Deed of Assent from Executor

Deed of Assent from Executor

(Short Form)

This deed of assent made …………. between ………… AB, son of ………….. residing ……………… service-holder executor to the estate of…………. deceased under his will dated ………….. hereinafter referred to as the executor to the estate of …………….. of …………. the first part and CD, son of …………. Hindu ……….. residing at ………. and EF, wife of …………… residing at…………. Hindu …………. hereinafter collectively referred to as the beneficiaries of the second part: Whereas the parties hereto of the second part are amongst other legatees under the said will of the deceased ………….. which inter alia provides as follows:

*           *           *           *

And whereas the said will was proved before……………… and probate thereof was granted to the said………….. out of and under the seal of the said court ……… as its executor ……………… and whereas the said grant is still in force and virtue and whereas the said AB ………… as such executor took possession of the estate in pursuance of the said probate, duly discharged all funeral and testamentary expenses and has completed administration of the immovable properties and filed the inventory and account thereof as provided under the grant, and whereas the parties hereto of the second part have requested the said Executor to assent to the legacy of the immovable property fully mentioned and described in the Schedule below pending realisation and distribution of the movables amongst the legatees in terms of the said will Now this indenture witnesseth that the said AB …………..  as such executor as aforesaid doeth hereby and hereunder assent to the vesting of the legacy in respect of the said Premises No. ……….. in the party of the second part as the beneficiary so as to make their title clear complete and perfect to the property bequeathed under the will of the deceased absolutely and for ever. And this deed of assent further witness that AB as such executor doth hereby deliver possession of the said property to the beneficiaries and covenant with the beneficiaries that the said executor has not done, executed or performed or knowingly suffered to the contrary or been party or privy to any act, deed or thing whereby or by reason or means whereof the said premises No. ……….. particularly mentioned and described in the Schedule hereunder written are, is or can or may be in anywise affected or prejudiced in title or estate or he may be hindered and/or prevented from assenting to the legacy in respect of the same in the manner as aforesaid and further he does hereby acknowledge the right of CD as to production of the original probate and inspection to copy thereof or abstract thereof as may be desired. And that the beneficiaries do hereby accept the legacy as testified by their being parties hereto and executing the same.

The Schedule

In witness whereof the said executor and the beneficiaries have hereunto set and subscribed their respective hands and seals the day, month and year first above-written.

Signed, sealed and delivered by                                                                      AB

the   within-named  executor                                                                   CD

at ………………… and CD and EF                                                                                             EF

Beneficiaries in the presence of:

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