Mutual Release between a Separated Member of the Mitakshara Family and the Old Branch

Mutual Release between a Separated Member of the Mitakshara Family and the Old Branch

This deed of release made the ……………… day of ………… 1999 between AB, son of ……………… residing at ……………… etc. for himself and as Karta and representing the coparceners of a joint Hindu family consisting at present of himself and his sons and grandsons namely ……………… hereinafter referred to as the releasor of the one part and CD son of ………… residing at ………… etc. for self and as Karta of and representing the coparceners of a joint Mitakshara family consisting of his sons and grandsons hereinafter referred to as the releasee of the other part.

Whereas the said AB and his brother EF since deceased were joint in food, worship and estate and carried on a joint family business at various places, viz …………………… under the name and style of…………

And whereas the said EF died on the …………… day of …………… leaving a son, viz., the said CD the releasee hereto who did not have intention nor any inclination to remain joint with the said AB and/or to continue in the business of the family and whereas the said CD became thus completely separated from the joint family and its estate and the business thereof and started his own business independently at …………… under the name and style of ……………… without any aid or contribution from the joint family funds or the estate and whereas the said CD
having been in affluent circumstances independently of the joint family estate did never have nor at present claim any share or interest of the joint family estate nor in the profits or benefits thereof which he has renounced for ever.

And whereas it is nevertheless necessary and expedient to safeguard the future interest of the parties and their representatives after their demise and in order to end all possible claims or disputes and differences which the parties or their representatives may have or hereafter raise in respect of the separate properties of the said CD although such claim or claims do not in fact or reality exist;

Now this deed of release witnesses in the circumstances aforesaid and for good reasons and considerations the said AB for self and representing all other persons who are jointly living with him doeth hereby release and discharge unto the releasee and other members mentioned above as are joint with him absolutely and for ever, all the purported right, title, interest and claim which the said releasor may have had or has in or against the property or properties of the said CD or his joint family now in existence fully mentioned and described in Schedule A hereto or which may hereafter be acquired by the releasee or his family and this indenture further witnesseth that the said releasee for himself and as Karta of and representing all persons constituting his joint family mentioned above doeth hereby release and for ever discharge the said releasor and other persons as are joint with him as aforesaid from all right, title, interest, or claim which the said CD or the members of his joint family may have as against the releasor or against his representative or their property or properties now existing fully mentioned and described in Schedule B or which he or they may hereafter acquire.

It is also mutually agreed that the value of the property for the purpose of stamp duty is
Rs. ……………

Schedule A

Schedule B

In witness whereof the said AB and CD for themselves and as Kartas of their respective Joint Families have set and subscribed their respective hands and seals the day, month and year first above-written.

Signed, sealed and delivered by

AB for self and as Karta of Joint

Family in the presence of:

Signed, sealed and delivered by

CD for self and as Karta of Joint

Family in the presence of: