to transfer
8

by way of Sale, To raise loan by creating any lean,


charge or encumbrance in and over the schedule B
property.

f. That after the Sri. Chandra Prakash, the Second


Party succeeding the Schedule B Property, (a) he shall
be the sole and absolute owner and in possession of
the Schedule B Property, (b) having absolute right, title
and interest of all kind to possess, enjoy and convey in
any manner to any, (c) the right to register his name
in the khatha and other entries in the revenue records,
(d) the other party/s and any person/s shall have no
share, right, title and interest of any kind in the
schedule B property, (e) further he shall have the
absolute right to get transferred the lease hold right,
licence, permission etc., in reference to the business of
M/s. ARIHANT SYNDICATE and the shop where the
said business is been carried.

2. The properties detailed in the Schedule “C”


hereunder and referred to as Schedule “C” Property
here in-after, absolutely allotted to the share of the
9

Third Party i.e., Sri. Siddarth, as his share in the


said joint family properties and funds.

a. Herein after the Third Party Sri. Siddarth, shall


be the sole and absolute owner and in possession of
the Schedule C Property, having absolute right, title
and interest of all kind to possess, enjoy and convey in
any manner at any and also the right to register his
name in the khatha and other entries in the revenue
records.

b. Hereinafter except the Third Party Sri. Siddarth,


the other party/s and any person/s shall have no
share, right, title and interest of any kind in the
schedule C property.

3. Smt. ShanthiBai, the Forth Party herein is aged,


she has no children, she has also sufficient funds of
her own deposited in Bank and further the First,
Second and Third Party are taking good care of her,
for other good reasons and being motivated by pious
wish and desire,Smt. Shanti Bai, the Forth Party with
her free will and accord hereby and hereunder
10

withdraw herself from the estate and has decided not


to claim any share in the joint family property i.e.,
Schedule A Property.

4. Smt. Madhubala, the Fifth Party herein is


married and is living with her husband and children.
The Financial condition of her and her family is good
and sound. Further for the love and affection which
she has for the First, Second and Third Party and
being motivated by pious wish and desire,
Smt.Madhubala, the Fifth Party with her free will and
accord hereby and hereunder withdraw herself from
the estate and has decided not to claim any share in
the joint family property i.e., Schedule A Property.

5. That herein after Smt. Shanthi Bai the Forth


Party herein and Smt. Madhubala the Fifth Party
herein, shall have no share, right, title and interest of
any kind in and over the joint Family property i. e.,
schedule a Property.
11

6. That the Smt. Kamala Bai the First Party and


Smt. Shanti Bai the Forth Party during their life time
has the right to reside either with the Second Party
and the Third Partyor with any of them. The Second
Party andthe Third Partydo hereby agree and consent
for the same and further they do hereby under take
that they shall take all the proper care of the First
Party during their life time.

7. Hence herein after the said joint family consisting


of the First Party to fifth Party ceases to exist.

8. That to-day the partition is effected between the


parties. The Parties are put in possession of the
properties allotted to their respective share.

9. The Parties do hereby state and declare that


except the Schedule A property the Joint Family did
not possess any property/s Bangalore City.

10. The Parties do hereby state and declare and


under takes that (a) the partition effected hereby is full
and final, (b) further the same is binding on all of them
12

and their legal heirs and persons claiming under them


and (c)they shall not revoke the partition in future.

11. This partition deed is made and executed and


registered in three sets i.e., one original and two
duplicate copies. The original shall be kept with the
Second Party and theFirst Party and the Third Party
shall each keep one duplicate copy.

12. The original title deeds and all other documents


in reference to Schedule B and C are handed over to
the Second Party and the Third Party respectively.

SCHEDULE A PROPERTY.
The properties owned by the said Joint Family.
ITEM No. 1.

All the part and parcel Flat bearing Corporation


No. 220/4, in Second Floor, constructed in property
bearing No. 220 & 220/1, [old No. 92/2], situated at
8th cross, (BhajantriMuniyappa lane), Rangaswamy
Temple Street, Bangalore-560 053, with plinth area of
600 sq. feet, together with the ownership right over the
13

terrace of the Second floor, with proportionate


undivided interest in the land measuring East to West:
26 feet. North to South: 26 feet, and the entire
property is bounded on:

East by: Private Property.


West by: Cross Road.
North by: Vacant Land.
South by: Corporation Road.

Now the property is in old ward No. 28- Chickpet ward,


of BBMP, Bengaluru, bearing PID No. 28-80-220/4.
---------------
ITEM No. 2.

All the part and parcel Shop - Premises bearing


Corporation No. 12/1-1, in First Floor, in Commercial
Complex known as “DEVATHA MARKET”, measuring
East to west; 11 feet 3 inches, North to South: 19 feet
2 ½ inch, having super built up area of 216.09 sq. feet,
constructed in property bearing No. 12, later
numbered as 12/1, situated at Armugam Mudaliar
lane, Chickpet, Bangalore-560 053, together with
14

1/5th undivided share/interest in the land i.e., 43.20


Sq. feetand the shop - premises is bounded on:

East by: Remaining portion of Property No. 116.


West by: Private Property.
North by: Common Balcony Facing
ArmugamMudaliar Lane.
South by: Property bearing No. 117.

Now the property is in old ward No. 28,Chickpet ward,


of BBMP, Bengaluru, bearing PID No. 28-109-12/1-1.
---------

ITEM No. 3.

All the capital, profit and loss and all the right and
liability of business of M/s. ARIHANT SYNDICATE,
carrying business in Textiles and Readymade
Garments, at rented premises No. 145/2, Sanreshwa
Plaza, II & III Floor, Sulthanpet Main road, Bengaluru-
53.
---------------
15

Details of the property allotted to the shares of the


Parties herein.

SCHEDULE “B” PROPERTY.

[Property allotted to the share of the Smt. Kamala Bai,


the First Party for her life time and after her death
allotted to the share of the Second Party
Sri. Chandra Prakash ]
ITEM No. 1.
All the part and parcel Shop - Premises bearing
Corporation No. 12/1-1, in First Floor, in Commercial
Complex known as “DEVATHA MARKET”, measuring
East to west; 11 feet 3 inches, North to South: 19 feet
2 ½ inch, having super built up area of 216.09 sq. feet,
constructed in property bearing No. 12, later
numbered as 12/1, situated at Armugam Mudaliar
lane, Chickpet, Bangalore-560 053, together with
1/5th undivided share/interest in the land i.e., 43.20
Sq. feet and the shop - premises is bounded on:

East by: Remaining portion of Property No. 116.


West by: Private Property.
16

North by: Common Balcony Facing


ArmugamMudaliar Lane.
South by: Property bearing No. 117.

Now the property is in old ward No. 28, Chickpet


ward, of BBMP, Bengaluru, bearing PID No. 28-109-
12/1-1.
---------------
ITEM No. 2.

All the capital, profit and loss and all the right and
liability of business of M/s. ARIHANT SYNDICATE, is
carrying business in Textiles and Readymade
Garments, at rented premises No. 145/2, Sanreshwa
Plaza, II & III Floor, Sulthanpet Main road, Bengaluru-
53.
---------------

SCHEDULE “C” PROPERTY.

[Property allotted absolutely to the share of the


ThirdParty i.e. Sri. Siddarth.]
17

All the part and parcel Flat bearing Corporation


No. 220/4, in Second Floor, constructed in property
bearing No. 220 & 220/1, [old No. 92/2], situated at
8th cross, BhajanthriMuniyappa lane, Rangaswamy
Temple Street, Bangalore-560 053, with plinth area of
600 sq. feet, together with the ownership right over the
terrace of the Second floor, with proportionate
undivided interest in the land measuring East to West:
26 feet. North to South: 26 feet, and the entire
property is bounded on:

East by: Private Property.


West by: Cross Road.
North by: Vacant Land.
South by: Corporation Road.

Now the property is in old ward No. 28- Chickpet ward,


of BBMP, Bengaluru, bearing PID No. 28-80-220/4.
---------
INWITNESS Whereof the First, Second, Third,
Fourth andFifth Party have signed this deed on the
date month and the year first above mentioned.

WITNESSES.
18

Kamala Bai.
1. First Party.

Chandra Prakash M.
Second Party.

Siddarth.
2. Third Party.

Shanti Bai.
Forth Party.

Drafted by: Madhubala.


Fifth Party.

Daya Shankar.
Advocate.
Bangalore.

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