Details of the Case:

Mr. Ragu Ram aged 75 years owns property worth about 5 crores. Mr. Raguram had two sons namely Rajavel and Sakthivel and three daughters namely Priya, Geetha and Shanthi all married and living separately. Mr. Raguram was living with his wife Mrs. Keerthana Raguram in an individual house. All the properties are self-acquired property of Mr. Raguram purchased from his own funds out of his employment. Mr. Raguram died intestate on 1/5/2016.

After the death of Mr. Raguram all the sons planned to divide the property among themselves without giving any share over the property to they are sisters.  All the sisters got the information and wanted to take action against their brothers for not giving any share over the property.

NOTE

Section 10 of the Hindu Succession Act, 1956 – Self-Acquired Properties

Section 10 of the Hindu Succession Act, 1956 states

“10 Distribution of property among heirs in class I of the Schedule The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules: Rule 1-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2-The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. Rule 4-The distribution of the share referred to in Rule 3- (i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his predeceased sons gets the same portion; (ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions. ”

Question

Draft a legal notice on behalf of … and draft a plaint for the same with an interim application to grant an injunction for all the properties.


LEGAL NOTICE

On Behalf Of:

1) Mrs. Priya, Mrs. Geetha and Mrs. Shanthi,

Daughters of Mr. Raguram

Address: ________________

_______________________

 

To,

1) Mr. R. Rajavel

S/o Mr. Ragu Ram

Address: __________________

____________________

 

2) Mr. R. Sakthivel

S/o Mr. Ragu Ram

Address: _____________

______________________

 

REGISTERED LEGAL NOTICE

Dear Sir,

Under instructions from and on behalf of my clients Mrs. Priya, Mrs. Geetha, Mrs. Shanthi daughters of Mr. Ragu Ram resident of _______, the following legal notice is being served on you: –

  1.  That Mr. Raguram, father of my clients, who was residing at ________died on 01.05.2016.
  2. That at the time of his death he was the absolute/ sole owner of the property bearing Door No. ___________________________.
  3. That Mr. Ragu Ram died intestate, that is, without making any ‘Will’ in the favour of any person(s) before or at the time of his death.
  4. That Mr. Ragu Ram died leaving behind the following legal heirs at the time of her death: –
Name Relation with deceased
 Mrs. Keerthana Raguram Wife
Mr. R. Rajavel Son
Mr. R. Shakthivel Son
Mrs. Priya Daughter
Mrs. Geetha Daughter
Mrs. Shanthi Daughter
  1. That according to law, any of the legal heirs of Mr. Ragu Ram may call upon the rest of the legal heirs to partition the aforesaid property by meets and bound and delivers the vacant possession of their respective share, at any time.
  2. That it has came to the knowledge of my clients that you are now trying to divide the property among yourselves and sell the aforesaid property by manipulating and forging some false documents illegally, dishonestly, fraudulently and in gross violation of the laws of the land.
  3. That as the aforesaid property has to be partitioned among all legal hiers,  you were further forbidden to deal with it in anyway. Further you have no right to deal in any way with the share of my clients and before partition of the aforesaid property.

I, therefore, by means of this notice, call upon you to restrain from any activity which may hinder the undisturbed enjoyment of my clients of their shares over the above said property and to partition the property bearing no. _____by meets and bound, and deliver the vacant possession of the shares of my aforesaid clients within fifteen days of the receipt of this notice failing which I have clear instructions to institute the necessary Civil as well as Criminal Proceedings against you both and in these events you shall be held liable for all the costs of and incident to such proceedings.

Copy retained for record and further necessary action.

 

________________________

(ADVOCATE)


 

 

PLAINT

 

IN THE COURT OF THE DISTRICT MUNSIFF, ………………………………..

 

Civil Suit No………………………………………………………….. /2016

1) Mrs. Priya

D/o Mr. Ragu Ram

age … years, occupation – ……………..,

resident of …………………………………..

 

2) Mrs. Geetha

D/o Mr. Ragu Ram

age … years, occupation – ……………..,

resident of …………………………………..

 

3) Mrs. Shanthi

D/o Mr. Ragu Ram

age … years, occupation – ………………,

resident of …………………………………..                       Plaintiffs

 

Versus

 

1) Mr. R. Rajavel

S/o Mr. Ragu Ram

age……..years, occupation -…………………..,

 

2) Mr. R. Sakthivel

S/o Mr. Ragu Ram

age……..years, occupation -…………………..,

Resident of…………………………………..                  Defendant

 

 

A SUIT FOR PARTITION

The plaintiffs above named begs to submit as follows :

  1. That the plaintiffs are the daughters and the defendants are the sons of the deceased Mr. Ragu Ram.
  2. That Mr. Raguram, who was residing at ________died on 01.05.2016.
  3. That at the time of his death he was the absolute/ sole owner of the property bearing Door No. ___________________________.
  4. That Mr. Ragu Ram died intestate, that is, without making any ‘Will’ in the favour of any person(s) before or at the time of his death.
  5.  That Mr. Ragu Ram died leaving behind the following legal heirs at the time of her death: –
Name Relation with deceased
 Mrs. Keerthana Raguram Wife
Mr. R. Rajavel Son
Mr. R. Shakthivel Son
Mrs. Priya Daughter
Mrs. Geetha Daughter
Mrs. Shanthi Daughter

 

  1. Description of Property : All that piece and parcel of land situate within the Registration Division & District Madurai, Madurai South Taluk, within the local limits of the Madurai Corporation, revenue village Solanguruni, bearing R.Survey No. 204/5A, admeasuring 20 Cents or thereabouts, and bounded
    by as follows:

On or towards the East    _      …………………….

On or towards the South _     ………………..

On or towards the West   _      Public Road,

and On or towards the North _  ………………..

 

  1. That the property described in para 6 above is a self acquired property of Mr. Ragu Ram and he purchased it from his own funds out of his employment.

 

  1. That the plaintiffs came to know that the Defendants are are now trying to divide the property among themselves and sell the aforesaid property by manipulating and forging some false documents illegally, dishonestly, fraudulently and in gross violation of the laws of the land.
  2. That the plaintiff accordingly called upon the defendants, on , to effect partition, but they refused to do so.
  3. That the plaintiff submits that the defendants have been obstructing these plaintiffs in their enjoyment of the suit property along with them, and these plaintiffs have no other source of income except and save the suit property.
  4. That the plaintiffs, therefore, served upon the defendants a notice, dated ____calling upon them to effect partition, but the defendants, once again, refused to do so, and hence, this suit.
  5. The plaintiffs are entitled to shares in the suit property.
  6. That the cause of action for this suit first arose on_______ ., when the plaintiffs demand for partition was turned down by the defendants and has since then been arising every day thereafter, and hence, the suit filed today is well within limitation.
  7. That the property is situate within the local limits of the jurisdiction of this Court, and hence, this Hon’ble Court has jurisdiction to try and decide this suit.

11.That the suit is valued for the purpose of jurisdiction at Rs.__that being the amount equal to 20 times the revenue assessment, and on the share of such amount, proper court-fee is paid herewith.

  1. That the plaintiff, therefore, prays that –

(A) That the defendants be restrained by an injunction from alienation.

(B) It be declared that the plaintifs are entitled to share in the suit property;

(C) The plaintiffs share be divided and given in their possession;

(D)The defendants be permanently restrained from obstructing this plaintiff in his enjoyment of the suit property;

(E)The plaintiff be paid the costs of this suit from the defendants,
and

(F) Any other orders in the interest of justice be kindly passed.

Dated:

Sd/-  1. PLAINTIFF

Sd/- 2. PLAINTIFF

Sd/- 3. PLAINTIFF

ADVOCATE FOR PLAINTIFF

 

VERIFICATION

I, Mrs Priya, the present plaintiff no 1, verify that the facts stated in paras 1 to 7 of the above plaint are true to my personal knowledge and the contents of Paras 8 to 12 are believed by me on information received, to be correct. I append my signature to this verification at …………on ……………..2016.

Sd/- SI PLAINTIFF 1

 

 

I, Mrs Geetha, the present plaintiff no 2, verify that the facts stated in paras 1 to 7 of the above plaint are true to my personal knowledge and the contents of Paras 8 to 12 are believed by me on information received, to be correct. I append my signature to this verification at …………on ……………..2016.

Sd/- SI PLAINTIFF 2

 

 

I, Mrs Shanthi, the present plaintiff no 3, verify that the facts stated in paras 1 to 7 of the above plaint are true to my personal knowledge and the contents of Paras 8 to 12 are believed by me on information received, to be correct. I append my signature to this verification at …………on ……………..2016.

Sd/- SI PLAINTIFF 3

 

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