CONVEYANCING, DRAFTING & DEEDS [Ch. 40 1004
FORMS FORMS FORMS FORMS FORMS
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Deed of Family Arrangement between the Widow and the Deed of Family Arrangement between the Widow and the Deed of Family Arrangement between the Widow and the Deed of Family Arrangement between the Widow and the Deed of Family Arrangement between the Widow and the
Son of a deceased Hindu claiming under two disputed Wills Son of a deceased Hindu claiming under two disputed Wills Son of a deceased Hindu claiming under two disputed Wills Son of a deceased Hindu claiming under two disputed Wills Son of a deceased Hindu claiming under two disputed Wills1
THIS DEED OF FAMILY ARRANGEMENT is made on this?………… day
of……………….. BETWEEN A.B., widow of X.Y., a deceased Hindu governed
by the Dayabhaga School of Hindu Law of the ONE PART AND C.D., son of
the said X.Y., both residing at…………….., of the OTHER PART.
WHEREAS the said X.Y. died on or about the ………. day of……………..
leaving behind his widow the said A.B. and his only son the said C.D. and
considerable property, movable and immovable, mentioned in the SCHED-
ULE ?A? hereunder written and hereinafter referred to as ?the said property?.
AND WHEREAS on and after the death of the said X.Y. his widow the said
A.B. has asserted her claim that the said X.Y. bequeathed by a will his house
to his wife the said A.B. for life and after her death to the son, the said C.D.
absolutely and forever.
AND WHEREAS the said C.D. has disputed and challenged the validity of
the said will conferring right to the widow on the basis of another will
whereunder the house was given by the deceased testator to the son the
said C.D. absolutely and forever.
AND WHEREAS the said A.B. and C.D. have, with a view to ensure family
peace and preservation of the said property from ruinous litigation, desired
to settle their said disputes and differences amicably on the terms and
conditions hereinafter mentioned.
NOW THIS DEED WITNESSES THAT for the purpose of effectuating the said
desire and in consideration of the premises, the said A.B. and C.D. do
hereby covenant and declare as follows:
1. The said A.B. hereby declares that C.D. ?s title to the said property is
hereby acknowledged and accepted by her and that C.D. shall hold the
property mentioned in the SCHEDULE ?A? hereto absolutely and forever
subject to the condition hereinafter stipulated.
2. In lieu of her acknowledgement and confirmation of the title of C.D.
upon the said property as aforesaid, A.B. shall have the right of residence
in the first floor of the house mentioned and described in the SCHEDULE
?A? hereto for her life and a monthly cash maintenance of Rs?????
which said sum shall be payable by the said C.D. punctually and regularly
to A.B.3. The right of residence hereby conferred upon A.B. is absolute and
irrevocable PROVIDED ALWAYS that on the death of the said A.B. the said
property (first floor) shall devolve on and vest in the said C.D. absolutely
and forever.
THE SCHEME ?A? ABOVE REFERRED TO:
IN WITNESS WHEREOF the parties hereto have executed these presents
on the day and year first above written.
SIGNED SEALED AND DELIVERED
By the PARTIES
In the presence of WITNESSES:
1.
2.
[Signatures of all parties]
1. Mahesh Chand Sharma v Raj Kumar (1996)8 SCC 128: AIR 1996 SC 869.
2 2 2 2 2
Memorandum of Family Arrangement to record settlement Memorandum of Family Arrangement to record settlement Memorandum of Family Arrangement to record settlement Memorandum of Family Arrangement to record settlement Memorandum of Family Arrangement to record settlement
of a past disputes amongst heirs of a deceased Hindu of a past disputes amongst heirs of a deceased Hindu of a past disputes amongst heirs of a deceased Hindu of a past disputes amongst heirs of a deceased Hindu of a past disputes amongst heirs of a deceased Hindu
regarding deceased?s estate regarding deceased?s estate regarding deceased?s estate regarding deceased?s estate regarding deceased?s estate1
THIS MEMORANDUM OF FAMILY ARRANGEMENT is made this??? day of
20…. BETWEEN A. B. wife of Late B.B ., C.D., wife of D.D. AND M.N., son
of Late P .N., all for the time being are residents of……………………………., and
hereinafter referred to respectively as the ?First, Second and Third Parties?.
WHEREAS one P .N., since deceased, who was governed by the Dayabhaga
School of Hindu Law, died intestate on the………………… leaving behind him
surviving his widow B.N. and his two daughters and the only son, being the
parties hereto abovenamed, as his heirs and legal representatives and
movable and immovable properties, inter alia, the property described in
Schedule ?A? hereto as part of his estate.
AND WHEREAS the said B.N. died intestate on the………………….. and
upon the death of the said P .N. and the said B.N., the parties hereto became
entitled to the said properties absolutely and in equal shares by right of
inheritance and succession.
AND WHEREAS the parties hereto of the First Part and the Second Part
are the sisters of the Party hereto of the Third Part and are well of in their
respective matrimonial homes and were not interested in claiming the
heirship to the said immovable properties, but were satisfied with their
Ch. 40] FAMILY ARRANGEMENT & FAMILY SETTLEMENT?FORMS 1005CONVEYANCING, DRAFTING & DEEDS [Ch. 40 1006
shares in the movable properties inherited from their deceased parents, the
said P.N. and B.N.
AND WHEREAS subsequent to the death of their mother, the said B.N.,
disputes and differences had arisen between the parties hereto and the
parties hereto of the First Part and the Second Part claimed their respective
right, title and interest in the said immovable properties.
AND WHEREAS on the intervention of senior members and well-wishers
of the family, and for the benefit of the family generally and for the purpose
of avoiding family dispute and litigation, the parties hereto had mutually
resolved their said disputes amicably, whereby the said A.B. and C.D., the
parties hereto of the First Part and Second Part, had disclaimed and
relinquished all their rights and claims over the said immovable properties
in favour of their brother the said M.N., the Party hereto of the Third Part
who had accepted the said arrangement and acted upon the same by taking
absolute possession of the said properties and/or dealing with the same
as an absolute owner thereof.
AND WHEREAS notwithstanding no formal deed of Compromise or Family
Arrangement was executed by the parties hereto, the said oral arrangement
or settlement had been accepted by the parties hereto as fair, final,
conclusive and binding on them and on their legal heirs and successors.
NOW BY THIS MEMORANDUM OF DECLARATION the parties place on record
and confirm the said oral Family Arrangement as final, conclusive and
binding on them and on their respective legal heirs and successors and that
the same is not liable to be re-opened under any circumstances and that
this MEMORANDUM OF DECLARATION being intended for the purpose of mere
record or information is not compulsorily registrable under section 17(1)(b)
of the Registration Act, 1908.
1
THE SCHEDULE ?A? ABOVE REFERRED TO:
[Description of Property]
IN WITNESS WHEREOF, etc.
[Signature of all the parties]
1. See. Kale v Dy. Director of Consolidation AIR 1976 SC 807 (FB).
3 3 3 3 3
Deed of Family Arrangement between the Heirs and the Deed of Family Arrangement between the Heirs and the Deed of Family Arrangement between the Heirs and the Deed of Family Arrangement between the Heirs and the Deed of Family Arrangement between the Heirs and the
Legatee of a deceased Testator of a Will Legatee of a deceased Testator of a Will Legatee of a deceased Testator of a Will Legatee of a deceased Testator of a Will Legatee of a deceased Testator of a Will
THIS DEED OF FAMILY ARRANGEMENT made on this……………….. day
of…………….. BETWEEN A.B. etc., AND C.D. etc., both sons of X.Y., sincedeceased, and residing at………………… (hereinafter referred to as ?the
Heirs?) of the ONE PART AND E.F. etc., son of P.Q., residing at………………
(hereinafter referred to as ?the LEGATEE?) of the OTHER PART.
WHEREAS by a Will dated…….. the said X.Y., deceased, had bequeathed
all his movable and immovable properties as fully mentioned and described
in SCHEDULE ?A? and SCHEDULE ?B? hereunder written, to the said
Legatee.
AND WHEREAS the Heirs who are the sons of X.Y. the deceased, have
challenged and disputed the said Will on several grounds including that the
deceased was not in a sound mental condition to make any valid
testamentary disposition of his properties and assets on the day of the said
Will, that the said deceased has left a codicil, the date of which is not with
certainty decipherable, substantially amending and altering the bequests
made under the said will, such that the legatee would not under the said
will read in conjunction with the said codicil get anything more than a mere
pittance of the bequests under the said will.
AND WHEREAS the parties hereto desire that the disputes and differences
between them should be resolved amicably between the parties so as to
avoid any litigation whatsoever.
NOW THIS DEED WITNESSES as follows:
1. In pursuance of the said agreement and in consideration of the
premises, the parties hereto agree that the legatee shall apply to the???
Court for grant of letters of administration with the will annexed of the estate
of the late X.Y., the deceased.
2. Without prejudice to their right to get their shares in the estate of the
deceased as hereinafter fixed and agreed to by the parties hereto, the heirs
shall give their letters of consent to the said legatee for obtaining the letters
of administration as aforesaid.
3. In consideration of the premises, the legatee shall immediately after
the letters of administration have been obtained grant, convey, transfer,
assure and assign unto the heirs each one-third of the said properties and
assets of the deceased and shall retain the remaining one-third for himself.
4. All expenses of and incidental to the grant of letters of administration
as also of transfer of the shares to the respective heirs shall come out of
the estate of the deceased.
5. It is expressly agreed by and between the parties hereto that the heirs
shall not claim any rights under the said codicil and the legatee shall not,
after obtaining the letters of administration with the will annexed, claim any
rights under the said will, save as hereinbefore provided.
SCHEDULE ?A? ABOVE REFERRED TO:
Ch. 40] FAMILY ARRANGEMENT & FAMILY SETTLEMENT?FORMS 1007CONVEYANCING, DRAFTING & DEEDS [Ch. 40 1008
SCHEDULE ?B? ABOVE REFERRED TO:
IN WITNESS WHEREOF the parties hereto have executed these presents
on the day and year first above written.
SIGNED SEALED AND DELIVERED
By the HEIRS at………………
In the presence of
SIGNED SEALED AND DELIVERED
By the LEGATEE at…………….
In the presence of:
4 4 4 4 4
Deed of Family Arrangement between alleged Heirs of Deed of Family Arrangement between alleged Heirs of Deed of Family Arrangement between alleged Heirs of Deed of Family Arrangement between alleged Heirs of Deed of Family Arrangement between alleged Heirs of
deceased Hindu Intestate governed by Dayabhaga Law deceased Hindu Intestate governed by Dayabhaga Law deceased Hindu Intestate governed by Dayabhaga Law deceased Hindu Intestate governed by Dayabhaga Law deceased Hindu Intestate governed by Dayabhaga Law
THIS DEED OF FAMILY ARRANGEMENT made on this???. day
of?????.. BETWEEN A.B. etc. of the FIRST PART AND C.D. etc. of the
SECOND PART AND E.F. etc. of the THIRD PART AND G.H. etc. of the FOURTH
PART AND J.K. etc. of the FIFTH PARTY.
WHEREAS :
1. P.Q. etc. a Hindu governed by Dayabhaga Law died intestate
at………….. on or about……………….. leaving the properties more fully and
particularly described in the SCHEDULE ?A? hereunder written and
hereinafter referred to as ?the said property?.
2. A.B. claims the whole of the estate of the said deceased claiming to
be the widow of the deceased and the only legal heir, but the other parties
hereto deny and dispute that she is the widow and maintain that she was
a concubine kept by the said P.Q. and not his legally married wife.
3. C.D. claims the whole of the estate of the said deceased claiming to
be an adopted son of the deceased, but the other parties hereto deny and
dispute that he was ever adopted and assert that an orphan as he was,
shelter was given to him in the house by the said P.Q. (deceased).
4. E.F. claims the whole of the estate of the said deceased claiming to
be the son of X, the predeceased brother of the deceased, but the other
parties hereto deny and dispute his claim and contend that he was not the
son of X, but the son of the previous husband of X?s wife.
5. G.H. claims the whole of the estate of the said deceased claiming to
be a collateral of the deceased.
6. J.K. claims the whole of the estate of the said deceased claiming to
be an illegitimate daughter of the deceased.7. The parties hereto have sought legal advice and have decided to
resolve their respective claims and disputes amicably with a view to save
the family from an avoidable litigation.
NOW THIS DEED WITNESSES and the parties hereto hereby agree as
follows:
1. The said A.B., C.D., E.F., G.H. and J.K. shall take respectively the
property fully mentioned and described in the SCHEDULE ?B?, SCHEDULE
?C?, SCHEDULE ?D?, SCHEDULE ?E? and SCHEDULE ?F? hereunder
written absolutely and agree, undertake and declare that none of them shall
have any right, title or interest in the property hereby allotted to the other
or others of them.
2. The said A.B. and J.K. agree upon legal advice that they are well and
fully informed of the meaning and effect of this Deed.
SCHEDULE ?A? ABOVE REFERRED TO:
SCHEDULE ?B? ABOVE REFERRED TO:
SCHEDULE ?C? ABOVE REFERRED TO:
SCHEDULE ?D? ABOVE REFERRED TO:
SCHEDULE ?E? ABOVE REFERRED TO:
SCHEDULE ?F? ABOVE REFERRED TO:
IN WITNESS WHEREOF the parties hereto have executed these presents
on the day and the year first above written.
SIGNED SEALED AND DELIVERY by Signature of A.B.
the PARTIES HERETO at???……
In the presence of: Signature of C.D.
Witnesses :
1. Signature of E.F.
2.
Signature of G.H.
Signature of J.K.
5 5 5 5 5
Deed of Family Arrangement between the Heirs of a Deed of Family Arrangement between the Heirs of a Deed of Family Arrangement between the Heirs of a Deed of Family Arrangement between the Heirs of a Deed of Family Arrangement between the Heirs of a
deceased intestate deceased intestate deceased intestate deceased intestate deceased intestate
THIS DEED OF FAMILY ARRANGEMENT is made on this??……….. day
of……………….. BETWEEN the heirs of the late A.B. who had died intestate
on……………… leaving behind the following heirs, namely-?
Ch. 40] FAMILY ARRANGEMENT & FAMILY SETTLEMENT?FORMS 1009
G : CDD (Vol. 3) ? 64CONVEYANCING, DRAFTING & DEEDS [Ch. 40 1010
(1) C.D. the widow of A.B.
(2) E.F. the first son of A.B.
(3) G.H. the second son of A.B.
(4) J.K. the first daughter of A.B. and wife of X.Y.
(5) L.M. the second daughter (unmarried) of A.B. and
(6) O.P. the widow of the third son (R.S. deceased) of A.B.
WHEREAS the said A.B. governed by the Dayabhaga School of Hindu
Law died intestate on the……………… day of……………… at……………… leaving
the properties more fully and particularly described in the SCHEDULE ?A?
hereunder written and hereinafter referred to as ?the said property?.
AND WHEREAS there are disputes and differences among the heirs of the
deceased as to the respective share of the heirs in the estate of the
deceased.
AND WHEREAS the said A.B. had incurred an expenditure of Rs………………
on account of higher education of E.F. when he was sent to the U.S.A. for
his degree of M.S. Engineering (Mechanical and Electrical), subject to the
condition that the said E.F. shall not obtain any share from the estate of the
said deceased.
AND WHEREAS the said A.B. had spent a sum of Rs……………… on the
occasion of the marriage of the said J.K., his first daughter and had
deposited a sum of Rs……………… in fixed deposit with the……………… Bank
in the name of the said L.M. his second daughter for her impending
marriage.
AND WHEREAS the said O.P., the daughter-in-law, is young and desirous
of remarriage, but has postponed such remarriage pending the divisions
of the properties of the said A.B.
AND WHEREAS the said heirs of the deceased earnestly desire that the
disputes and differences between them should be amicably resolved so that
the family may be spared from ruinous litigation and the honour, dignity and
fair name of the family may be maintained.
NOW THEREFORE THIS DEED WITNESSES and the parties hereto hereby
agree as follows:
The estate of the deceased shall by mutual consent be allotted to and
distributed amongst the heirs of the deceased in the manner hereinafter
appearing:
1. Each of the legal heirs will be entitled to 1/6th share and interest in
the estate of the deceased subject to the conditions attaching to each of
them as hereinafter stated.
2. In consideration of the allotment of 1/6th share in the said estate toE.F. who was originally excluded by the deceased from any claim over the
deceased?s estate for the reason stated hereinbefore, the said E.F. shall pay
an amount of Rs…………. per month towards maintenance of his mother,
the said C.D.
3. In consideration of the allotment of 1/6th share in the said estate to
J.K. the first daughter of the deceased who was given in marriage by
incurring substantial expenses and who is now well-off at her matrimonial
home, the said J.K. shall pay to G.H. the second son of the deceased an
amount of Rs…………… who is handicapped and cannot maintain his
livelihood.
4. 1/6th share in the said estate of the deceased is allotted to L.M. the
second daughter of the deceased upon the condition that she shall defray
her marriage expenses out of the income and/ or profits derived from her
property over and above the amount of Rs??……. kept in fixed deposit
in her name by the deceased for the purpose of her marriage.
5. 1/6th share in the said estate of the deceased is allotted to O.P.
the widow of R.S., deceased, the third son of A.B. upon the condition
that?
(a) in the event of her re-marriage her 1/6th share in the deceased?s
estate, which is a residential building, shall devolve on C.D.;
(b) in the event the said O.P. wants to sell or transfer her said property
before her re-marriage, any of the parties hereto may exercise the
right of pre-emption for such purchase at such price as may be
mutually agreed upon, and the property cannot be sold to a
stranger.
6. The parties at serial Nos. (1), (4), (5) and (6) have obtained advice
of their respective Attorneys and are well and fully informed of the meaning
and effect of this deed.
SCHEDULE ?A? ABOVE REFERRED TO:
IN WITNESS WHEREOF the parties hereto have executed these presents
on the day and year first above written.
SIGNED SEALED AND DELIVERED
By the PARTIES hereto
In the presence of
WITNESSES:
1.
2.
Ch. 40] FAMILY ARRANGEMENT & FAMILY SETTLEMENT?FORMS 1011CONVEYANCING, DRAFTING & DEEDS [Ch. 40 1012
6 6 6 6 6
Family Arrangement between Legal Heirs of a Deceased, Family Arrangement between Legal Heirs of a Deceased, Family Arrangement between Legal Heirs of a Deceased, Family Arrangement between Legal Heirs of a Deceased, Family Arrangement between Legal Heirs of a Deceased,
Intestate agreeing to divide properties to be enjoyed Intestate agreeing to divide properties to be enjoyed Intestate agreeing to divide properties to be enjoyed Intestate agreeing to divide properties to be enjoyed Intestate agreeing to divide properties to be enjoyed
in specie?some in specie?some in specie?some in specie?some in specie?some in absolute Ownership and others in absolute Ownership and others in absolute Ownership and others in absolute Ownership and others in absolute Ownership and others
in Joint Ownership in Joint Ownership in Joint Ownership in Joint Ownership in Joint Ownership
THIS AGREEMENT is made, the…………. day of…………….. BETWEEN (first
daughter) of (address, etc.) of the One Part and (names and address, etc.,
of son and other daughter) of the Other Part.
WHEREAS:
(1) (Intestate) late of (address, etc.) (hereinafter called the intestate) died
intestate on the…………… day of………… a widow and leaving her surviving
one son and two daughters namely the parties hereto and leaving no other
person entitled in distribution on her intestacy.
(2) At the date of her death the intestate was the estate owner in respect
of the property hereinafter described free from incumbrances.
(3) Letters of administration to the estate of the intestate were on
the…………. day of………………… granted to the (first daughter) out of
the…………….. Court at……………..
(4) The said (first daughter) as administratrix has out of property of the
intestate other than the said freehold property duly paid and discharged
the funeral and testamentary expenses of the intestate and all her debts
which have come to the knowledge of the administratrix and all the duties
and taxes arising on her death and payable out of her estate.
(5) The parties hereto are desirous that the said (first daughter) should
have absolute ownership of the property as described in the Schedule ?A?
hereto being part of the said freehold property and that the said (son and
other daughter) should hold the property as described in the Schedule ?B?
hereto as trustees in manner hereinafter appearing.
IT IS HEREBY AGREED :
1. The said (first daughter) shall enjoy in specie the property as described
in the Schedule ?A? hereto being situate at and known as (parcels).
2. The property as described in the Schedule ?B? hereto situate at………
and known as (parcels) shall be vested in the said (son and other daughter)
in trust for themselves as tenants-in-common in equal shares (or beneficial
joint tenants).
3. The Parties hereto hereby agree to execute all and any assent
conveyance or deed necessary to carry into effect this agreement.
THE SCHEDULE ?A? ABOVE REFERRED TO:THE SCHEDULE ?B? ABOVE REFERRED TO :
AS WITNESS etc….
[Signatures of parties]
7 7 7 7 7
Family Arrangement between Father and Daughter giving Family Arrangement between Father and Daughter giving Family Arrangement between Father and Daughter giving Family Arrangement between Father and Daughter giving Family Arrangement between Father and Daughter giving
present right under a Marriage Settlement which was present right under a Marriage Settlement which was present right under a Marriage Settlement which was present right under a Marriage Settlement which was present right under a Marriage Settlement which was
to take effect after Father?s death to take effect after Father?s death to take effect after Father?s death to take effect after Father?s death to take effect after Father?s death
THIS DEED OF FAMILY ARRANGEMENT is made the…………… day of………..
in the year 20……, BETWEEN (1) A B aged…………. years, son of……………
resident of……………..(2) C D, aged………….. years, daughter of the said A
B, and (3) E F, aged………… years, son of………………. and husband of the
said C D, the latter two residing together at………
WHEREAS A B is the father and his wife B C, is the stepmother of the
said C D;
AND WHEREAS A B has a residential country house in the village at………
and a city house in………..,
AND WHEREAS the said A B with his wife has been residing in the said
country house while the city house at………… is let out and occupied by a
tenant paying a monthly rent of Rs………… to the said A B ;
AND WHEREAS A B made a marriage settlement, dated……….., and
registered at the…………. sub-registry as No…………, Book………….., Vol………,
at Pages……… on……….., 20……, whereby the said city house shall vest
absolutely in C D on the death of A B;
AND WHEREAS C D has been residing with her husband in a hired
premises at………… which is inadequate for their requirement and has
problems of Water and Sanitation.
NOW THEREFORE THIS ARRANGEMENT IS Made and binds the parties and
the heirs, representatives and administrators of C D and EF as under:
1. That the said city house at……… belonging to A B numbered………
on……. street as fully described in the Schedule hereunder written shall
from the date hereof, or as soon as may be, occupied free of rent but subject
to the payment from the date of occupation of all taxes, ceases and rate
together with costs of maintenance, by the said C D and her husband and
children.
2. That the said C D and E F jointly and severally are hereby authorised
and empowered to take in their own behalf or on behalf of the said A B all
Ch. 40] FAMILY ARRANGEMENT & FAMILY SETTLEMENT?FORMS 1013CONVEYANCING, DRAFTING & DEEDS [Ch. 40 1014
and such legal or other proceedings as may be necessary for the ejectment
of the present tenant at their cost and thereafter to have and to hold the
said city house at……. for their own residential or office or both purposes.
3. That in consideration of the said arrangement the said C D and her
husband, the said E F, shall pay a life annuity to B C at the rate of Rs………
per month commencing from the death of A B in the event of A B
predeceasing his wife, the said B C.
IN WITNESS WHEREOF the said A B, the said C D and the said E F have
hereunto signed at………… the day and the year first above-written.
SIGNED AND DELIVERED AT… ……………
In the presence of:
WITNESSES:
1.
2.
[Signatures of all the parties]
8 8 8 8 8
Deed of Family Arrangement between Beneficiaries of a Deed of Family Arrangement between Beneficiaries of a Deed of Family Arrangement between Beneficiaries of a Deed of Family Arrangement between Beneficiaries of a Deed of Family Arrangement between Beneficiaries of a
Will varying reversion of Share on future death of Will varying reversion of Share on future death of Will varying reversion of Share on future death of Will varying reversion of Share on future death of Will varying reversion of Share on future death of
one of the one of the one of the one of the one of the Beneficiaries Beneficiaries Beneficiaries Beneficiaries Beneficiaries
THIS DEED OF FAMILY ARRANGEMENT is made the…………. day of………….
BETWEEN (eldest son of testator) of (address, etc.) (hereinafter called A B)
of the First Part (another son) of (address, etc.) (hereinafter called C D) of
the Second Part (younger daughter) of (address, etc.) (hereinafter called
E F) of the Third Part (names and addresses, etc. of her children)
(hereinafter together called the grandchildren) of the Fourth Part and the
(names and addresses, etc. of surviving trustees) (hereinafter together
called the trustees) of the Fifth Part.
WHEREAS :
(1) (Testator) of (address, etc.) (hereinafter called the testator) by his will
(hereinafter called the will) dated the…………. day of…………… after appoint-
ing the trustees and (third executor) (since deceased) executors of the will
gave and bequeathed to the trustees and the said (third executor) the sum
of Rs……… (hereinafter called ?LOT-A?) upon trust to permit the testator?s
daughter X Y to enjoy the annual income thereof for her life and after her
death to stand possessed of ?LOT-A? upon certain trusts in favour of her issue
as therein mentioned.(2) The testator also gave and bequeathed the sum of Rs………..
(hereinafter called the ?LOT-B?) to the trustees and the said (third executor)
upon the like trust in favour of the testator?s daughter E F then (maiden
name) spinster for her life and after her death upon trust to stand possessed
of the ?LOT-B? in trust for all or anyone or more of the issue of E F including
grandchildren and more remote issue born in her lifetime for such interests
in such proportions if more than one and in such manner in all respects
as E F should by deed or will appoint and in default of and subject to such
appointment in trust for the child if only one or all the children if more than
one of E F who either before or after the determination of the previous trusts
should attain the age of eighteen years or being a daughter or daughters
should marry under that Age and if more than one equally.
(3) The testator directed that upon failure of the trusts of either ?LOT-A?
or the ?LOT-B? the portion the trusts whereof should so fail with all accretions
thereto should be equally divided between such of the said A B, C D, X Y
and E F as might be living at the date of such failure but as to so much of
such portion and accretions as should go to X Y or E F subject nevertheless
to the trusts and powers thereinbefore declared of referred to concerning
?LOT-A? or the ?LOT-B? or accretions thereto respectively as the case might
be.
(4) The testator died on the………… day of………… without having revoked
or altered the will except by two codicils which did not affect the will so far
as hereinbefore recited and the will and the said codicils were proved
in……… Court on the………….. day of…………… by all the said executors.
(5) E F has been married on the……………. day of…………. to (husband)
who died on the……………. day of………
(6) There were two children only of the said marriage namely the
grandchildren who attained the age of eighteen years the said (grandchild)
on the……….. day of………….. and the said (the other grandchild) on
the………… day of……….. and there is no probability of E F having any further
children.
(7) X Y is still a spinster and of the age of…………. years or thereabouts.
(8) A.B., C.D., E.F. and the grandchildren as the persons presumptively
entitled to ?LOT-A? in the event of the death of X.Y. without issue are desirous
so far as they lawfully can of varying the trusts by the will declared
concerning ?LOT-A? in manner herein appearing.
(9) E.F. desires to make an irrevocable appointment in respect of the
?LOT-B? and in respect of any part of ?LOT-A? which may accrue thereto.
NOW THIS DEED WITNESSETH that in pursuance of the said desire and
in consideration of the premises it is hereby agreed and declared that in
case anyone of them A.B., C.D. and E.F. shall survive X.Y. and in case any
Ch. 40] FAMILY ARRANGEMENT & FAMILY SETTLEMENT?FORMS 1015CONVEYANCING, DRAFTING & DEEDS [Ch. 40 1016
of them shall die during the lifetime of X.Y. then and in every such case the
trustees or other the trustees or trustees for the time being of the will shall
stand possessed of the share in ?LOT-A? to which the one of them so dying
(or in the case of E.F. she and the grandchildren) would have become
entitled if he or she or they had survived X.Y. upon trust for the one so dying
his or her personal representatives and assigns in the same manner in all
respects as if he or she had survived X.Y. and died immediately afterwards
but so that any share to which E.F. (or she and the grandchildren) shall
become entitled under or by virtue of this deed shall be held upon trust for
the grandchildren absolutely and E.F. hereby irrevocably appoints the ?LOT-
B? and any part of ?LOT-A? which may accrue thereto in favour of the
grandchildren as tenants-in-common in equal shares absolutely.
?LOT-A? ABOVE REFERRED TO :
?LOT-B? ABOVE REFERRED TO :
IN WITNESS etc.
[Signatures of all parties]
9 9 9 9 9
Deed of Family Arrangement whereby the Widow accepts Deed of Family Arrangement whereby the Widow accepts Deed of Family Arrangement whereby the Widow accepts Deed of Family Arrangement whereby the Widow accepts Deed of Family Arrangement whereby the Widow accepts
an annuity in lieu of Her Rights under the Hindu an annuity in lieu of Her Rights under the Hindu an annuity in lieu of Her Rights under the Hindu an annuity in lieu of Her Rights under the Hindu an annuity in lieu of Her Rights under the Hindu
Adoptions and Maintenance Act, 1956 Adoptions and Maintenance Act, 1956 Adoptions and Maintenance Act, 1956 Adoptions and Maintenance Act, 1956 Adoptions and Maintenance Act, 1956
THIS DEED OF ARRANGEMENT is made the…………….. day of………….
BETWEEN (Widow) of (address, etc.) (hereinafter called the widow) of the
First Part (first residuary legatee) of (address etc.) of the Second Part
(second residuary legatee) of (address, etc.) of the Third Part and (names
and addresses, etc., of trustees) (hereinafter called the trustees) of the
Fourth Part.
WHEREAS:
(1) Testator late of (address, etc.) (hereinafter called the testator) by his
will dated the…………… day of………….. appointed the trustees to be
executors and trustees thereof and after making certain specific and
pecuniary bequests devised and bequeathed all his movable and immov-
able properties not thereby otherwise disposed of unto the trustees upon
trust for sale and conversion as therein mentioned and upon trust out of
the net proceeds thereof to pay his debts funeral and testamentary
expenses and the pecuniary legacies thereby bequeathed and to hold the
residue of such net proceeds in trust for the said (first residuary legatee)
for life with remainder to the said (second residuary legatee) absolutely.(2) The testator died on the……….. day of………………… leaving the widow
him surviving but no other dependants within the meaning of the Hindu
Succession Act, 1956 (as amended) and his said will was proved on
the………… day of………… in the…………… court at…………
(3) The testator made no provision for the widow in his will but in
consideration of the (monthly) sum hereinafter mentioned the window has
agreed to enter into the covenant hereinafter contained.
NOW THIS DEED WITNESSETH and it is hereby mutually agreed and
declared as follows:
1. The trustees shall hold the net proceeds of the residuary estate of the
testator after payment of the debts funeral and testamentary expenses and
pecuniary legacies upon trust to pay to the widow the (monthly) sum of
Rs…….. out of the income thereof during her life or until she shall remarry
the first payment to be made on the first day of…………….. next and
subsequent payments to be made on the first day of every month such sum
to be a continuing charge on the income of the residuary estate but not upon
the capital thereof.
2. The trustees may at any time with the written consent of the widow
and the reversioners appropriate investments forming part of the residuary
estate sufficient at the date of appropriation to produce by the income
thereof the said monthly sums and as from the date of such appropriation
the said monthly sums shall be wholly charged on the investments so
appropriated in exoneration of the residuary estate and the widow shall
have no claim and no right to resort to the balance of the residuary estate
and if the said appropriated investments shall at any time prove insufficient
by the income thereof for payment in full of the said monthly sums resort
may be had to the capital thereof from time to time to make good such
deficiency and the surplus income (if any) of the appropriated fund shall
be applicable as income of the residuary estate.
3. In all other respects the trustees shall hold the residuary estate of the
testator and the net proceeds thereof on the trusts declared by his said will.
4. In consideration of the provisions for payment of the said (monthly)
sum the widow hereby covenants with the said (first residuary legatee) and
the said (second residuary legatee) that she will not make any application
to the court under the Hindu Adoptions and Maintenance Act, 1956 or under
any statutory modification or re-enactment of the said enactment for the
provision of maintenance out of the net estate of the testator and hereby
authorises the trustees to pay the said pecuniary legacies in priority to the
said (monthly) sum.
IN WITNESS WHEREOF etc.
[Signatures of all parties]
Ch. 40] FAMILY ARRANGEMENT & FAMILY SETTLEMENT?FORMS 1017CONVEYANCING, DRAFTING & DEEDS [Ch. 40 1018
10 10 10 10 10
Deed of Family Arrangement between Trustees/Executors Deed of Family Arrangement between Trustees/Executors Deed of Family Arrangement between Trustees/Executors Deed of Family Arrangement between Trustees/Executors Deed of Family Arrangement between Trustees/Executors
and Beneficiaries of an Ambiguous Will subject to the and Beneficiaries of an Ambiguous Will subject to the and Beneficiaries of an Ambiguous Will subject to the and Beneficiaries of an Ambiguous Will subject to the and Beneficiaries of an Ambiguous Will subject to the
Sanction of Court Sanction of Court Sanction of Court Sanction of Court Sanction of Court
THIS DEED OF ARRANGEMENT is made the………… day of…………….
BETWEEN (widow) of (address, etc.) of the FIRST PART (names and
addresses, etc. of adult children) (hereinafter together called the adult
children) of the SECOND PART (names and addresses, etc. of minor children)
(hereinafter together called the minors) of the THIRD PART and (names and
addresses, etc. of trustees) (hereinafter together called the trustees) of the
FOURTH PART.
WHEREAS:
(1) (Testator) late of (address, etc.) (hereinafter called the testator) by
his will (hereinafter called the will) dated the…………. day of………………
appointed the trustees to be the executors and trustees thereof and after
directing payment of his funeral and testamentary expenses and debts and
all other sums payable by the trustees out of the testator?s estate proceeded
to make a disposition in the words and figures following:
(Set out the material parts of the will, including the ambiguous passages,
verbatim in inverted commas)
(2) The Testator died on the………… day of…………… and the will was
proved by the trustees on the…………… day of……………. in the…………….
Court at………..
(3) The Testator left him surviving his widow the said (widow) and (four)
children and no more namely the adult children all of whom have attained
the age of eighteen years and the minors all of whom are still under that
age and left no issue of a deceased child him surviving.
(4) The funeral and testamentary expenses and debts of the testator and
the legacies bequeathed by the will are still outstanding.
(5) Doubts have arisen as to the construction of the will and it is alleged
that (set out the claims put forward, e.g., that a gift is void, or that debts
payable in future are to be paid by means of such capital of the estate as
with interest thereon from the testator?s death down to date of payment
suffices to satisfy such-debts).
(6) The trustees have instituted proceedings by originating summons
dated the……………… day of…………… the short title and reference to the
record of which are………….. and to which the parties hereto of the first three
parts are defendants for the determination of the following questions (set
out the questions on the summons).(7) With a view to removing all such doubts and determining all such
questions and all other questions (if any) as to the construction of the will
the parties hereto have agreed (subject to the sanction of the court being
obtained on behalf of the minors) that the real and personal estate of the
testator shall be dealt with in manner hereinafter appearing.
NOW THIS DEED WITNESSETH that in pursuance of the said agreement
and by way of family arrangement and in consideration of the premises it
is hereby declared as follows:
1. Subject to the sanction of the High Court of………….. this deed shall
bind all the parties hereto including the minors and their and each of their
personal representatives and shall take effect in substitution for and
variation of the will if and so far as this deed and the will are mutually
inconsistent.
2. Set out the provisions to be substituted for those in dispute, e.g., if
it is intended to make debts into a deductible fund. The funeral and
testamentary expenses and debts of the testator shall be aggregated and
deemed to form a fund deductible from the capital of his estate at his death
and such fund shall be held upon trust from time to time to pay such
expenses and debts as the same respectively become due and payable
and in the meantime and until payment of such expenses and debts
respectively upon trust to pay and apply the income of such deductible fund
to the persons and in the manner to whom and in which the income of the
testator?s estate is by the combined operation of the will and of this deed
for the time being payable or applicable.
IN WITNESS WHEREOF etc.
[Signatures of all parties except the minors]
11 11 11 11 11
Deed of Family Arrangement admitting Illegitimate Children Deed of Family Arrangement admitting Illegitimate Children Deed of Family Arrangement admitting Illegitimate Children Deed of Family Arrangement admitting Illegitimate Children Deed of Family Arrangement admitting Illegitimate Children
to share in the residuary estate of a Testator equally with to share in the residuary estate of a Testator equally with to share in the residuary estate of a Testator equally with to share in the residuary estate of a Testator equally with to share in the residuary estate of a Testator equally with
Legitimate Children so as to aviod future dispute Legitimate Children so as to aviod future dispute Legitimate Children so as to aviod future dispute Legitimate Children so as to aviod future dispute Legitimate Children so as to aviod future dispute
THIS DEED OF FAMILY ARRANGEMENT is made the…………. day of………….
BETWEEN [names and addresses, etc., of legitimate children] [hereinafter
called the younger children) of the First Part [names and addresses, etc.
of illegitimate children] (hereinafter called the elder children) of the Second
Part and [names and addresses, etc., of trustees] (hereinafter called the
trustees) of the Third Part.
WHEREAS:
(1) [Testator] late of [address, etc.] (hereinafter called the testator) by
Ch. 40] FAMILY ARRANGEMENT & FAMILY SETTLEMENT?FORMS 1019CONVEYANCING, DRAFTING & DEEDS [Ch. 40 1020
his will dated the…………. day of…………. after appointing the trustees
executors and trustees thereof and after giving pecuniary and specific
legacies devised and bequeathed all the residue of his property of
whatsoever kind unto the trustees upon trust for sale and investment as
therein mentioned and after directing the payment of his funeral and
testamentary expenses debts legacies and duties gave his residuary estate
unto his children in equal shares.
(2) The testator died on the………… day of…………….. and his said will was
proved on the……………. day of…………. by the trustees in the………. Court
at………
(3) The trustees have duly paid all funeral and testamentary expenses
of the testator and the legacies given by his said will and all duties payable
out of his estate and all debts which have come to their knowledge.
(4) The property now constituting the residuary estate of the testator is
set out in the four parts of the schedule hereto save that the sum of Rs………
has been retained by the trustees to meet the costs and expenses of the
negotiation preparation execution and stamping of this deed.
(5) The two elder children are children of the testator by a woman he
never married but since his marriage to his wife [name of wife] they have
lived with the testator and have been treated as his children together with
the two younger children who are all the children of the testator by his said
[wife].
(6) Each of the elder and younger children holds his or her original
interest under the testator?s said will for his or her own absolute use and
benefit free from incumbrances and subsidiary trusts.
(7) It is apprehended that there may be doubts whether the elder children
are entitled to share in the residuary gift contained in the said will and since
the elder and younger children have always lived together as one family
and have regarded themselves as brothers and sisters it has been agreed
for the removal of such doubts to enter into this agreement by way of family
arrangement and for the purposes of the distribution of the estate.
NOW THIS DEED WITNESSETH as follows:
1. In consideration of the premises and by way of family arrangement
the elder and younger children have agreed that the testator?s said will shall
be construed so that the word ?children? in the residuary gift therein
contained shall mean both the elder and younger children and that the said
residuary estate shall be held in trust for all four children in equal shares.
2. The elder and younger children further agree that in the four parts of
the schedule hereto the whole of the said residuary estate is included and
is divided into four equal parts and that the property set out in each such
part shall be transferred to and vested in the child whose name is stated
in the heading thereto.3. The elder and younger children hereby agree that the said sum of
Rs…….. has been properly retained and applied by the trustees in respect
of the costs of the negotiation preparation execution and stamping of this
deed.
4. Each of the elder and younger children hereby releases the trustees
and each of them from all actions proceedings costs accounts claims and
expenses in respect of the residuary estate of the testator and in respect
of the trusts of the said will and in respect of any act matter or thing made
done or executed or omitted or neglected by the trustees in relation thereto
and hereby covenants to indemnify the trustees and each of them against
all actions proceedings costs accounts claims and expenses in any way
relating to the trusts of the testator?s said will or the administration thereof.
SCHEDULE
The residuary estate of the above-named testator
PART I
The share of……………..
[List of investments appropriated]
PART II
The share of………………….
[List of investments appropriated]
PART III
The share of……………..
[List of investments appropriated]
PART IV
The share of……………..
[List of investments appropriated]
IN WITNESSES etc.
[Signatures of all parties]
12 12 12 12 12
Deed of Family Arrangement between Son and Daughters Deed of Family Arrangement between Son and Daughters Deed of Family Arrangement between Son and Daughters Deed of Family Arrangement between Son and Daughters Deed of Family Arrangement between Son and Daughters
being beneficiaries in Equal Shares under a Will?Son being beneficiaries in Equal Shares under a Will?Son being beneficiaries in Equal Shares under a Will?Son being beneficiaries in Equal Shares under a Will?Son being beneficiaries in Equal Shares under a Will?Son
taking Immovable Property by paying Equality Money taking Immovable Property by paying Equality Money taking Immovable Property by paying Equality Money taking Immovable Property by paying Equality Money taking Immovable Property by paying Equality Money
while Daughters taking while Daughters taking while Daughters taking while Daughters taking while Daughters taking the Investments the Investments the Investments the Investments the Investments
THIS DEED OF FAMILY ARRANGEMENT is made the……………. day of………….
Ch. 40] FAMILY ARRANGEMENT & FAMILY SETTLEMENT?FORMS 1021CONVEYANCING, DRAFTING & DEEDS [Ch. 40 1022
BETWEEN [son] of [address, etc.] of the First Part [first daughter] of [address,
etc.] of the Second Part [second daughter] of [address, etc.] of the Third
Part and [names and addresses, etc. of trustees] (hereinafter called the
trustees) of the Fourth Part.
WHEREAS:
(1) By his will dated the……………. day of……………….. [testator] late of
[address, etc.] (hereinafter called the testator) appointed the trustees to be
executors and trustees thereof and gave all his movable and immovable
properties unto his children the said [son and daughters] in equal shares.
(2) The testator died on the……………. day of………….. and the trustees
on the ……………. day of………….. proved his said will in the………….. Court
at……….
(3) The trustees have out of the estate of the testator paid his funeral
and testamentary expenses and all his debts which have come to their
knowledge before and after an advertisement published on the………… day
of……………
(4) The estate of the testator now in the hands of the trustees consists
of the freehold property described in the first schedule hereto and the
investments short particulars whereof are contained in the second and third
schedules hereto respectively.
(5) The value of the said freehold property exceeds the aggregate value
of the investments specified in the second and third schedules hereto
(which are of equal value) by the sum of Rs…………
(6) The parties hereto of the first three parts are desirous that the said
[son] shall receive the said freehold. property and that the said [first
daughter] shall receive the investments specified in the second schedule
hereto and that the said [second daughter] shall receive the investments
specified in the third schedule hereto in each case for his or her own
absolute use and benefit.
(7) Each of the said parties hereto of the first three parts holds his or
her original interest under the said will for his or her absolute use and benefit
free from incumbrances and subsidiary trusts.
NOW THIS DEED WITNESSETH as follows:
1. The said [son] shall pay to each of the said [first daughter] and the
said [second daughter] the sum of Rs………
2. Upon the making of such payment as aforesaid the trustees shall
assent to the vesting of the said freehold property in the said [son]
absolutely and free from all encumbrances.
3. The trustees shall transfer the investments specified in the second
schedule hereto to the said [first daughter] and shall transfer the invest-ments specified in the third schedule hereto to the said [second daughter]
in each case for her own absolute use and benefit.
4. Each of the parties hereto of the first three parts shall release and
indemnify the trustees from and against all actions proceedings claims and
demands in respect of the assent and transfers hereinbefore agreed to be
made.
FIRST SCHEDULE
[Description of freehold property]
SECOND SCHEDULE
[Particulars of investments to be transferred to first daughter]
THIRD SCHEDULE
[Particulars of investments to be transferred to second daughter]
IN WITNESS WHEREOF etc.
[Signatures of all parties]
13 13 13 13 13
Deed of Family Arrangement and release by Brother and Deed of Family Arrangement and release by Brother and Deed of Family Arrangement and release by Brother and Deed of Family Arrangement and release by Brother and Deed of Family Arrangement and release by Brother and
Sister of their shares in Freehold Property to Another Sister of their shares in Freehold Property to Another Sister of their shares in Freehold Property to Another Sister of their shares in Freehold Property to Another Sister of their shares in Freehold Property to Another
Brother who is appointed trustee for sale of the Brother who is appointed trustee for sale of the Brother who is appointed trustee for sale of the Brother who is appointed trustee for sale of the Brother who is appointed trustee for sale of the
property under his Father?s will the Mother having property under his Father?s will the Mother having property under his Father?s will the Mother having property under his Father?s will the Mother having property under his Father?s will the Mother having
life interest, since deceased life interest, since deceased life interest, since deceased life interest, since deceased life interest, since deceased
THIS DEED OF FAMILY ARRANGEMENT AND RELEASE is made the………….
day of………….. BETWEEN [brother] of [address, etc.] (hereinafter called the
brother) and [sister] of [address, etc.] (hereinafter called the sister) of the
One Part and [trustee] of [address, etc.] (hereinafter called the trustee) of
the Other Part.
WHEREAS:
(1) By his will dated the………… day of……………. [testator] late of
[address] (hereinafter called the testator) appointed his wife [name]
(hereinafter called the widow) and the trustee to be executors and trustees
of his will and devised his freehold dwelling-house fully described in the
Schedule hereunder written and hereinafter referred to as ?the Said
dwelling-house? to his trustees upon trust for sale with power to postpone
the sale and in trust to pay the income therefrom to the widow for life and
upon her decease to hold the capital monies for his three children the parties
hereto absolutely in equal shares as tenants-in-common.
Ch. 40] FAMILY ARRANGEMENT & FAMILY SETTLEMENT?FORMS 1023CONVEYANCING, DRAFTING & DEEDS [Ch. 40 1024
(2) The testator died on the…………… day of……………. and the widow and
trustee proved the said will on the………….. day of……….. in the Court at………
and assented to the said property vesting in themselves upon the trust for
sale in the said will contained.
(3) The widow died on the……………. day of……………
(4) The said dwelling-house has been valued by a duly qualified valuer
at Rs…………. and the aggregate value of the respective interests therein
of the brother and sister is two-thirds of Rs…………. namely Rs………
(5) The said dwelling-house has not hitherto been sold under the said
trust for sale and the parties hereto being all those beneficially entitled
thereto under the said will and each holding his or her original interest
therein under the said will free from encumbrances and subsidiary trusts
have agreed between themselves that the said dwelling-house shall not be
sold but shall be vested in absolute possession free from incumbrances
in the trustee upon the payment by the trustee of the said sum Rs………..
to the other parties hereto in the manner hereinafter appearing.
NOW THIS DEED WITNESSETH as follows:
1. In pursuance of the said agreement and in consideration of the sum
of Rs………. now paid by the trustee as to Rs…………. to the brother and as
to Rs…………. to the sister (as the brother and sister do hereby respectively
acknowledge) the brother and sister as beneficial owners hereby convey
assign and release unto the trustee all their respective estates rights title
and interest in [parcels] and the proceeds of sale thereof to the intent that
the trustee shall henceforth hold the same as an absolute owner in
possession freed from the trusts of the said will and from all right title or
interest of the brother and sister therein.
2. The brother and sister and each of them hereby release the trustee
from all claims actions proceedings costs and expenses arising out of the
trusts of the said will and] the trustee hereby covenants with the brother
and sister and each of them that he will henceforth pay and discharge all
claims charges outgoings expenses and costs in respect of the said
dwelling-house and will keep the brother and sister indemnified against all
such claims charges outgoings expenses and costs aforesaid.
THE SCHEDULE ABOVE REFERRED TO :
[Description of the immovable property]
IN WITNESS WHEREOF etc.
[Signatures of all parties]14 14 14 14 14
Deed of Family Arrangement between Beneficiaries under a Deed of Family Arrangement between Beneficiaries under a Deed of Family Arrangement between Beneficiaries under a Deed of Family Arrangement between Beneficiaries under a Deed of Family Arrangement between Beneficiaries under a
Will to divide Immovable Properties; some to be enjoyed in Will to divide Immovable Properties; some to be enjoyed in Will to divide Immovable Properties; some to be enjoyed in Will to divide Immovable Properties; some to be enjoyed in Will to divide Immovable Properties; some to be enjoyed in
Absolute Ownership and others upon joint trust for Absolute Ownership and others upon joint trust for Absolute Ownership and others upon joint trust for Absolute Ownership and others upon joint trust for Absolute Ownership and others upon joint trust for
themselves as Tenants-in-Common themselves as Tenants-in-Common themselves as Tenants-in-Common themselves as Tenants-in-Common themselves as Tenants-in-Common
THIS AGREEMENT is made the…………… day of…………… BETWEEN [son]
of [address, etc.] of the One Part and [daughter] of [address, etc.] of the
Other Part.
WHEREAS:
(1) By her will dated the…………. day of…………. [testatrix] late of [address]
(hereinafter called the testatrix) gave all her estate and effects unto her son
and daughter the parties hereto in equal shares and appointed her said son
and daughter executor and executrix of her said will.
(2) The testatrix died on the…………. day of…………… and the parties
hereto as such executor and executrix as aforesaid on the…………. day
of………… proved the said will in the………….. Court at………… and have paid
all debts and duties due from the estate of the testatrix which have come
to their notice.
(3) The testatrix was the owner in possession free from incumbrances
the house properties fully described in the Schedule hereunder written and
hereinafter referred to as ?the said houses?.
(4) The parties hereto are desirous of enjoying [four of the said houses]
in specie that is to say the said [son] desires to have absolute ownership
of [two of the said houses being described against serial nos. 1 and 2 of
the schedule hereto] which are taken at the value of Rs……….. and the said
[daughter] absolute ownership of another [two of the said houses being
described against serial nos. 3 & 4 of the said schedule] which are taken
at the value of Rs………, and that the remaining [house against serial no.
5 hereto] should be held by them upon trust for themselves as tenants-in-
common in manner hereinafter appearing.
(5) The said [son and daughter] respectively holds his or her original
interest under the said will for his or her own absolute use and benefit free
from encumbrances and subsidiary trusts.
NOW IT IS HEREBY AGREED :
1. The said [son] shall enjoy in specie the [two houses] situated at………
and known as [parcels], as fully described against serial nos. 1 and 2 of
the schedule hereunder written.
2. The said [daughter) shall enjoy in specie the [two houses] situate
at…….. and known as [parcels], as fully described against serial nos. 3 and
4 of the schedule hereunder written.
Ch. 40] FAMILY ARRANGEMENT & FAMILY SETTLEMENT?FORMS 1025
G : CDD (Vol. 3) ? 65CONVEYANCING, DRAFTING & DEEDS [Ch. 40 1026
3. The said [son and daughter] shall declare themselves trustees of the
[house] situate at…………. and known as [parcels] as described against
serial no. 5 of the said schedule in trust for themselves as tenants-in-
common in equal shares.
4. The said [son and daughter] shall execute all assents conveyances
or deeds necessary to carry into effect this agreement.
THE SCHEDULE ABOVE REFERRED TO :
(Description of the five house-properties)
IN WITNESS WHEREOF etc.
[Signatures of both parties]
15 15 15 15 15
Deed of Family Arrangement between Beneficiaries under a Deed of Family Arrangement between Beneficiaries under a Deed of Family Arrangement between Beneficiaries under a Deed of Family Arrangement between Beneficiaries under a Deed of Family Arrangement between Beneficiaries under a
Will Will Will Will Will agreeing to continue Deceased?s Business instead agreeing to continue Deceased?s Business instead agreeing to continue Deceased?s Business instead agreeing to continue Deceased?s Business instead agreeing to continue Deceased?s Business instead
of of of of of realising it as directed by the Will realising it as directed by the Will realising it as directed by the Will realising it as directed by the Will realising it as directed by the Will
THIS DEED OF FAMILY ARRANGEMENT is made the………….. day of…………
Between [widow] of [address, etc.] (hereinafter called the widow) of the First
Part [names and addresses, etc. of adult children] (hereinafter together
called the adult children) of the Second Part [minor child] of [address, etc.]
(hereinafter called the minor) of the Third Part and [names and addresses
of trustees of will] (hereinafter together called the trustees) of the Fourth
Part.
WHEREAS:
(1) By his will dated the…………. day of…………… [testator] late of
[address, etc.] (hereinafter called the testator) appointed the trustees to be
his executors and trustees and gave all his estate to the trustees upon trust
to convert into money such parts thereof as should not consist of money
and to invest the proceeds of such conversion and also any money
belonging to him at his decease after payment thereout of his debts and
funeral and testamentary expenses in certain specified securities and to
pay the income thereof to his wife the widow during her life or widowhood
and from and after her decease or remarriage upon trust to divide such
securities equally between such of his children as should attain the age of
eighteen years.
(2) The testator died on the…………….. day of………….. and his said will
was proved on the………… day of………….. in the…………… Court at……….
(3) The testator had………… children only namely the adult children all
of whom have attained the age of eighteen years and the minor who is of
the age of [….?.] years.(4) The testator at the time of his death carried on the business of a………..
(hereinafter called the business) at [address] aforesaid and the business
is of a profitable character and the widow has been carrying on the business
since the death of the testator and the widow the adult children and the
minor are of opinion that it would be for their common advantage that the
business should be continued by the widow.
(5) The minor being at present unable to bind himself it is contemplated
that he will execute this deed when he attains the age of eighteen years.
(6) In consideration of the indemnity herein contained the trustees are
willing that the business should be continued