Sale by a Hindu Widow as Limited Owner for Legal Necessity

Sale by a Hindu Widow as Limited Owner for Legal Necessity

This deed of sale made on the ……. day of ……… 1999 between AB widow of XY of …………. (vendor) of the one part and CD son of …………. of (purchaser) of the other part.

Whereas the vendor is seized and possessed of and/or otherwise entitled to a limited estate in the properties fully mentioned in the schedule and has been in use and occupation thereof accordingly under and by virtue of the will left by XY of which the probate has been obtained from the Court of …………. And whereas the said grant is in full force and virtue and which right has been created in her favour of the first time only.

And whereas the said AB has no funds nor any other resources to meet her necessary expenses for her maintenance and livelihood as provided in the said will.

And whereas in the circumstances aforesaid and under legal necessities and justifying causes the said AB has agreed to sell unto the said CD at and for the sum of Rs. …… (in words, Rupees …………….) the premises hereinafter described absolutely out of which a sum of Rs. ………. shall be applied for satisfaction and discharge of the loan of Rs. ……….. already incurred from creditors namely, EF and GH, who are pressing for the same, there being no other funds to liquidate the same, the loans having been incurred for repairs of the dwelling house and maintenance and the balance to be held as provisions for her maintenance for the time being and whereas the said CD has after bona fide and independent enquiries as to the existence of the necessity for the sale is satisfied as to the existence and validity of the debts and of the said necessity and emergency of the party as to the immediate sale of the said property.

Now this deed of sale witnesseth that in the circumstances aforesaid and in consideration of the sum of Rs. ……… paid by the said CD to the said AB to be appropriated for the purposes hereinbefore indicated, the said AB doth hereby grant, convey, transfer, sell, assign and assure unto and to the use of the said CD the said property and every part thereof for the term of her natural life and the vendor covenants that the purchaser shall hereafter peaceably and quietly hold, possess and enjoy the said property without any claim or demand whatsoever from the vendor and the vendor shall keep the purchaser harmless and indemnified from or against all encumbrances, charges and equities whatsoever and the vendor further covenants that she at the request of and costs of the purchaser will execute and do all such lawful acts deeds and things for further and more perfectly conveying and assuring the said property in the manner and according to true intent and meaning of this deed.

The Schedule

In witness whereof the parties hereto have executed these presents on the day, month and year first above-written.

Signed, sealed and delivered                 by the vendor in Calcutta in the presence of:

Signed, sealed and delivered                 by the purchaser in Calcutta in the presence of:

Memo of Consideration

Received of and from the within-mentioned purchaser the sum of  Rs. ………. being the full consideration payable by the purchaser by Bank Draft No. 9 dated ……… for ………… Rs. ………… issued by X Bank Ltd. payable in Calcutta.

Witness                                                                                                  Received

Signature of vendor

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