Deed of Family Settlement between Rival Claimants
This
Deed f Family Settlement is made at ....... this .......... day of .........
2000, between A son of Shri.......... resident of .............. of the First
Part and Smt. B daughter of Shri ............. 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.
Whereas
E son of ............ resident of .......... died intestate.........on
......... leaving behind movable and immovable assets more particularly
described in the Schedule hereunder written.
Whereas
A claims the entire movable and immovable assets left by E claiming to 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.
Whereas
Smt. B claims proportionate share and interest in movable and immovable assets
left by E claiming to be the widow of the deceased, but the other parties
hereto deny that she is widow and maintain that she was a concubine of the
deceased.
Whereas
C clams proportionate share and interest in movable and immovable properties
left by E claiming to be the son of the deceased and Smt. B, but 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 rights and
interests in the assets left by the deceased.
Whereas
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 other parties
hereto deny that she was ever adopted and assert that she being an orphan was
given shelter in the house and employed as maid servant by the said deceased.
Whereas
the parties have agreed to resolve their respective claims and disputes
amicably without resorting to litigation to save the family from a possible
disastrous litigation.
Now
This Deed Witnesseth And It Is Hereby Agreed As Follows:
That
A shall retain possession of items No. 7, 8, 9 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 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. 1, 2, 3 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.
1,2,3 and 10.
4. That
Smt. D shall be delivered proprietary possession of items No. 12, 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 renounce all
claims to the said items No. 12, 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.
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 hereinabove written.
The
Schedule above referred to
Particulars
of movable and immovable property left by E
WITNESSES;
1.
Sh.
A
2.
Smt.
B
Sh.
C
Smt.
D
