Family Arrangement to Adopt an Unattested Will[CD1]
This
Deed of Family Arrangement is made at ........ on this ............ day of
........ 19 ...... 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.
Whereas
the said B son of ............... resident of .......... died intestate on
......... leaving Smt. C his widow, Shri A and Smt. D, the son and daughter
being the only legal heirs.
And
Whereas 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, but
the said will is not attested by two witnesses as required by law.
And
Whereas 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
technicalities of law and therefore they are desirous of giving full effect to
the said will.
And
Whereas the said B has appointed Shri A as executor of the said will for the
purposes therein appearing.
Now
this Deed Witnesseth as Follows:
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 of the said B duly executed and attested and
probated.
2.
The parties hereto shall not make any claim
to any part of the estate or effects of the said 8 as being his widow and
children, otherwise in accordance with the terms of the will.
3.
The executor shall administer the will and
all the parties hereto will assent to the vesting of the property in the
executor.
4. All
the parties hereto shall execute and do all such deeds and things as may be
necessary or expedient for carrying out the objects of this deed.
In
Witness Whereof the parties hereto have signed this deed on the day and year
first hereinabove written.
The
Schedule above referred to
Signed
and delivered by the within named Shri A
Signed
and delivered by the within named Smt. B
WITNESSES;
1.
2.
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