Deed of a Family Settlement between Rival Claimants of an Estate by Shiva.

Deed of a Family Settlement between Rival Claimants of an Estate

THIS DEED OF FAMILY SETTLEMENT is made on the . . . . . . . . . . . . .  day of . . . . . . . . . . . . . ., 20 . . . . . . . . . . . . . BETWEEN A.B. etc. of the first part AND C.D. etc. of the second part and E.F. etc. of the third part AND G.H. etc. of the fourth part.

WHEREAS—

(1) X.Y. owner of the property mentioned in Schedules A, B, C, D and E hereto died on the . . . . . . . .  . . . . . .;

(2) The said A.B. claims the whole of the said property as the adopted son of the said X.Y. and the other parties hereto deny the alleged adoption;

(3) The said C.D. claims the whole property as the widow of the said X.Y. and the other parties hereto deny that she is his widow and assert that she was the said X.Y.’s mistress;

(4) The said E.F. claims the whole property as the son of Z, a sister of the said X.Y. but the other parties hereto deny his claim, alleging that the said E.F. is not the son of Z but is the son of Z’s husband by another wife;

(5) The said G.H. claims the whole property as a collateral of the said X.Y.;

(6) Each of the four parties hereto has obtained possession of a small portion of the estate of the said X.Y. and has put in an application for mutation of his name on the whole of the said estate;

(7) As the prosecution of the mutation cases and of the civil suits which will necessarily follow the final decision in the mutation cases will entail heavy expenditure and is likely to ruin the parties besides further accentuating the existing disharmony among the parties above-mentioned, the parties hereto on the advice of mutual friends and relations and after taking competent legal advice to ensure amity and goodwill have agreed to settle the dispute amicably by a family settlement in the manner hereinafter following;

(8) All the conditions of the proposed family settlement have been fully explained to the said C.D. by her counsel Shri . . . . . . . .  . . . . . .and the said C.D. has in consultation with the said Shri . . . . . . . .  . . . . . .fully examined and considered the same and has given her free consent to them.

NOW THIS DEED WITNESSES and the parties hereto hereby agree as follows:

1. The said A.B., E.F. and G.H. shall be absolute owners of the properties mentioned in Schedules A, B and C hereto respectively;

2. The said C.D. shall be owner of the property mentioned in Schedule ‘‘D’’ for her life and shall have no right to alienate the same except with the consent of the said A.B., E.F. and G.H. or in the case of death of either of them, with the consent of the survivor or survivors and of the heirs of the deceased, and on the death of the said C.D., the said property shall devolve upon the said A.B., E.F. and G.H. or their respective heirs in equal shares;

3. The property mentioned in Schedule E shall be set apart for the upkeep and other expenses of the temple of . . . . . . . . . . . . . . at . . . . . . . . . . . . . .which was built by the said X.Y., deceased, and shall remain in possession of the said G.H. in trust for the said purposes. The said G.H. will apply the whole of the income of the said property after deducting Government revenue, cesses, taxes and expenses of collection on the unkeep of the said temple and on the bhog of the idol installed in the said temple and other necessary expenses in connection with the temple. After the death of the said G.H., his eldest male heir and after him his eldest male heir and so on shall be the trustee provided he is able and willing to act as such trustee.

IN WITNESS WHEREOF etc.

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