Deed of Family Settlement between Rival Claimants[CD1]
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:
1.
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.
2.
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