DEED OF FAMILY SETTLEMENT BETWEEN RIVAL CLAIMANTS
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.
WHEREAS
(1) E son of………….. resident of…………..died intestate at on……….. leaving behind movable and immovable assets more particularly described in the Schedule hereunder written.
(2) 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.
(3) 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.
(4)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.
(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 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.
(6) The parties have agreed to resolve their respective claims and disputes amicably without resorting to litigation to save the family from a disastrous litigation.
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 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.
(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