Deed Creating Charge on
the Property
This Deed made at
....................... on this ....................... day of
...................., 2000, Between A, son of ..................... B, son of
....................... and C, son of ....................... all residents of
.............................., hereinafter collectively referred to as 'the
Party of the "First Part" of the ONE PART and Smt. X, wife of
................ resident of ....................... and Smt. Y, wife of
..................... resident of ..................... hereinafter
collectively referred to as "The Party of the Second Part" of the
OTHER PART.
Whereas A, B, C
constitute joint Hindu family governed by Mitakshara law and the said joint
Hindu family owned properties and assets:
And Whereas the said
A, B, C as members of joint Hindu family, partitioned the properties and assets
of joint Hindu family between them vide Partition deed dated
................... which was registered with Sub- Registrar .....................
on ..................... at No. .....................;
And Whereas Smt. X
and Smt. Y are the mother of Shri A, B and widow of D predeceased coparcener of
the family and it was agreed between the parties of the first part that Smt. X
and Smt. Y each will be entitled to a sum of Rs. 1,000 per month as maintenance
allowance during their life time from the income of the assets and properties
of joint Hindu family and the party of the first Part will pay the said amount
to Smt. X and Smt. Y by tenth day of every month and it was also agreed that
the said payment would be charged on the properties and assets of the Party of
the First Part, being the land and premises situate at ......... and more
particularly described in the Schedule hereinunder written, hereinafter
referred to as the said premises.
NOW THIS DEED
WITNESSETH THAT the payment of the sum of Rs. 1,000 per month by the Party of
the First Part to Smt. X and Smt. Y, each by way of maintenance, during their
lifetime payable by the Party of the First Part to the Party of the Second Part
shall be a charge on the said premises and the Party of the First Part hereby
charges the said premises with the payment of the said liability to pay
maintenance to the Party of the Second Part.
And it is agreed
between the parties that in the event of failure of the party of the First Part
to pay the monthly payment on due dates, the Party of the Second Part will be
entitled to enforce the charge by selling the said premises through the Court
and to recover and receive the amount due out of the sale proceeds thereof.
IN WITNESS WHEREOF,
the Party of the First Part have put their hands the day and year first
hereinabove written.
The Schedule above
referred to
Signed and delivered
by the within named A, B and C
WITNESSES;
1.
2.