ASSIGNMENT-2
Ram and Lakhan are the two sons of Mr.Rajendra Prasad, of a Hindu Mitakshara family, they used to live
in a 3 story building and have 3 shops in Laxminagar,Kanpur. Mr.Ram is the owner of one more shop in
Krantinagar,Kanpur which he bought from his own savings. Draft a partition plaint for Mr.Ram who
wishes to get separated. Mr.Rajendra Prasad also has a daughter who lives in the same city.
Note: Keep in mind following points while drafting your plaint- Create a family lineage diagram,
mention division of shares and rights of Mr.Ram in joint family property.
Family Lineage Diagram
Mr.Rajendra Prasad
(Defendant-1)
Mr. Ram Mr.Lakhan Daughter
(Plaintiff) (Defendant-2) (Defendant-3)
A SUIT FOR PARTITION OF THE PROPERTY
IN THE COURT OF THE COMPETENT CIVIL JUDGE, KANPUR
CIVIL SUIT NO. __ OF 20__
Mr. Ram,
Age- Years,Occupation-
S/o Mr. Rajendra Prasad,
R/o ……………, Kanpur.
……………………………………………………………………………………………………… Plaintiff
VERSUS
1. Mr. Rajendra Prasad,
S/o [Father's Name],
R/o ………….., Kanpur.
…………………………………………………………………………………………………..Defendant-1
2. Mr. Lakhan,
S/o Mr. Rajendra Prasad,
R/o …………….., Kanpur.
…………………………………………………………………………………………………..Defandant-2
3. Ms. [Daughter’s Name],
D/o Mr. Rajendra Prasad,
R/o ……………., Kanpur.
……………………………………..……………………………………………………………Defandant-3
SUIT FOR PARTITION AND SEPARATE POSSESSION
The humble plaint of the Plaintiff above-named MOST RESPECTFULLY SHOWETH:
1. Family Lineage:
The Plaintiff and Defendant No. 2 (Mr. Lakhan) are the two sons of Defendant No. 1 (Mr. Rajendra
Prasad). Defendant No. 3 is their sister. The family follows Hindu Mitakshara Law.
Below is the family lineage diagram:
Mr. Rajendra Prasad
├── Mr. Ram (Plaintiff)
├── Mr. Lakhan (Defendant No. 2)
├── Ms. [Daughter’s Name] (Defendant No. 3)
2. Joint Family Properties:
The joint family owns:
a) A three-storey building located in Laxminagar, Kanpur.
b) Three shops in Laxminagar, Kanpur.
The Plaintiff has one separate shop in Krantinagar, Kanpur, which he purchased from his own savings,
and it is his self-acquired property, not subject to partition.
3. Cause of Action:
That due to differences in family matters; the Plaintiff no longer wishes to remain in the joint family and
demands a partition of the joint family property so that he may enjoy his rightful share separately.
4. Share Entitlement of the Plaintiff:
Under Hindu Mitakshara Law, since Mr. Rajendra Prasad (Defendant No. 1) is alive, he, along with his
two sons (Plaintiff and Defendant No. 2), forms a coparcenary. The daughter, under the amended Hindu
Succession Act, 2005, also has an equal share.
Total coparceners = 4 (Rajendra Prasad, Ram, Lakhan, and the Daughter).
Each coparcener’s share = 1/4th in the joint family property.
Thus, the Plaintiff (Mr. Ram) is entitled to 1/4th share in the three-story building and three shops in
Laxminagar, Kanpur.
PRAYER
The Plaintiff, therefore, prays for the following reliefs:
a) A decree for partition and separate possession of 1/4th share in the three-story building and three shops
in Laxminagar, Kanpur.
b) Declaration that the shop in Krantinagar, Kanpur, is the Plaintiff’s self-acquired property and not
subject to partition.
c) Appointment of a commissioner to effectuate the partition.
d) Any other relief(s) that this Hon’ble Court may deem fit and proper in the interest of justice.
VERIFICATION
I, Mr. Ram, the Plaintiff, do hereby verify that the contents of this plaint are true and correct to the best of
my knowledge and belief.
Place: Kanpur
Date: [DD/MM/YYYY]
(Signature of the Plaintiff)
Mr. Ram
Through Counsel
Advocate’s Name
Advocate’s Address
Contact Details
