DEED OF PARTITION
THIS DEED OF PARTITION is made and entered into on this the
fifteenth day of April Two Thousand twenty three (15-04-2023) at
Bangalore BY AND
between
Mr. amit Kumar
Son of late Mr. Ramesh Kumar
Aged about 38 years
residing at 21, Rosewood Apartments,
Jayanagar, Bangalore-560041
Hereinafter called the FIRST PARTY
Ms. Nisha Kumar
D/O late Mr. Ramesh kumar
Aged about 35 years
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residing at 34, Orchid Villa,
Whitefield, Bangalore - 560066.
Hereinafter called the SECOND PARTY
Mr. Rahul Kumar
Son of late Mr. Ramesh Kumar
Aged about 30 years
residing at 78, Palm Meadows,
Sarjapur Road, Bangalore- 560035
Hereinafter called the THIRD PARTY
The terms FIRST PARTY, SECOND PARTY AND THIRD PARTY
shall mean and include their representatives, heirs, LR’s,
executors, administrators etc. wherever the context so requires.
WHEREAS, the first party, second party and third party are the
children of late Mr. Ramesh Kumar and Mrs. Seeta Kumar.
WHEREAS, the said Mr. Ramesh Kumar expired on the 15th day
of March 2023, leaving behind the mother of the parties and first
party, second party and third party to succeed to his estates.
WHEREAS, during the life time of Mr. Ramesh kumar, he had
acquired the following properties
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a) A two-story house located at 45, Greenfield Avenue, Koramangala, Bangalore -
560034, measuring 40x60 sq. ft., valued at ₹3 crores, having acquired the
same by virtue of the Sale Deed dated 15-6-1978, registered as
document No.1027/1978-79, Volume 3077, Pages 120 – 121, in
the office of the Sub-Registrar, Bangalore urban.
b) A shop located at 12, Market Lane, Indiranagar, Bangalore - 560038, measuring
800 sq. ft., valued at ₹2 crores, having acquired the same by virtue of
the Sale Deed dated 22-10-1969, registered as document
No.2386/1969-70, Volume 2712, Pages 85 – 87, in the office of
the Sub-Registrar, Bangalore urban.
c) 2 acres of land located at Survey No. 78, Nandi Hills Road, Chikkaballapur
District, Karnataka, valued at ₹1 crore, having acquired the same by virtue
of the Sale Deed dated 29-6-1978, registered as document
No.1192/1978-79, Volume 3077, Pages 230 to 231, in the office
of the Sub-Registrar, Chikkaballapur.
WHEREAS after the death of MR. Ramesh Kumar, the first party,
second party and third party have succeed to his estates.
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WHEREAS, the first, second and third party are now desirous of
partitioning the above said schedule parties among themselves in
order to maintain harmony and peace in the family.
NOW THIS INDENTURE OF PARTITION WITNESSETH AS
FOLLOWS
That in pursuance of the said Partition Deed and on consideration
of the absolute ownership owned by the parties in respect of the
allotments hereunder made under and by virtue of mutual
transfers and releases hereunder effected.
A) The second party and third party hereby and hereunder
grant, convey, transfer, assured, assigned, confirmed and
released unto the first party, the Schedule A property so
as to constitute the First Party as sole and absolute owner
of this property, freed and discharged from all rights in
common and all claims, demands whatsoever of the party
of the partition, parties confirming the same and TO HAVE
AND TO HOLD THE SAME ABSOLUTELY AND FOREVER.
B) the first party and third party do hereby and hereunder
grant, convey transfer, assure, assign, confirm and release
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unto the said second party, the schedule B property so
as to constitute the second party the sole and absolute
owner of the ‘B’ schedule property freed and discharged
from all rights, in all claims and demands whatsoever other
parties confirming the same TO HAVE AND TO HOLD THE
SAME ABSOLUTELY AND FOREVER.
C) the first and second party do hereby and hereunder grant,
convey transfer, assure, assign, confirm and release unto
the said third party, the schedule C property so as to
constitute the third party the sole and absolute owner of
the ‘C’ schedule property freed and discharged from all
rights, in all claims and demands whatsoever other parties
confirming the same TO HAVE AND TO HOLD THE SAME
ABSOLUTELY AND FOREVER in fee simple of Rs 50 lakhs
(rupees fifty lakhs only) in severality as against first and
second party each.
AND THIS INDENTURE FURTHER WITHESSETH AS FOLLOWS
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1. The party shall enter upon their respective allotments and
hold, possess and enjoy the same in severality absolutely against
each other without any claims, demand or interruption.
2. Each party shall at the request and cost of the other
parties, executes and perform or cause to be done, executed and
performed all and every such acts, deeds and things or writings
whatsoever as may be require for further better and more
perfectly assuming the allotments hereunder made or for
rectification of any error or omission.
3. This partition shall not be reopened nor challenged under
any circumstances by reason of any error or omission
whatsoever.
4. The mother of the parties Mr. Seeta Kumar has no objection
for her children to enter into this Partition Deed and same is
executed with her prior consent, as such she has affixed this
Deed as consenting witnesses.
SCHEDULE A
Properties allotted to the share of first party
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All the piece and parcel of A two-story house bearing #45, Greenfield
Avenue, Koramangala, Bangalore - 560034, measuring 40x60 sq. ft. . and
bounded on the
East by : 20 feet Road
West by : parking
North by : Site No.3
South by : Site No.1
SCHEDULE B
Properties allotted to the share of second party
All the piece and parcel of A shop located at 12, Market Lane, Indiranagar,
Bangalore - 560038, measuring 800 sq. ft., valued at ₹2 crores, and bounded on
the:
East by : parking lot
West by : public park
North by : site no 56
South by : 80 ft road
SCHEDULE C
Properties allotted to the share of third party
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All the piece and parcel of 2 acres of land bearing Survey No. 78, Nandi Hills
Road, Chikkaballapur District, Karnataka, and bounded on the
East by : well
West by : Mr. Lokesh’s site
North by : Munivenkatappa’s site
South by : 5 Feet and Venkatesh Shastry Site
IN WITNESS WHEREOF, the parties hereto have affixed their
respective signatures to this Deed of Partition on the day, month
and year first above written at Bangalore.
CONSENTING WITNESS:
Mrs. seta kumar (sign)
WITNESSES
1.
FIRST PARTY
2.
SECOND PARTY
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THIRD PARTY
Drafted by:
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