Release of Property from Charge for Maintenance under a Will

Release of Property from Charge for Maintenance under a Will

This deed of release made the ……………… day of ………… between AB wife of ……………… residing at ………… by caste …………… by occupation ………… etc. (hereinafter called the releasor) of the one part and CD son of …………… residing at …………… by caste ……… by occupation ………… (hereinafter called the releasee) of the other part.

Whereas one XY of ………… who died on the ………… day of ……… left a will dated …………… whereby and whereunder he appointed the said CD as the sole executor and bequeathed all his estate and effects thereof unto and to the use of the said CD subject to a payment of Rs. ………… per month to his daughter, viz., the said AB for her maintenance for the term of her natural life to be paid out of his estate which was charged for the purpose of such payment and whereas the said will was duly proved in the court of the ………… Judge and probate thereof was granted to the said CD on the ………… day of ………… and whereas the said CD has been regularly paying the said sum of Rs. ………… to the said AB monthly and every month And Whereas the said CD has agreed to sell the properties now representing the estate (or one property viz. premises No. ……… out of the estate) free from all encumbrances  and charges, trust, lien whatsoever including the charge for maintenance in favour of the said AB as aforesaid And Whereas at the request of the said CD the said AB has agreed to accept a lump sum of Rs. ………… being the amount equivalent to 12 years’ maintenance and give up her claim for future maintenance (or other properties being sufficient security for her maintenance the said AB has agreed to give up her claim as to future maintenance) as against this property now this indenture witness in the circumstances aforesaid and that in consideration of the said sum of Rs. …………… paid by the said CD to AB which the said AB doth hereby admit, acknowledge and confirm (or other properties being sufficient security for her maintenance) the said AB does hereby and hereunder release and discharge the said CD from all her claims as to future maintenance under and by virtue of the herein before recited will and also the properties (or property) fully mentioned and described in the schedule hereto and also from all actions, claims and demands whatsoever on account therefor.

The Schedule above referred to

In witness whereof the said Sm. AB has hereinto set and subscribed her hand and seal the day, month and year first above-written and that the said CD doth hereby accept the Release hereunder made as testified by his being a party hereto and executing these presents.

Signed, sealed and delivered

by Sm. AB in the presence of:

Signed, sealed and delivered

by CD as a token of acceptance

of Release in the presence of: