final SUIT BY A CO-PARCENER FOR PARTITION OF HUF AND ...

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SUIT BY A CO-PARCENER FOR PARTITION OF HUF AND

ACCOUNTS

IN THE ___________ COURT OF _________________ AT _____________

SUIT NO. OF 20____

___________________________, )

Age: _____ years, Indian Inhabitant, )

residing at _____________________ )

____________________________________ )

____________________________________ )…………………..Plaintiff

Versus

1. ______________________________ , )

aged ___years, of _________, )

Indian Inhabitant, residing at )

_____________________________ )

_______________________________ )

2. ______________________________ , )

aged ___ years, of _____________, )


_______________________________ )

_______________________________ )

3. ______________________________ , )

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aged ___years, of _____________, )


_______________________________ )

_______________________________ ).....................Defendants

THE PLAINTIFF ABOVENAMED STATES AS UNDER:

1. (a) The Plaintiff is an adult, Indian Inhabitant, residing at the

address mentioned in the cause title hereinabove. The Defendant

Nos. 1, 2 and 3 are adults, Indian Inhabitants, residing at their

respective addresses mentioned in the cause title hereinabove.

(b) The Plaintiff and the Defendant Nos. 1 to 3 are the members of the

family of Late Shri _____________________________ who died on

______________ (hereinafter referred to as “the said deceased”).

The Plaintiff and Defendant No. 1 are the sons of the said

deceased. The Defendant Nos. 2 and 3 are the daughters of the

said deceased.

2. (a) The said deceased and his wife, Smt. ________________________

(who has expired on _________________ i.e. subsequent to the

death of the deceased) had four children viz., (i)

__________________________ (Defendant No.1 herein), (ii)

__________________________ (Defendant No.2 herein), (iii)

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___________________________ (Plaintiff herein) and (iv)

___________________ (Defendant No. 3 herein). There exists a Hindu

Undivided Family (HUF) of the said deceased known as

“__________________ (HUF)” [“the said HUF”]. During his lifetime,

the said deceased was the Karta and Manager of the said HUF.

(b) The present suit is for partition of the said HUF and other

consequential reliefs as more particularly set out hereinafter.

(c) The said deceased ___________________________ passed away on

____________________. It appears that the said deceased had left

behind his Will dated ________________________ where under he

had bequeathed all the properties and assets belonging to him at

the time of his death in favour of his wife, the said late

___________________________. Under the said Will, it appears that

the Defendant No.1 was appointed as the Sole Executor

thereof. Under the said Will, it appears that the said deceased

had shown his desire to continue the said HUF and the Defendant

No. 1 (being the eldest son) to act as the Karta of the said HUF

after his death. Further, it appears that Defendant No.1 being the

Sole Executor of the said Will dated ______________________

applied for obtaining the Probate of the said Will before the

Hon’ble Court at ____________________ and accordingly the

Probate was granted in favour of Defendant No.1. Hereto annexed

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