Deed of a Family Settlement between the Widow and a Son of a Deceased Muslim by Shiva.

Deed of a Family Settlement between the Widow
and a Son of a Deceased Muslim

THIS DEED OF FAMILY SETTLEMENT is made on the . . . . . . . . . . . . .  day of . . . . . . . , 20 . . . . . . . BETWEEN A.B. etc., of the one part AND C.D. etc., of the other part.

WHEREAS—

(1) The said C.D. claims the residential house of her late husband the said X.Y. and the movable property stocked therein on the basis of an alleged oral gift by the said X.Y. confirmed by a deed dated the . . . . . . . .  . . . . . .and has filed a suit being suit No. . . . . . . of . . . . . . . . . . in the Court of the. . . . . . . against the said A.B. and two other persons for (a) an order directing the defendants to remove the guard posted by them at the said house and certain locks and seals put up by them on the said house, (b) a perpetual injunction restraining the defendants from interfering with the plaintiff’s use and enjoyment of the said house and the said movable property, and (c) the recovery of Rs. . . . . . . on account of damages for the alleged tortious acts of the defendants;

(2) The said C.D. threatens to file a suit for recovery of Rs . . . . . . . .  . . . . .  on account of her dower debt;

(3) As the prosecution of the aforesaid suit now pending in Court and the institution of the contemplated suit for dower by the said C.D. require considerable money and are bound to cause a considerable drain on her purse, and the defence of the two suits is likely to cause unnecessary loss to the said A.B., the parties hereto, on the advice of mutual relations and friends and after taking competent legal advice, have agreed to settle the matters amicably by a family settlement on the terms and conditions hereinafter stated; and

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

NOW THIS DEED WITNESSES that in pursuance of the aforesaid agreement and in consideration of the settlement arrived at between the parties as hereinbefore recited, the parties hereto hereby agree with each other that they will observe and perform the covenants and conditions hereinafter following:

(1) The said C.D. will withdraw her claim for damages preferred in the aforesaid suit No. . . . . . . . .  . . . . . . and the said A.B. will admit her title to the said house and all the movable property claimed by her in Para 6 of the plaint in that suit. The claim with respect to reliefs (a) and (b) claimed in the said suit shall be decreed and that in respect of relief (c) dismissed and each party shall bear its own cost. The parties hereto shall file a petition of compromise in the Court to this effect and decree in terms of reliefs (a) and (b) claimed in the said suit shall be obtained in favour of the plaintiff and against the said A.B. by consent;

(2) The said C.D. will be entitled to Rs . . . . . . . .  . . . . only in full settlement of her claim for dower debt and hereby foregoes the balance of her said claim. The said sum of Rs . . . . . . . .  . . . . . . shall not be payable in cash but the said C.D. will be entitled to purchase property of that value with money paid by the said A.B. in the manner hereinafter provided, and her rights in such property and the devolution of such property after her death will be regulated by the conditions hereinafter provided;

(Here state all the terms and conditions.)

(3) If the said A.B. shall commit a breach of any of the covenants in Clauses  . . . . . . . .  . . . . . .the said C.D. will be entitled to claim her entire dower debt, i.e. Rs . . . . . . . .  . . . . . .with interest at . . . . . . . .  . . . . . .per cent per annum less any sums already received by her on account of dower debt under the terms of this deed.

etc.                               etc.                               etc.

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