Deed of Partition | Sample

After the death of a person his/her property gets divided into many portions under the personal law or law of the inheritance, these portions of the property are divided among the family members, in some cases to other related persons too. Generally, these properties are divided and distributed based on various elements like the value of the property, possession of the property or previous promise or wish of the deceased person etc. Often this results chaos and can lead to some hostile situation and it could also happen even after one or two generations. Therefore, it is wise to create a special and separate document which confirms everyone’s concent on the distributed property following legal procedure so that records the same to avoid the further unexpected situation in the future.; this special document is known as “Deed of Partition”

Here is an example of “Deed of Partition”

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Deed of Partition

This Deed of Partition is made on the 24^th of July 2016 of the Christian Era

AMONG

Md Jakir Hossain, son of late Abdul Rahman and late Rahima Begum, having permanent and present address House 05, Road 05, Dhanmondi, Dhaka – 1205, bearing NID No 19935678901214567, by faith Muslim, by profession a business, by Nationality a Bangladeshi (by birth), hereinafter referred to as ‘first party’ (which expression shall, unless excluded by or repugnant to the context, mean and include heir/s, legal representative/s, administrator/s, nominee/s, and assign/s) of the first part

— First party

AND

Md Jahid Hossain, son of late Abdul Rahman and late Rahima Begum, having permanent and present address House 05, Road 05, Dhanmondi, Dhaka – 1205, bearing NID No 19935678901214567, by faith Muslim, by profession a Teacher, by Nationality a Bangladeshi (by birth), hereinafter referred to as ‘second party’ (which expression shall, unless excluded by or repugnant to the context, mean and include heir/s, legal representative/s, administrator/s, nominee/s, and assign/s) of the first part

— Second party

AND

Md Jahangir Hossain, son of late Abdul Rahman and late Rahima Begum, having permanent and present address House 05, Road 05, Dhanmondi, Dhaka – 1205, bearing NID No 19935678901214567, by faith Muslim, by profession a Teacher, by Nationality a Bangladeshi (by birth), hereinafter referred to as ‘Third party’ (which expression shall, unless excluded by or repugnant to the context, mean and include heir/s, legal representative/s, administrator/s, nominee/s, and assign/s) of the first part

— Third party

WHEREAS Abdul Rahman, father of the three party, named above, has died on 1^st day of January 2016, leaving three sons as only heirs, and who are now entitled to his movable and immovable properties. The property hereinafter more fully described in “Schedule – A”  and mentioned as “Schedule Property”.

AND WHEREAS difference and disputes raised among the said three sons in respect of title and possession of the succession property / Schedule Property, as a result they approached to advocate Rayhan on 20^th February 2016 to divide and distribute the properties among them.

AND WHEREAS the said adv. Rayhan on the 10^th day of May 2016, before the parties divided the entire house situated in House 05, Road 05, Dhanmondi, Dhaka – 1205 and allotted the portions for the party one, party two and party three accordingly hereinunder described in Schedule one, Schedule two and Schedule three.

AND WHEREAS they each get equal share of the property. which are two flats and the 2 kathas of lands (on which the property/ building is situated)

AND WHEREAS the total value of the property is BDT 30000000 (Three Coror) taka and each party gets property of BDT 10000000 (one coror) taka.

AND WHEREAS the parties have accepted the said partition as final, conclusive and binding upon them.

WHEREFORE this agreement of partition is drawn up before the parties and the arbitrator, who have subscribed their signatures thereto in order to signify the correctness of the facts mentioned above.

NOW THIS DEED WITNESSETH as follows:

1. That pursuant to the said agreement the parties hereto hereby admit division of the said properties described in the first, Second and Third Schedule s here underwritten in three equal shares
2. That each party covenants with the other that he has not done any act, deed or thing whereby or by means whereof he is prevented from conveying and releasing the property to the other in the manner aforesaid.
3. That each party also covenants with the other party each party 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 property allotted to the other but at the cost and expenses of the other.
4. That each party hereto further covenants with the other that the latter will hereafter hold and stand possessed of the property allotted to him quietly and peacefully and enjoy the rents and profits thereof without any suit, interruption, claim or demand by the covenanting party, his heirs, executors, administrators and assigns or any person claiming under him.
5. That the original of the Deed of partition will remain in the custody of Jakir and the duplicate copy hereby will remain in the custody of Jahid and Jahangir.
6. That And it is further agreed and declared that the title deeds relating to the properties which are common to all of them and which are set out in the Schedule – A hereunder written shall remain with Jakir who undertakes to produce the same whenever required by Jahid and Jahangir.

Schedule – A

All that piece and parcel of land situated under District – Dhaka, Police Station – Dhanmondi Model Thana, Mouja- Dhanmondi, C,S khatain No. 343, C.s Plot No. 44, S.S Khatian No 233, S.A Plot no 456, House 05, Road 05, Dhanmondi, Dhaka – 1205.

Schedule one

Flat No 2A and 4B, both measuring an area of 1200 sqf. One-third portion of the situated under District – Dhaka, Police Station – Dhanmondi Model Thana, Mouja- Dhanmondi, C,S khatain No. 343, C.s Plot No. 44, S.S Khatian No 233, S.A Plot no 456, House 05, Road 05, Dhanmondi, Dhaka – 1205

Schedule two

Flat No 2B and 4A, both measuring an area of 1200 sqf. One third portion of the situated under District – Dhaka, Police Station – Dhanmondi Model Thana, Mouja- Dhanmondi, C,S khatain No. 343, C.s Plot No. 44, S.S Khatian No 233, S.A Plot no 456, House 05, Road 05, Dhanmondi, Dhaka – 1205

Schedule three

Flat No 3B and 3A, both measuring an area of 1200 sqf. One third portion of the situated under District – Dhaka, Police Station – Dhanmondi Model Thana, Mouja- Dhanmondi, C,S khatain No. 343, C.s Plot No. 44, S.S Khatian No 233, S.A Plot no 456, House 05, Road 05, Dhanmondi, Dhaka – 1205

IN WITNESS WHEREOF, the parties herein have signed and delivered these presents on the day month and year first above written.

SIGNATURE OF PARTIES

 

jakir

(Jakir Hossain)
1^st party

jahid

(Jahid Hossain)
2^nd party

jahangir

(Jahangir Hossain)
3^nd party

 

WITNESSES

 

1. Abdur Rouf
   Son of Kashem and Rohima
   Address: 44 east agargown, Dhaka – 1201
   NID: 19900124536987524

2. Salim Raza
   Son of Kashem and Moriom
   Address: 45 east Sawrapara, Dhaka – 1206
   NID: 199001245369875255

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(This Sample is for an overall idea – Discretion adviced)

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