Settlement in Favour of Prospective Wife by Shiva.

Settlement in Favour of Prospective Wife

Settlement made this . . . . . . . day of . . . . . . . 20 . . . . . . ., between A.B., son of . . . . . . . of . . . . . . . (prospective husband) of the one part; and C.D., son of . . . . . . . of . . . . . . . and E.F., son of . . . . . . . of . . . . . . . (Trustees) of the other part;

WHEREAS a marriage is proposed to be shortly solemnised between the said A.B. and X.Y., daughter of . . . . . . . son of . . . . . ., of . . . . . . .;

AND WHEREAS upon the betrothal for the said prospective marriage it was agreed that the said A.B. should make such settlement in favour of the said X.Y. as is hereinafter mentioned:

NOW THIS INSTRUMENT WITNESSES that in pursuance of the said agreement he, the said A.B., does hereby transfer and assure to the said C.D. and E.F. all and singular the property and assets more particularly described in the Schedule hereto: Together with all rights, easements and appurtenances whatsoever thereto appertaining or belonging: To hold the same to the said C.D. and E.F. upon trust for the said X.Y. until the said marriage and upon and after the solemnization thereof upon trust and with and subject to the terms, powers and declarations hereinafter mentioned. And it is  hereby declared that the said C.D. and E.F. shall from and after the solemnization of the said marriage pay the said X.Y. an annuity of Rs. . . . . . . . (Rupees) per annum to be paid during the life of the said X.Y. by twelve equal monthly instalments on the first day of each month, if the said X.Y. shall then be living. Such annuity to be paid from the profits of and to be charged upon the premises hereby conveyed and granted. And it is hereby further declared that if and whenever any two instalments of the said annuity shall fall in arrears, whether the same shall have been legally demanded or not, it shall be lawful for the said X.Y. or her representatives to enter into and upon and to hold the said premises or any part thereof and to receive the rents and profits thereof until her claim for such arrears of annuity or for such parts thereof as shall accrue during her occupation of the said premises together with all her expenses occasioned by the non-payment thereof is fully satisfied. And it is hereby further declared that the said C.D, and E.F. shall pay surplus of the said profits to the said A.B., his heirs and assigns forever, and shall further hold, but subject and without prejudice to the trust, powers and declarations hereinbefore mentioned, the said premises in trust for the said A.B., his heirs, executors, administrators or assigns.

And it is hereby further declared that if both or either of the said C.D. and E.F. shall die before the execution of the said trust it shall be lawful for P.Q., son of . . . . . . ., of . . . . . . . to appoint by writings or writing any persons or person to be trustees  or trustee in place of the said C.D. and E.F. or one of them, as  the case may be, and upon such appointment the said trust estates and premises shall vest in the said trustees or trustee for the time being and every trustee so appointed shall act and assist in the execution of the trust hereby declared as fully and effectually as if he had been virtually appointed a trustee by the said A.B.: Provided always that the said power of appointment shall first be  exercised by the said A.B. if he shall so long live.

And the said A.B. does hereby for himself, his heirs, executors and administrators covenant with the said C.D. and E.F. that notwithstanding anything done by the said A.B. or knowingly suffered, he, the said A.B., has now power to transfer and assure all and singular the estates and premises hereby transferred and assured to the said C.D. and E.F. for the term hereinbefore mentioned; And that it shall be lawful for the said C.D. and E.F. and the trustees for the time being at all times during the said term quietly to enter into and upon and to hold and enjoy the said premises and to receive the rents and profits thereof without any interruption or disturbance by or from the said A.B., or any person deriving title from or under him.

The Schedule above referred to.

In witness whereof the parties hereto have hereunto set their hands the day and year first abovewritten.

Sd. A.B.

in the presence of . . . . . . . son of . . . . . . . of . . . . . . .

Sd. C.D.

in the presence of . . . . . . . son of . . . . . . . of . . . . . . .

Sd. E.F.

in the presence of . . . . . . . son of . . . . . . . of . . . . . . .

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