Deed of Transfer from the Executor to the Beneficiary under a will
This indenture made this……………. day of……………… 2000 between AB son of……… as Executor to the Estate of XY hereinafter referred to as the Transferor (which term shall unless the context otherwise requires include all persons representing the Estate of the said XY from time to time) of the one part and CD son of………… residing at………… hereinafter referred to as the transferee (which expression shall unless the context otherwise requires include his heirs, executors, administrators, successors and assigns) of the other part.
Whereas the said XY who was a Hindu by faith and by nationality Indian died on the day of………… leaving inter alia the property mentioned and described in the schedule below as part of his estate and whereas prior to his death the said XY made and published his last will and testament in English language and character whereby and whereunder he appointed the said AB as executor of his said will and trustee of his estate and left and English language and character whereby and whereunder he appointed the said AB as executor of his said will and trustee of his estate and left and bequeathed the same among the legatees mentioned therein and whereas by his said will the said XY left and bequeathed the undermentioned property unto and to the use of the said CD, and whereas the said will was duly proved before the court of……… and probate thereof was granted to the said AB out of and under the seal of the said court and whereas the said probate is still in full force and virtue and whereas the said AB has duly paid and/or discharged all the testamentary and general expenses and other debts and liabilities of the estate completed the administration thereof and filed the usual account and inventory thereof on the day of…………….. Now this Indenture witnesses that in pursuance of the said will and in order to give full and complete effect to the wish and desire of the said XY he the said AB does hereby and hereunder assent to the legacy in respect of the said property as provided under the said will with intent to divest himself from and vest the same in the said CD to all intents and purposes and for that purpose grant, transfer, convey, assign and assure the same unto and to the use of the said CD to have and to hold the same absolutely and forever.
And that the said AB does hereby covenant with the said CD that he, the said AB has not done, executed or performed nor suffered anything to the contrary whereby or by reason or means whereof the said property or any part thereof may be in any way affected or prejudiced in title or estate or that the said AB may be hindered or prevented from granting, transferring, conveying, assigning or assuring the same unto and to the use of the said CD in the manner hereinbefore indicated and further that the said AB has had at no time heretofore given or made any assent or conveyance affecting the said property or any part thereof in favour of any other person or persons nor expressed or intended so. And furthermore he acknowledges the right of the beneficiary as to production of the original probate and inspection or copy thereof as may be desired.
The Schedule above referred to
In witness whereof the parties hereto have put their signatures hereto the day, month and year first above-written.
Signed and delivered by the within-mentioned transferor in the presence of:
Signed and delivered by the within-mentioned transferee in the presence of: