Partition Notice Format India

LEGAL NOTICE FOR PARTITION OF ANCESTRAL / JOINT FAMILY PROPERTY

By Speed Post with Registration and Proof of Delivery

To,
1. [Co-sharer 1 Full Name], son/daughter of [Father's Name], residing at
   [Complete Address, City, State – PIN]
2. [Co-sharer 2 Full Name], son/daughter of [Father's Name], residing at
   [Complete Address, City, State – PIN]
                                                            ... NOTICEES

From,
[Your Full Name], son/daughter of [Father's Name],
residing at [Your Complete Address, City, State – PIN]

Date: [DD/MM/YYYY]

Subject: Notice demanding partition of the joint family / ancestral property described herein, and delivery of separate possession of my [1/N]th share

Sir / Madam,

Under instructions from and on behalf of my client [Your Full Name] (hereinafter
"my client"), I serve upon you the following notice.

1. That the late [Ancestor's Name], who died intestate at [City] on [DD/MM/YYYY],
   was during his/her lifetime the owner of the immovable properties described in
   the Schedule hereunder written ("the Schedule Properties").

2. That the said [Ancestor's Name] left behind the following Class I legal heirs,
   who are the co-sharers of the Schedule Properties:
   (a) [Name] — [relationship], share [1/N]
   (b) [Name] — [relationship], share [1/N]
   (c) [Name] — [relationship], share [1/N]
   (d) My client, [Your Full Name] — [relationship], share [1/N]

3. That my client is accordingly entitled to an undivided [1/N]th share in each
   of the Schedule Properties, which has devolved upon my client by operation of
   law.

4. That the Schedule Properties have remained joint and undivided since the death
   of the said [Ancestor's Name], and no partition, whether by metes and bounds
   or otherwise, has taken place to date.

5. That [describe the grievance: the Noticees are in exclusive possession of the
   Schedule Properties and have denied my client access thereto since
   [DD/MM/YYYY] / the Noticees have been collecting the rents and profits without
   rendering any account / the Noticees have attempted to alienate the Schedule
   Properties without my client's consent].

6. That my client has on several occasions, including on [dates], called upon the
   Noticees to effect an amicable partition, but the Noticees have failed and
   neglected to do so.

7. YOU ARE HEREBY CALLED UPON to:
   (a) Effect an amicable partition of the Schedule Properties by metes and
       bounds and deliver separate possession of my client's [1/N]th share within
       [30 / 60] days of receipt of this notice;
   (b) Render a true and faithful account of all rents, income and profits
       derived from the Schedule Properties from [DD/MM/YYYY] to date, and pay
       my client's proportionate share thereof;
   (c) Refrain from creating any third-party right, encumbrance or charge over
       the Schedule Properties, or any part thereof, pending partition.

8. TAKE NOTICE that in the event of your failure to comply within the period
   stated above, my client shall be constrained to file a suit for partition,
   separate possession, rendition of accounts and permanent injunction before the
   competent civil court at [City], entirely at your risk as to costs and
   consequences.

SCHEDULE OF PROPERTIES

Item 1: All that [land / house / flat] bearing [Survey / Plot / Door No.],
        admeasuring [Area], situated at [Complete Address], bounded on the North
        by [   ], South by [   ], East by [   ] and West by [   ].

Item 2: [Description of the second property, if any]

A copy of this notice is retained in my office for record and further necessary
action.

Yours faithfully,

[Signature]
[Advocate Name / Your Name]
[Address]
Mobile: [+91 XXXXXXXXXX]
Email: [your@email.com]
Place: [City]

[Shares and succession depend on the personal law
applicable to the family and on whether the property is ancestral or
self-acquired. Have the shares and the schedule verified by an advocate before
issuing this notice.]