13.

DEED OF FAMILY SETTLEMENT FOR DIVISION OF PROPERTIES LEFT BY A

DECEASED BETWEEN SON AND DAUGHTERS WHERE SON PAYS MONEY TO
DAUGHTERS
Parties THIS DEED of family arrangement is made at………………on
this………………day of………………between A son of
Shri………………resident of……………… (hereinafter called the FIRST
PARTY) and Smt. B wife of Shri ........... resident
of………………(hereinafter called the SECOND PARTY) and Smt. C
wife of Shri ……………… resident of………………(hereinafter
called the THIRD PARTY) and Shri D ………………son
of………………resident of………………(hereinafter called the FOURTH
Recitals PARTY).

E left will WHEREAS

Appointing
................. as (1) By his will dated……………E son of late Shri……………resident
executor of……………appointed the fourth party as the executors thereof
and...........as……………gave his movable and immovable assets unto his
E expired and children the first party, second party and the third party in equal shares.
executor obtained
probate (2) The said E died on……………and the executors obtained the probate
of the said will from the……………District Court on……………
Payment of
funeral
testamentary (3)The executor has paid the funeral and testamentary expenses of the
expenses and testator and all his debts which have come to his knowledge out of the
debts by executor estate of the testator.

Estate of E
consists of
Immovable (4)The estate of the said E now in the hands of the executors consists of the
property and immovable property described in the First Schedule hereunder written and
investments the investments, particulars whereof are described in the Second and Third
Schedules hereunder written respectively.
Parties desire to
distribute assets
left by E
(5)The parties hereto of the first three parts are desirous that the first party
shall receive the immovable property and the second party shall receive the
Testatum investments specified in the Second Schedule hereunder written and that
the third party shall receive the investments specified in the Third Schedule
First party to pay hereunder written as absolute owners.
money
NOW THIS DEED WITNESSETH AS FOLLOWS:
Executors will
assent to the (1)The first party shall pay to each of the second and third parties the sum
vesting of of Rs . ........
Immovable
property in first
party (2) On the making of payment as aforesaid, the executors shall. assent to
the vesting of the immovable property described in the First Schedule
Investments to be hereunder written in the first party as absolute owners.
transferred to
second and third
party

Parties covenant (3)The executors shall transfer the investment specified in Second and
not Third Schedules to the second and third parties respectively and they will
to claim any rights become the absolute owners of the said investments.
under will

Testimonium (4)It is expressely agreed by and between the parties hereto of the first
three parts that they shall not claim any rights under the said will, save as
hereinabove provided and they shall release and indemnify the executor
from and against all actions, proceedings, claims and demands in respect of
the assent and transfers hereinbefore agreed to be made.

IN WITNESS WHEREOF the parties hereto have set and subscribed their
hands to this writing, the day and year first hereinabove written
The First Schedule above referred to
Execution (Description of immovable property)
The Second Schedule above referred to
(Particulars of investments to be transferred to second
party)
The Third Schedule above referred to
(Particulars of investments to be transferred to third party)

WITNESSES Signed and delivered by the within named first party

1.
2. Signed and delivered by the within named second party
Signed and delivered by the within named third party
Signed and delivered by the within named fourth party
14. DEED OF FAMILY SETTLEMENT BETWEEN RIVAL CLAIMANTS
Parties THIS DEED OF FAMILY SETTLEMENT is made
at……………this…………… day of ……………20……………between
A son of Shri……………resident of... I of the FIRST PART and
Smt. B daughter of Shn resident of of the SECOND PART and Shri
C son of resident of of the THIRD PART and Smt. D wife of
resident of of the FOURTH PART.
Recitals
WHEREAS
E died intestate
leaving assets (1) E son of………….. resident of…………..died intestate at on...........
leaving behind movable and immovable assets more particularly
described in the Schedule hereunder written.
Claim by A that
he is the only legal (2) A claims the entire movable and immovable assets left by E claiming to
heir be his only son and legal heir of the deceased, but the other parties deny
that he is the only legal heir of the deceased.
Claim by B that
she is entitled to a (3) Smt. B claims proportionate share and interest in movable and
share in the immovable assets left by E claiming to be the widow of the deceased but
properties the other parties hereto deny that she is widow and maintain that she was a
concubine of the deceased.
Claim by C that
he is entitled to a (4)C clams proportionate share and interest in movable and immovable
share in the properties left by E claiming to be the son of the deceased and Smt. B, but
properties the other parties hereto deny that he is the son of E and maintains that he is
the son of concubine Smt. B kept by the deceased and therefore he has no
Claim by D that rights and interests in the assets left by the deceased.
she is entitled to a
share In the
properties (5)D claims proportionate share and interest in movable and immovable
assets left by E claiming to be an adopted daughter of the deceased, but the
Agreement of other parties hereto deny that she was ever adopted and assert that she
parties to settle being an orphan was given shelter in the house and employed as maid
their possible servant by the said deceased.
claims
(6) The parties have agreed to resolve their respective claims and disputes
Testatum amicably without resorting to litigation to save the family from a disastrous
litigation.
Terms of
settlement

NOW THIS DEED WITNESSETH AND IT IS HEREBY AGREED AS

FOLLOWS:

(1) That A shall retain possession of items No. 1, 2, 3, 11, 12, 15 and 19 of
the Schedule, as absolute and exclusive owner thereof and the other
parties will have no claim on the said properties of the deceased and
hereby forego the same, if there was any.

(2) That Smt. B shall be delivered proprietary possession of items No. 4, 5

and 6 of the Schedule, which shall be deemed to belong to her, as from the
date of these presents she shall be absolute owner thereof. Smt. B hereby
renounces her claim in all other movable and immovable properties left by
E the other parties renounce all claims to the said items No. 4, 5 and 6.

(3) That C shall be delivered proprietary possession of items No. 7, 8, 9

and 10 of the Schedule and he shall be deemed to be the absolute owner
thereof as from the date of death of E The other parties renounce all claims
to the said items No. 7, 8, 9 and 10.

(4) That Smt. D shall be delivered proprietary possession of items No. 13,
14, 16, 17, 18 and 20 of the Schedule and she shall be deemed to be the
absolute owner thereof as from the date of these presents. The other parties
Testimonium renounce all claims to the said items No. 13, 14, 16, 17, 18 and 20.
(5) The parties include their respective heirs and successors.

(6) The expenses of and incidental to this deed and also of transfer of the
shares to the respective parties shall come out of the estate of the deceased.
Execution (7)The parties hereby declare that they have obtained independent legal
advice and they are executing this deed with their own free will.
 IN WITNESS WHEREOF, the parties hereto have set and subscribed their
hands to this writing, the day and year first
The Schedule above referred to
Particulars of movable and immovable property left by E

WITNESSES

…………..
1 A

......................
2.
Smt. B

…………..
C

…………....

Smt. D
15. DEED OF FAMILY SETTLEMENT BETWEEN THE HEIRS OF A DECEASED
Parties THIS DEED OF FAMILY SETTLEMENT is made at…………..on
this........... day of…………..20………….. between the heirs of A
namely (i) B, widow of A, (it) C son of A, (fit) D daughter of A, (iv) E son
of F, the predeceased second son of A, (v) G widow of the third son of A.

Recitals WHEREAS

A died Intestate (1) The said A died intestate at …………..on…………..leaving movable

and immovable assets, more particularly described in the Schedule
hereunder written.
Disputes arose
between legal (2) Differences and disputes have arisen amongst the legal heirs of said
heirs deceased A as to the respective share of the heirs.

Agreement of
parties to settle (3) The parties hereto desire and have agreed that the disputes and
disputes amicably differences between them should be resolved amicably between the parties
and litigation amongst the family members should be avoided.

Testatum
NOW THIS DEED WITNESSETH AS FOLLOWS:
Terms of
settlement (1)In pursuance of the said agreement and in consideration of the premises,
the parties aforementioned have agreed that the estate of the deceased shall
be distributed amongst the heirs of the deceased as under:
1.
2.
3.
4.
 5.
Parties obtaining
legal advice (2)The parties hereby declare that they have taken the independent advice
from their respective advocates and they know the true meaning and effect
Testimonium of this deed IN WITNESS WHEREOF, the parties hereto have set and
subscribed their hands to this writing the day and year first hereinabove
written.

Execution The Schedule above referred to

Particulars of movable and immovable assets left by A.
WITNESSES

..........................
1. A
2.
………………….
B

…………………..
C

..........................
E

…………………
G

16. DEED OF FAMILY ARRANGEMENT FOR RELEASE OF PROPERTY IN FAVOUR

OF OTHER BENEFICIARIES IN CONSIDERATION OF ANNUITY
Parties THIS DEED is made at…………..on this…………..day
of…………..20………….. between Smt. A widow of B resident
of…………..hereinafter called as Smt. A of the FIRST PART, and C son
of B resident of…………..hereinafter called as Shri C of the SECOND
PART and D son of B resident of ....... hereinafter referred to as Shri D of
Recitals the THIRD PART.

B, owner of the WHEREAS

property
mortgaged In (1) B was seized and possessed of the property fully described in Schedule
favour of E hereunder written (hereinafter referred to as the said property) and the said
8 mortgaged the said property on …………..in favour of E to secure the
B died Intestate payment of the sum of Rs…………..with interest @ % p.a.

(2) The said B died intestate on…………..at…………..leaving him

Grant of letters of surviving his wife and two sons, the parties hereto are entitled to equal
administration by shares in his estate
court
(3) The District Court of…………..granted Letters of Administration to
Legal heirs paid the estate of the intestate on…………..to Smt. A and Shri D.
funeral expenses
and debts except
mortgage debt (4)The said Shri C and Shri D have duly paid and discharged all funeral
and administration expenses and all debts, except mortgage debt, which
Release by widow have come to their knowledge.
of her share In
favour of her sons

Testatum (5) The parties hereto have agreed that Smt. A will release the entire estate
in favour of Shri C and D in consideration of the payment of annuity and
Terms of of the covenants hereinafter contained
settlement

NOW THIS DEED WITNESSETH AS FOLLOWS:

(1)In consideration of the annuity hereinafter granted to Smt. A and of the

Sons covenant to covenants hereinafter contained, the said Smt. A as beneficial owner,
pay annuity hereby assigns and releases unto the said Shri C and Shri D all that her
during widow's rights, title and interest in the properties described in the Schedule
lifetime hereunder written and to hold the same unto the said Shri C and Shri D in
equal shares as tenants-in-common.
Sons covenant to
pay mortgage debt (2) The said Shri C and Shri D hereby jointly and severally covenant with
the said Smt. A that they or their legal heirs will pay to Srnt. A, a sum
of Rs …………..her lifetime, the first payment to be made
on…………..and being in respect of the month beginning on that day
Testimonium
The said Shri C and Shri D hereby also jointly and severally covenant with
the said Smt. A that they or their legal heirs will pay mortgage money
secured by the mortgage on the said property and will at all times hereafter
keep the said Smt. A indemnified from and against all actions, claims,
proceedings and demands in respect thereof.
Execution
IN WITNESS WHEREOF the parties hereto have set and subscribed their
hands to this writing the day and year first hereinabove written.

The Schedule above referred to

WITNESSES Signed and delivered by the within named Smt. A
1.

2. Signed and delivered by the within named Shri C

Signed and delivered by the within named Shri D

17. DEED OF SETTLEMENT UNDER WHICH A SON AGREES TO PAY DOWER

DEBT TO HIS FATHER'S WIDOW
Parties THIS DEED OF FAMILY SETTLEMENT is made at
on...............between a son of B resident of…………..hereinafter
called Shri A, of the ONE PART and Smt. C widow of B resident of
............. hereinafter called as Smt. C of the OTHER PART.
Recitals
WHEREAS
B owned house,
died intestate (1) B was seized and possessed of the house, fully described in the
Schedule hereunder written, hereinafter referred to the said house and the
B’s widow In said B died intestate on…………..at…………..
possession of
house and. claims (2) The said Smt. C was in the possession of the said house at the time of
dower debt the death of B and continues to be in possession of the said house and she
has demanded the payment of dower debt of Rs............payable to her from
Son desires to sell the said Shri A, who is entitled to succeed the said house as only legal heir
house of the said B.

(3) The said Shri A is desirous to sell the said house, as he is working in
and there is nobody to look after the said house, but the said Smt.
Parties to settle C claims to continue in possession of the said house, till her dower debt is
disputes amicably paid and due to which differences and disputes have arisen between the
parties
Widow obtained
independent legal (4) The parties are desirous to settle the disputes and differences amicably
advice on the terms and conditions hereinafter stated

Testatum (5)The said Smt. Chas obtained the independent legal advice from her legal
advisers and her brothers, etc. and after considering and understanding the
Terms of same has given her consent to the settlement.
settlement
NOW THIS DEED WITNESSETH AS FOLLOWS:

Renouncement of (1)In pursuance of the said agreement and in consideration of the premises,
claims by widow the said Smt. C will give vacant possession of the said house to said Shri A
on home upon payment of the sum as hereinafter mentioned.

Testimonium (2) The said Shri A shall pay Rs . …………..to Smt. C as dower debt on or
before………….. and the said Smt. C will renounce all her claims to the
said house and Shri A will retain possession of the said house as absolute
Execution and exclusive owner thereof.

IN WITNESS WHEREOF, the parties have set and subscribed their hands
to this writing the day and year first hereinabove written.
The Schedule above referred to
WITNESSES Signed and delivered by the within named Shri A
1.
2. Signed and delivered by the withinamed Smt. C

18. FAMILY ARRANGEMENT IN WHICH THE DAUGHTERS CONVEY THEIR

SHARES IN FAVOUR OF THEIR BROTHER
Parties THIS DEED is made at…………..on this…………..day of.......
20…………..between Smt. A wife of Shri resident of
hereinafter called as Smt. A, of the ONE PART and Smt. B wife of Shri..
…………..resident of…………..hereinafter called as Smt. B of the
SECOND PART and Shri C son of D resident of hereinafter called
Recitals as Shri C, of the THIRD PART.
D owner of
properties died WHEREAS D now deceased was seized and possessed of the property,
Intestate more particularly described in Schedule hereto, and the said D has died on
…………..intestate.
Parties to
deedlegal heirs
AND WHEREAS the parties to this deed are the only legal heirs entitled to
Daughters share in the estate of D.
married and
getting gifts on
festivals and AND WHEREAS Smt. A and Smt. B have been married in very
functions respectable families and the said D had spent substantial sums on their
marriage and the said D had been paying money and offering gifts to them
Sisters desire to on the occasion of festivals and functions in the family and after the death
transfer their of said D, C has been paying money and offering gifts to them on the
shares to their occasion of festivals and functions in the family.
brother
AND WHEREAS on account of their love and affection, the said Smt. A
Testatum and Smt. B are desirous to transfer their shares to C for his absolute use
and benefit free from encumbrances.
Terms of
settlement

NOW THIS DEED WITNESSETH AS FOLLOWS:

Sisters covenant (1)In pursuance of the said agreement and in consideration of the premises,
not to claim any the said Smt. A and Smt. B as beneficial owners hereby assign and release
right, interesting unto Shri C all that their shares and interests in the property described in
the estate of their the Schedule hereunder written to hold the same unto the said Shri C as
late father absolute owner thereof without any encumbrance or charge.

Sisters Includes (2)The said Smt. A and Smt. B hereby agree, undertake and declare that
their heirs none of them will have any right, title or interest in the property described
in the Schedule hereto or any other property which is found later on to be
Costs left by the deceased D and C will hold the said property as absolute owner
1hereof without any encumbrance or ch-arge
Parties obtained
Independent legal
advice (3)The said Smt. A and Smt. B include their respective legal heirs,.
successors and legal representatives.
Testimonium
(4)The cost of the execution and registration of this deed shall be borne by
Execution Shri C.

(5)The said Smt. A and Smt. B have obtained independent advice and they
are fully aware of meaning and effect of this deed

IN WITNESS WHEREOF, the parties have set and subscribed their hands
to this writing the day and year first hereinabove written
The Schedule above referred to
 WITNESSES Signed and delivered by the within named Smt A
1.

2. Signed and delivered by the within named Smt. B

Signed and delivered by the within named Shri C
19. FAMILY ARRANGEMENT TO ADOPT AN UNATTESTED WILL
Parties THIS DEED OF FAMILY ARRANGEMENT is made at…………..on
this............day of …………..20…………..between Shri A son of B
resident of………….. (hereinafter called as Shri A) of the FIRST PART
and Smt. C widow of B resident of…………..(hereinafter called as Smt. C)
of the SECOND PART and Smt. D wife of resident
of…………..(hereinafter called as Smt. D) of the THIRD PART.
Recitals
B, owner of WHEREAS
properties died (1)The said B son of…………..resident of…………..died intestate
intestate on…………..leaving Smt. C his widow, Shri A and Smt. D, the son and
daughter being the only legal heirs
Will executed by
B found which Is
not attested (2) After the death of the said B, a will, a copy whereof is set out in the
Schedule hereunder written (hereinafter called the will) dated........signed
by the said B and purporting to be his will has been found in his almirah,
Parties desire to but the said will is not attested by two witnesses as required by law.
give effect to the
will (3)The parties hereto are of an opinion that the last wishes of the said B
should be fulfilled and these should not remain unfulfilled due to
Appointment of technicalities of law and therefore they are desirous of giving full effect to
executor the said will.

Testatum (4)The said B has appointed Shri A as executor of the said will for the
purposes therein appearing.
Agreement of
parties to give NOW THIS DEED WITNESSETH AS FOLLOWS
effect to the
unattested will (1)It is agreed between the parties hereto that full effect shall be given to
all the terms of the will of the said B, as though the same was the last will
Parties covenant of the said. B duly executed and attested and probated.
not to make any
claim to the estate
of deceased as (2) The parties hereto shall not make any claim to any part of the estate or
legal heir effects of the said B as being his widow and children otherwise in
accordance with the terms of the will.
Administration of
the will

Parties covenant
to do further (3)The executor shall administer the will and all the parties hereto will
deeds and things assent to the vesting of the property in the executor
necessary
(4) All the parties hereto shall execute and do all such deeds and things as
Testimonium may be necessary or expedient for carrying out the objects of this deed.
Execution
IN WITNESS WHEREOF the parties hereto have signed this deed on the
day and year first hereinabove written.

The Schedule above referred to

WITNESSES Signed and delivered by the within named Shri A
1.

2. Signed and delivered by the within named Smt. B