A Family Settlement between the Heirs of a Deceased Person by Shiva.

A Family Settlement between the Heirs of a Deceased Person

THIS FAMILY SETTLEMENT is made the . . . . . . . . day of . . . . . . in the year 20 . . . . . . . . , BETWEEN A.B., aged about . . . . . . . years, alleged adopted son of E.F . . . . . . . . . (hereinafter called ‘‘the First Party’’) of the one part, B.C., aged about . . . . . . . .  years, alleged daughter of E.F. (hereinafter called ‘‘the Second Party’’) of the second part; and C.D., aged about . . . . . . . . years, alleged widow of E.F. (hereinafter called ‘‘the Third Party’’) of the third part, all residents of . . . . . . . . in the city of . . . . . . . .

WHEREAS the said E.F. (hereinafter called ‘‘the Deceased’’) died on the . . . . . . . . , at his residential house in . . . . . . . . , leaving considerable property all detailed and described in Schedules ‘‘A’’ and ‘‘B’’ attached hereto;

AND WHEREAS the said A.B., B.C. and C.D. claim and allege heirship to the Deceased in their respective rights as described below and the said Second Party has served the other parties with a notice dated . . . . . . . . , and the Third Party has also served a notice dated . . . . . . . . , to the other parties claiming ownership and possession of the properties left by the Deceased;

AND WHEREAS it is alleged by A.B. that he was duly adopted by the Deceased on the . . . . . . . . day of . . . . . . ., 20 . . . . . . . . . ., before the Deceased with his wife F.G. left for Burma and settled down in that country;

AND WHEREAS it is alleged by B.C. that she is the natural-born daughter of the said F.G. and the Deceased, F.G. having died soon after delivery in hospital in . . . . . . . .  . . .on the . . . . . . . .  . . . day of . . . . . . , 20 . . . . . . when the said B.C. was born;

AND WHEREAS it is alleged by C.D. that she was duly married in Burma on the . . . . . . . .  . . . day of . . . . . . . . . . . . . , 20 . . . . . and is the lawful widow of the Deceased;

AND WHEREAS each party vehemently denies the claim of the others and it is evident that the family properties will be lost in the litigation which is imminent;

AND WHEREAS on the intervention of friends and well-wishers of the family;

THIS SETTLEMENT is made for the benefit of the family generally and for the purpose of avoiding family disputes and litigation whereby the parties are irrevocably bound as below:

1. That the First Party, the alleged adopted son, is in sole possession and occupation of the properties detailed and described at items 1 and 2 of Schedule ‘‘A’’ (List of Immovable Properties), which said properties the Deceased had acquired prior to his departure to and settlement in Burma and which said properties have ever since remained in the exclusive use of the said A.B. shall continue to be held by the First Party, but now as heir of the Deceased in ownership and possession of the same.

2. That the Second Party, the alleged natural-born daughter of the Deceased by his Indian wife F.G. is in sole possession and occupation of the properties detailed and described at items 3 and 4 of Schedule ‘‘A’’ and items 1 and 2 of Schedule ‘‘B’’ (List of Movable Properties) being fixed deposits standing in the joint names of the Deceased and B.C. payable to either or survivor shall be retained by B.C. as the Deceased’s heir in ownership and possession of the same.

3. That the Third Party, the alleged wife, now widow of the Deceased residing with the Deceased in the residential house described as item 5 of Schedule ‘‘A’’, together with items 3 and 4 of Schedule ‘‘B’’ shall retain, own and possess the said properties as widow and heir of the Deceased.

4. That it is further hereby declared and agreed between the parties that this FAMILY SETTLEMENT ends all disputes between the parties relating to the respective rights and claims of the parties to the property of the Deceased and that each party for the purposes of this settlement admits the claim of the other.

IN WITNESS whereof the said A.B. (the First Party), B.C. (the Second Party) and C.D. (the Third Party) have hereunto at . . . . . . . .  . . . signed this deed the day and the year first above written.

Witnesses:

1.                                                         Sd. . . . . . . . . . . . . . . .  . . .

First Party.

2.                                                         Sd. . . . . . . . . . . . . . . . . . . .

Second Party.

Sd . . . . . . . . . . . . . . . . . .

Third Party.

Schedule ‘‘A’’ (List of Immovable Properties)

1. House No. . . . . . . .  . . .and bounded as below occupied by A.B. and his children.
2. House No. . . . . . . .  . . . .and bounded as below occupied by various tenants, a list whereof is given below, paying rents to A.B. List of tenants:
3. House No. . . . . . . .  . . . .and bounded as below occupied by B.C. and her husband and children.
4. Building No. . . . . . .and bounded as below occupied by . . . . . . on a rent of Rs . . . . . . .which is received by B.C.
5. House No. . . . . . . . and bounded as below occupied by the Deceased and C.D. as their residential house and now in the occupation of C.D.

Schedule ‘‘B’’ (List of Movable Properties)

1. Fixed deposit in the . . . . . . . Bank,. . . . . ., in the sum of Rs. . . . . standing in the joint names of the Deceased and B.C. payable to either or survivor under receipt No. . . . . . . . . , dated. . . . . . .
2. Fixed deposit in the. . . . . . Bank,. . . . . . ., in the sum of Rs. . . . .  standing in the joint names of the Deceased and B.C. payable to either or survivor under receipt No. . . . . . . . . , dated. . . . . . .
3. Post Office National Savings Certificates of the value of Rs . . . . . . . . standing in the name of C.D. but kept in safe deposit with the. . . . . . .Bank, . . . . . . ., in the name of the Deceased.
4. Fixtures, fittings and furniture and all household goods in and upon the premises described at item 5 of Schedule ‘‘A’’ above.

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