Deed of Gift by Gupta

CONVEYANCING, DRAFTING & DEEDS [Ch. 51
his lifetime?Meiyyalu v Anjalay 25 Mad 672; Kashaba v Chandrabhagabai 32
Bom 441.
28.3. Gift?Mohamedan Iaw??Hiba?  and  ?Hiba-bil-iwaz??registration
of.?Hiba  or gift under Mohamedan Law is a transfer of property made
immediately and without any exchange by one person to another and accepted
by or on behalf of the latter.  It is essential to the validity of a hiba  that there should
be (i) a declaration of the gift by the donor, (ii) acceptance of the gift expressed
or implied by or on behalf of the donee, and (iii) delivery of possession of the
subject matter of gift by the donor to the donee. Hiba-bil-iwaz  or gift with exchange
as distinguished from a hiba or simple gift is a gift  for consideration.  It is in reality
a sale and has all the incidents of a contract of sale. In hiba-bil-iwaz there must
be actual payment of consideration on the part of the donee and  bona fide  intention
on the part of the donor to divest himself  in presenti of the property and to confer
it upon the donee. Thus, it was held that hiba-bil-iwaz in India is not a gift, but
is a transaction in the nature of sale ; and if it relates to immovable property
value of Rs. 100 or onwards it can only be by a registered instrument as provided
under sec.  54 of the  Transfer of Property Act?Imbichimoideenkutty  v Pathumunni
Umma AIR 1989 Ker 148.
28.4. Gift in lieu of dower-debt?Mohamedan law?validity.?Under the
Mohamedan Law, an oral gift is permissible. A gift is a transfer of property or
right by one person to another made voluntarily and without  consideration. A dower
debt being a debt payable by husband to his wife, a gift in lieu of dower debt
cannot be held to be valid, inasmuch as, repayment of a dower debt being a
consideration, no property can be transferred by way of a gift in lieu thereof.
Hence, it was held that the oral gift of immovable property by a Mohamedan in
favour of his wife in lieu of dower debt is not valid, inasmuch as, such a transaction
is not a true Hiba-bil-iwaz but a sale and the same can be done only by virtue
of execution of a registered deed?Mosst. Saimunissa v Sk. Mohiuddin AIR 1991
Pat 183; see also Md.  Usman Khan v Amir Mian AIR 1949 Pat 237.
29. Stamp Duty.?An instrument of gift is chargeable with Stamp Duty under
Article 33, Schedule I to the Indian Stamp Act, 1899.  The Stamp Duty  is payable
as on conveyance on the consideration equal to the value of the immovable
property as set forth in the instrument. Now some of the States have amended
the local Stamp Act prescribing market value of the gifted property as criterion
for stamp duty and providing for enquiry into valuation where it is understated.
FORMS
1
Deed of Gift by a father to his son of freehold
subject to a Mortgage
THIS DEED OF GIFT is made the……….. day of………. BETWEEN (father) of(address, etc.) (hereinafter called the Donee) of the ONE PART AND (son) of
(address, etc.) (hereinafter called the Donee) the son of the grantor of the OTHER
PART.
WHEREAS :
(1) The Donor is the absolute in possession of the property hereinafter
described subject only to the mortgage next hereinafter recited.
(2) By a mortgage (hereinafter called the Mortgage) dated the………  day
of…….. and made between the donor of the One Part and (mortgagee) of the
Other Part the said property was demised to the said (mortgagee) for a term
of……….. years by way of mortgage to secure the principal sum of Rs……… and
interest thereon as therein mentioned.
(OR, if the security was a mortgage by way of legal charge:  By a legal charge
(hereinafter called the legal charge) dated the…….. day of………. and made
between the donee of the One Part and (Mortgagee) of the Other part the said
property was charged by way of legal mortgage in favour of the said (mortgagee)
to secure the payment to the mortgagee of the principal sum of Rs…….  and
interest thereon in accordance with the covenant therein contained.
(3) The said principal sum of Rs……..  together with Rs……  interest thereon
to the date of this deed (making together the sum of Rs……..) remains now owing
upon the security of the mortgage (or legal charge).
(4) The donor is desirous of conveying the said property subject to the
mortgage (or legal charge) to the donee by way of gift.
NOW THIS DEED WITNESSETH as follows:
1. In consideration of his natural love and affection for the donee the donor
hereby conveys unto the donee all that (parcels) TO HOLD the same unto the
donee absolutely and for ever (subject to the mortgage and the said term now
subsisting thereunder or to the legal charge) and to the said principal sum and
all interest now owing or henceforth to become payable in respect thereof.
2.  The donee hereby covenants with the donor that the donee or the persons
deriving title under him will pay all principal monies and interest secured by and
now owing or henceforth to become due under the mortgage (or legal charge)
and will at all times hereafter keep the donor his estate and effects indemnified
from all proceedings claims and demands in respect thereof.
IN WITNESS etc.
[Signature and seals of both parties]
2
Gift of House Property by Husband in favour of Wife
[Alternative form]
THIS DEED OF GIFT is made this……….. day of……….. 20….. BETWEEN SRI
Ch. 51] GIFT?FORMS 687688 CONVEYANCING, DRAFTING & DEEDS [Ch. 51
AJIT KUMAR DUTTA aged about 46 years, son of Late…………….  by religion Hindu
by occupation service residing at……… (hereinafter called the ?DONOR?) of the
ONE PART AND SREEMATI SANDHYA DUTTA, aged about 38 years, wife of Sri
Ajit Kumar Dutta, by religion Hindu by occupation housewife, residing at……….
(hereinafter called the ?DONEE?) of the OTHER PART.
WHEREAS under a Bengali Deed of Gift registered in the office of the District
Sub-Registrar…………on………….  and entered in Book No. 1 Volume No………
pages…….. to…….  Being No……  for the year……. the Donor received by gift as
absolute owner from his mother Sreemati Puspalata Dutta ALL THAT the piece
or parcel of the messuage land hereditaments and premises measuring……..
Cottah……….. Chittaks…….. sq.ft. more or less with the two-storyed building
standing thereon as fully mentioned in the Schedule written thereunder as well
as described in the Schedule hereto lying and situate within the……….
Municipality (now under………..Municipal Corporation) being reputed and known
as Municipal holding No……….
AND WHEREAS out of natural love and affection for his wife the said Sri Ajit
Kumar Dutta is desirous of making a gift of the said property to the Donee.
NOW THIS DEED WITNESSES that :
1. In pursuance of the said intention and in consideration of natural love and
affection which the said Donor has for the said Donee, the said Donor out of his
free will, without fraud, coercion or undue influence from anybody whomsoever,
and in full possession of his senses does hereby give, convey, grant, transfer
and confirm unto the said Donee ALL THAT the two storyed building containing
by measurement………… Cottah…………… Chittaks………… sq.ft. of land, be the
same a little more or less, together with all outhouses, privileges, profits,
advantages and all other appurtenances whatsoever to the said messuage land
hereditaments or premises TO HAVE AND TO HOLD the said messuage land
hereditaments and premises hereby gifted unto and to the use of the said Donee
for ever and absolutely.
2. The said Donee shall and may from time to time and at all times hereafter
peaceably and quietly enter upon have, hold, occupy, possess and enjoy the
property hereby gifted, and receive and take the rents, issues and profits thereof
and of every part thereof, without any let or hindrance whatsoever from or by
the said Donor or by any person or persons claiming from, under or in trust of
him.
3. The Donee accepts the said gift and has this day received exclusive
possession of the said property from the Donor.
4.  The value of the said property has been estimated at Rs……………
(Rupees…………………) only.
THE SCHEDULE ABOVE REFERRED TO:
ALL THAT the piece or parcel of messuage land hereditaments and premises
measuring…………. Cottah………….. Chittaks………. sq.ft. more or less with two
storyed building standing thereon lying and situate within the two storyed buildingstanding thereon lying and situate within the P .S……….  Sub-Registry………….
J.L. No……….. R.S. No……….. Touzi No………… and C.S. Khatian No……….  C.S.
Dag No………..  within the…………… Municipality (now…………  Municipal Corpo-
ration) being holding No…….  Circle No………  and now reputed and known as
premises No………… butted and bounded as follows:
North : Vacant land
South : Property of Ajoy Mukherjee
East : Property of Biren Das
West : Common Passage
Quarterly Municipal Tax payable is Rs………  and annual rent payable to the
Govt. of……….. is……….
IN WITNESS WHEREOF the said Donor has hereto signed at Calcutta the day
and year first above-written.
SIGNED AND DELIVERED
in the presence of:
3
Gift of immovable property in favour of her
sister?s son by a childless widow
THIS INDENTURE made etc. BETWEEN A.B. etc. (Donor) of the ONE PART AND
C.D. etc. (Donee) of the OTHER PART.
WHEREAS the Donor is absolutely seized and possessed of the heredita-
ments mentioned and described in the Schedule hereunder written and the
inheritance thereof as an absolute owner.
AND WHEREAS the Donor is a childless widow and has brought up the Donee
who is her sister?s son from his infancy.
AND WHEREAS the Donor is old and the Donee is devoted to her and looks
after her and her affairs.
AND WHEREAS the Donor has out of her free will agreed to make a gift of
the said hereditaments to the Donee who has agreed to accept such gift as is
testified by his executing these presents.
AND WHEREAS for the purpose of stamp duty to be paid hereon the said
hereditaments are valued at Rs……..
NOW THIS INDENTURE WITNESSETH that in consideration of the great love
and affection which the Donor bears for the Donee and for divers other weighty
causes and considerations she the Donor hereby freely and voluntarily grants,
conveys and transfers unto the Donee as and by way of gift ALL THAT the said
hereditaments  TOGETHER WITH (Insert general words, estate and deed clauses)
TO HAVE AND TO HOLD the same unto the Donee absolutely.
Ch. 51] GIFT?FORMS 689
G : CDD (Vol. 6) ? 44690 CONVEYANCING, DRAFTING & DEEDS [Ch. 51
And the Donor hereby covenants with the Donee (Insert usual covenants title)
or that the Donor shall and will from time to time and at all times hereafter warrant
and defend the Donee?s title to the said hereditaments according to the true intent
and meaning of these presents.
THE SCHEDULE ABOVE REFERRED TO:
(Describe the property)
IN WITNESS etc.
4
Gift to a Co-sharer by others of tenancy right in land and of
structures etc. thereon
THIS INDENTURE made etc. BETWEEN A.B. etc. C.D. etc. AND E.F . etc.
(Donors) of the ONE PART AND G.H.  etc. (Donee) of the OTHER PART.
WHEREAS X.Y. who was Hindu governed by the Dayabhaga School died
intestate on………  1958 leaving her surviving A.B. husband, C.D. and E.F . her
two adult married daughters and G.H. her only son as her sole heirs.
AND WHEREAS the said X.Y. was during her lifetime and at the time of her
death a tenant of the premises bearing municipal premises No…….. and solely
and absolutely seized and possessed of the several structures erected and built
thereon or on part thereof together with all accessories, fixtures and appurte-
nances thereto.
AND WHEREAS on the death of the said X.Y. the said tenancy and the said
structures with their accessories, fixtures and appurtenances have devolved
upon the Donors and the Donee jointly and in equal shares as her heirs as
aforesaid, as to the said tenancy subject to all the incidents thereof, and as to
the said structures with their accessories, fixtures and appurtenances absolutely.
AND WHEREAS  the Donors bear natural love and affection for the Donee, who
is the only son of the Donor A.B. and the only brother of the Donors C.D. and
E.F. and younger to them by several years.
AND WHEREAS the Donors have out of their respective free will agreed to
make an absolute gift to the Donee of their respective estate and interest in the
said tenancy as well as in the said structures with their accessories, fixtures
and appurtenances, which gift the Donee has agreed to accept as is testified
by his executing these present.
AND WHEREAS for the purpose of the stamp duty to be paid on these presents
the aggregate value of the Donors estate and interest in the said several premises
is hereby assessed at Rs………
NOW THIS INDENTURE WITNESSETH that in consideration of the natural love
and affection which the Donors bear for the Donee and for divers weighty causesand considerations, they the Donors out of their respective free will and according
to their respective estate and interest therein hereby grant, convey and transfer
by way of gift unto the Donee Firstly, ALL  their right, title and interest in the thicka
tenancy of the hereditaments mentioned and described in the First Schedule
hereunder written and Secondly, ALL THOSE the several structures standing
thereon or on part thereof  TOGETHER WITH all accessories, fixtures and
appurtenances thereunto belonging and specified in the Second Schedule
hereunder written  TO HAVE AND  TO HOLD the premises hereby firstly granted and
conveyed subject to all the incidents of the said tenancy and the premises hereby
granted secondly granted and conveyed absolutely unto the Donee TO  THE END
AND INTENT that the Donee together with his own estate and interest therein
respectively shall henceforth stand seised and possessed of the same
respectively solely and absolutely.
And the Donee hereby accepts the gift aforesaid AND covenants with the
Donors that he the Donee shall and will at all times during the subsistence of
the said tenancy duly and regularly pay the rent, rates, taxes and other outgoings
in respect of the hereditaments and premises mentioned and described in the
first and second schedules hereunder written and observe and perform all
covenants, conditions, limitations and restrictions implied by and incidental to
the said tenancy and henceforth on the part of the Donee to be solely and entirely
observed and performed AND that the Donee shall and will at all times hereafter
save harmless and keep indemnified the Donors, and their respective estates
and efforts from the payment of the rent, rates, taxes and other impositions
aforesaid and from the observance and performance of the said covenants,
conditions, limitations and retrictions and from all claims and demands whatso-
ever for or on account of the premises hereby firstly and secondly granted and
conveyed or in anywise relating thereto.
THE FIRST SCHEDULE ABOVE REFERRED TO:
(Describe the property)
THE SECOND SCHEDULE ABOVE REFERRED TO:
(Specify the structures etc.)
IN WITNESS etc.
5
Deed of Gift of freeholds by tenants-in-common
THIS DED OF GIFT is made the………. day of………. BETWEEN (names and
address, etc. of tenants-in-common) (hereinafter called the Donors) of the ONE
PART and (Grantee) of (address, etc.) (hereinafter called the Grantee) of the
OTHER PART.
WHEREAS:
(1)  The donors are the absolute owners in possession free from encumbrances
of the property hereinafter described and hold the same upon trust to sell the
Ch. 51] GIFT?FORMS 691692 CONVEYANCING, DRAFTING & DEEDS [Ch. 51
same and to hold the net income till sale and the net proceeds of sale on trust
for themselves as tenants-in-common in equal shares.
(2) The donors are desirous of conveying the said property to the grantee by
way of gift.
NOW THIS DEED WITNESSETH as follows:
In consideration of the premises and of their natural love and affection for
the grantee the donors (as trustee) hereby convey unto the grantee all that
(parcels) TO HOLD the same unto the grantee in fee simple.
IN WITNESS etc.
[Signature and seal of the donors]
6
Gift of personal effects not in the possession of the Donor
THIS DEED OF GIFT made the……… day of……….  BETWEEN (Donor) of
(address, etc.) (hereinafter called the assignor) of the ONE PART AND (Donee)
of (address, etc.) (hereinafter called the Donee) the wife of the assignor (or as
the case may be) of the OTHER PART.
WITNESSETH as follows:
In consideration of his natural love and affection for the donee the assignor
hereby assigns unto the donee all those the materials and effects which are
warehoused in the name of the assignor at the………. depository and are
mentioned or referred to in the memorandum of deposit thereto dated the……….
day of……….. TO HOLD the same unto the donee absolutely.
IN WITNESS etc.
[Signatures and seals of parties]
7
Deed of Gift of Household effects in the possession
of the Donor
THIS DEED OF GIFT made the…………. day of………. BETWEEN (Donor) of
(address, etc.) (hereinafter called the Assignor) of the ONE PART AND (Donee)
of (address, etc.) (hereinafter called the Donee) the wife of the assignor (or as
the case may be) of the OTHER PART.
WITNESSETH as follows:
In consideration of his natural love and affection for the donee the assignor
hereby assigns unto the donee (1) such of the furniture materials and otherproperty in or about the dwelling-house of the assignor at (address) or in or about
the garage and outbuildings thereto as are mentioned in the First Schedule hereto;
and (2) all (if any) the furniture materials and movable property in or about the
dwelling-house of the assignor at (address) (or the said dwelling-house) or in or
about the garage and outbuildings thereto other than and except the money
documents materials and property mentioned in the Second Schedule hereto  TO
HOLD the same unto the donee absolutely.
THE FIRST SCHEDULE ABOVE REFERRED TO:
(List of furniture, etc. intended to be included in the gift)
THE SECOND SCHEDULE ABOVE REFERRED TO:
(Money and securities for money; documents of title; private letters, receipts
and memoranda; any other materials intended to be excluded from the gift)
IN WITNESS etc.
[Signature and seals of donor and donee]
8
Memorandum of a Completed Gift of Household effects by a
Husband to his Wife
MEMORANDUM ON the……….. day of………….. the undersigned (husband)
of (address, etc.) in consideration of his natural love and effection for his wife
the undersigned (wife) (hereinafter called the Donee) gave and by word of mouth
expressed himself to give to the donee all the furniture effects and movable
property specified in the schedule hereto annexed for her own use and benefit
absolutely and at the same time delivered the said furniture effects and moveable
property to the donee and placed her in possession and control thereof and the
donee at the same time accepted the said gift.
THE SCHEDULE ABOVE REFERRED TO:
(List of furniture, etc. included in the gift)
Date :
[Signature of donor and donee]
9
Deed of Gift of sebaitship right and benefit under a trust
endowment by a co-sebait in favour of other co-sebaits
who stand in the line of succession
THIS INDENTURE made etc. BETWEEN A.B. etc. of the One Part AND C.D.
etc. E.F. etc. and G.H. etc.  of the Other Part.
Ch. 51] GIFT?FORMS 693694 CONVEYANCING, DRAFTING & DEEDS [Ch. 51
WHEREAS X.Y. the father of the parties hereto, who was a Hindu governed
by the Dayabhaga School of Hindu Law, was during his lifetime the sole sebait
of his ancestral family Deity.
AND WHEREAS the said X.Y. died intestate on……… leaving the parties hereto
his four sons and sole heirs.
AND WHEREAS on the death of the said X.Y. the sebaitship of the said Deity
devolved upon the parties hereto absolutely and in equal shares.
AND WHEREAS the parties hereto after having jointly performed the seba or
worship of the said Deity for several years have since begun to perform such
SEBA or worship each by a PALA or turn of worship by a rotation of three months
in each Bengali year.
AND WHEREAS by a Deed of Trust dated……..  and made between the Donee
C.D. of the one part and the Official Trustee of West Bengal of the other part
the Donee C.D. endowed and settled……..  per cent Government Promissory
Notes of the nominal value of Rs…….. for meeting out of the income and interest
thereof the expenses of the daily SEBA or worship of the said Deity and appointed
the said official Trustee as the sole trustee thereof.
AND WHEREAS by the said Deed of Trust it was inter alia provided that out
of the yearly income and interest of the said Government Promissory Notes the
said Official Trustee should, after defraying the costs of administering the trusts
thereby created, pay in advance to the SEBAIT or SEBAITS for the time being
entitled to perform the PALA or turn of worship of the said Deity on the day of
each and every Bengali month such sum as would represent an one-twelfth part
of such yearly income and interest as aforesaid.
AND WHEREAS in execution of the said trusts the said Official Trustee had
been and is paying to the parties hereto from month to month during their
respective PALA or turn of worship the expenses of the daily seba or worship
of the said Deity according to the provisions in that behalf contained in the said
Deed of Trust.
AND WHEREAS the Donor being unmarried and old is finding it increasingly
difficult to perform in the purely orthodox way the daily SEBA or worship of the
said Deity during has PALA or turn of worship.
AND WHEREAS the Donees are the brothers and heirs presumptive of the
Donor and stand in the line of succession of sebaits of the said Deity.
AND WHEREAS  the Donor is desirous of making a gift of his one-fourth share
of and in the SEBAITSHIP AND in the PALA or turn of worship of the said Deity
including the benefits and advantages to which he is entitled under the provisions
of the said Deed of Trust unto the Donees absolutely and in equal shares and
the Donees have agreed to accept such gift.
AND WHEREAS for the purpose of stamp duty to be paid on these presents
the Donor?s one-fourth share of and in the said SEBAITSHIP and the said PALA
or turn of worship and all other the premises hereby granted are valued at Rs………NOW THIS INDENTURE WITNESSETH that in consideration of the premises
and for effectuating his said desire and for divers other weighty causes and
considerations he the Donor hereby freely and voluntarily grants, transfers and
assigns unto the Donees Firstly, ALL  THAT his undivided one-fourth share of and
in the  SEBAITSHIP and the PALA or turn of worship of the said Duty AND
SECONDLY, the full benefit and advantages to which the Donor is entitled under
the provisions of the said Deed of Trust as such SEBAIT as aforesaid TO HAVE
AND TO HOLD the premises firstly hereinbefore granted and TO HAVE RECEIVE
AND  TAKE the premises secondly hereinbefore granted unto the Donees
absolutely and in equal shares.
AND the Donees hereby accept the gift aforesaid.
AND the Donor hereby covenants with the Donees (Insert usual covenants
for title or warranty of title).
IN WITNESS etc.
10
Deed of Gift of Building by owner in favour of Local
Authority for use by public for exercise
and recreation purposes
THIS CONVEYANCE  is made the……….  day of…….. BETWEEN (Owner) of
(address, etc.) (hereinafter called the Owner) of the ONE PART and the (Local
Authority) (hereinafter called the Local Authority) of the OTHER PART.
WHEREAS the Owner is desirous of conveying by way of gift to the Local
Authority the premises hereinafter described for the perpetual use thereof by the
public for exercise and recreation and the Local Authority pursuant to every power
enabling them have agreed to accept the same upon the trust and for the purposes
aforesaid.
NOW THIS DEED WITNESSETH as follows:
1. In pursuance of the said desire and agreement the Owner hereby conveys
unto the Local Authority ALL THAT (parcels) except and reserving as hereinafter
mentioned TO HOLD the same unto the Local Authority absolutely and for ever.
2. There are excepted unto the said Owner out of the premises hereby
conveyed the free passage and running of water and soil from lands and houses
adjoining or near to the premises hereby conveyed and now vested in the Owner
and also the right at any time hereafter to carry under the said premises any
sewer drain channel or water pipe for the service of any lands or buildings adjoining
or near to the said premises and now vested in the Owner and also the right to
carry under the said premises such service as aforesaid, installation of any
appliance for the transmission of power, heat, light, sound or electricity or other
work of a like nature with full power for the owner and his successors in title.
Owner or Owners for the time being of the lands and houses adjoining the
premises hereby conveyed to enter upon the said premises for the purpose of
Ch. 51] GIFT?FORMS 695696 CONVEYANCING, DRAFTING & DEEDS [Ch. 51
making laying and repairing or relaying any such sewer drain channel water pipe
or other work as aforesaid (he and they making good the surface of the said
premises at his and their own expense to the reasonable satisfaction of the Local
Authority or their successors).
3. The Local Authority hereby declare that they will hold the said premises
hereby conveyed following, namely, upon trust for the perpetual use thereof by
the public for the purposes of exercise and recreation.
4. The Owner hereby acknowledges the right of the Local Authority to
production of the documents of title specified in the schedule hreto which are
retained by him and to delivery of copies thereof (and hereby undertakes for the
safe custody thereof).
SCHEDULE
IN WITNESS WHEREOF etc.
[Signature of Owner and Seal of Local Authority]
11
Deed of Gift of portion of Land to the Municipal Authorities
for the purpose of widening of Road
THIS DEED OF GIFT is made the……….. day of……… BETWEEN (grantor) of
(address, etc.) (hereinafter called the Grantor) of the ONE PART AND the…………
Municipal Corporation (hereinafter called the  ?Corporation?) of the OTHER PART.
WHEREAS :
(1) The Corporation has authority under the (……….Act) to acquire land for
the purpose or purposes of widening or public road abutting the premises of the
grantor.
(2) The property hereby conveyed is required by the Corporation for the
purpose or purposes authorised by the said (Act) as aforesaid.
(3) The grantor is the absolute owner in possession free from incumbrances
of the property hreinafter described and is desirous freely and absolutely of
conveying to the Corporation by way of gift that property for the purpose or
purposes aforesaid.
NOW THIS DEED WITNESSETH that the grantor hereby freely and voluntarily
and without valuable consideration conveys unto the Corporation all that (parcels)
TO HOLD the same unto the Corporation absolutely and for ever for the purpose
or purposes of the said (Act).
IN WITNESS etc.
[Signature and seals of all parties]12
Deed of gift of portion of immovable property by a Hindu
governed by Dayabhaga Law in favour of his son
THIS DEED OF GIFT made this………… day of………….   Two thousand  ………….
BETWEEN A.B. son of Late P .Q.  governed by Dayabhaga School of Hindu Law,
by occupation………….. at present residing at……. hereinafter referred to as the
?DONOR? (which term or expression shall unless excluded by or repugnant to
the context or subject be deemed to mean and include his heirs, executors,
administrators, legal representatives and assigns) of the ONE PART AND C.D.,
son of A.B. by religion………….. by occupation………….. at present residing
at……. hereinafter referred to as the ?DONEE? (which term or expression shall
unless excluded by or repugnant to the context or subject be deemed to mean
and include his heirs, executors,  administrators, legal representatives and
assigns) of the OTHER PART.
WHEREAS by an Indenture of Conveyance registered at the office of the Joint
Sub-Registrar at………….. in Book No………….. Vol. No………….. pages……….
to………. Being No……….. for the year…………. one X.Y. wife of Z.X.  had
purchased a piece and parcel of Mokhrari Mourasi  land hereditament and
premises measuring………….. decimals comprised in Mouza………….. J.L.
No………….. Khatian No………….. Dag No………….. within P .S………….. (now
P .S…………..) Sub-Registry Office………….. Dist…………..
AND WHEREAS on account of unavoidable family circumstances and financial
necessity the said X.Y. while remaining in khas and absolute possession as the
lawful owner thereof sold, transferred, conveyed, assigned and assured unto A.B.
the Donor herein, a portion of the said land admeasuring……………… decimals
or equivalent to………….. Cottahs………….. Chittak, be the same little more or
less, under an Indenture of Sale dated………….. registered at the office of the
Joint Sub-Registrar at…………..  District…………..  in Book No…………..  Vol.
No………….. pages………….. to………….. Being No………….. for the year…………..
for the consideration mentioned therein.
AND WHEREAS after purchase of the said land the Donor herein, described
as the Purchaser in the recited Indenture of Conveyance dated………….. has been
continuing in khas and absolute possession thereof (hereinafter referred to as
?the said property?), by mutating his name in the revenue and Municipal records
and by making payment of the revenue and taxes etc. and also by making
construction of dwelling-house and structures thereon in or about the year……….
AND WHEREAS the Donor has been keeping an indifferent health since quite
sometime on account of his advanced age and accordingly he is desirous of
making disposition of his said property by way of gift for the purpose of distribution
thereof among his son and daughter, the members of his family, by two several
deeds of gift.
AND WHEREAS the said B.C. the Donee herein, is the only son of the Donor
and the Donor desires to distribute and provide for him in the manner hereinafter
Ch. 51] GIFT?FORMS 697698 CONVEYANCING, DRAFTING & DEEDS [Ch. 51
mentioned, by way of gift portion of the said property comprising land
measuring…………..  Cottahs…………..Chittak, more or less, with Rannygunge-
tiled dwelling-unit and structure standing thereon, more fully described in the
Schedule hereunder written and delineated with red in the map or plan annexed
hereto, comprised in Mouza………….. J.L. No………….. R.S. Khatian No…………..
Dag No………….. within P .S…………… (now P .S……………), Sub-Registry office
………….. District………….. and now reputed to be and known as premises
no………….. within the………….. Municipal Corporation, absolutely and forever,
free from all encumbrances charges attachments and liens etc.
NOW THIS DEED WITNESSETH that in pursuance of the said intention and in
consideration of the natural love and affection which the Donor has for the Donee
and for making provision for the said son, the Donee herein, the Donor, out of
his own free will, without fraud, coercion or undue influence from anybody
whomsoever, and in full possession of his senses, does hereby grant, convey,
transfer, confirm and assure unto the said Donee ALL THAT the piece or parcel
of land hereditament and premises measuring………….. Cottah………….. Chittak,
be the same a little more or less, together with Rannygunge-tiled dwelling-unit
and structure standing thereon being the demarcated portion of the premises
No………….  comprised in Mouza…………..  J.L. No…………..  R.S.  Khatian No…………..
Dag No………….. within P .S………….. (now P .S…………..) Sub-Registry Of-
fice………….. District…………. more fully and particularly described in the
Schedule hereunder written and delineated and bordered in red in the map or plan
annexed hereto and hereinafter referred to as  ?the said property? OR HOWSOEVER
OTHERWISE the said property now is or at any time or times heretofore were
or was situated butted bounded described known and numbered  TOGETHER WITH
all trees fences water courses lights privileges liberties easements and
appurtenances whatsoever to the said property belonging in any way appertaining
thereto or usually held used occupied or enjoyed accepted reputed deemed taken
or known as part or parcel or member thereof or appurtenant thereto AND
REVERSION OR REVERSIONS REMAINDER OR REMAINDERS  and the rents,
issues and profits thereof and all the estate right title interest property claim or
demand whatsoever of the Donor into or upon the same or any part thereof AND
ALL  the deeds  puttahs  muniments writings and evidences of title which
exclusively relate to the said property hereby transferred TO HAVE AND  TO HOLD
the said property hereby granted transferred assigned and assured or  intended
so to be unto and to the use of the Donee absolutely and forever free from all
encumbrances and liabilities whatsoever.
2. THE DONOR DOTH HEREBY COVENANT AND DECLARE as follows:
(a) That the Donor himself or any predecesors-in-title of the Donor had/has
never made or done anything, or executed any deed or committed or knowingly
suffered to the contrary to the absolute title of the Donor and  the Donor is lawfully
and rightfully seized and possessed of or otherwise well and sufficiently entitled
to the said property hereby granted as an absolute and indefeasible estate
equivalent thereto free from all encumbrances and charges whatsoever and that
the Donor has full power and  absolute and indefeasible  right and authority  to  grantconvey settle transfer and assure the said property hereby granted unto the
Donee in the manner aforesaid and according to the true intent and meaning of
these presents.
(b) That it shall be lawful for the Donee at all times hereafter peacefully and
quietly to enter into and upon and hold occupy and enjoy the said property hereby
granted in  khas  or through tenants and receive the rents issues and profits thereof
without any hindrance interruption disturbances  claim or demand whatsoever by
the Donor or any person or persons claiming any estate right title or interest from
under through or in trust for the Donor and freely and clearly and absolutely
acquitted exonerated and for ever discharged or otherwise by the Donor well and
sufficiently saved defended kept harmless and indemnified of and from and
against all charges and encumbrances whatsoever made done executed or
occasioned by the Donor.
(c) That the Donor and all persons claiming any right title or interest in the
said property hereby transferred through from under or in trust for the Donor shall
and will from time to time and at all times hereafter at the cost of the Donee
do or execute or cause to be done or executed all such lawful acts, deeds things
whatsoever for further and more perfectly conveying and assuring the said
property and every part thereof hereby granted unto the Donee as may be
reasonably required according to the true intent and meaning of this Deed.
(d)  That the Donor has put the Donee in actual possession of the said property
hereby granted and transferred and the Donee has accepted the gift by taking
possession thereof.
(e) That the said property is not affected by attachment including attachment
under any certificate case or any proceedings started at the instance of the
Income-tax Authorities or Estate Duty Authorities or other Government Authori-
ties under Public Demand & Recovery Act or any other Acts or otherwise
whatsoever and that there is no certificate case or proceedings against the Donor
for realisation of arrears of Income-tax or Estate Duty or other taxes or dues or
otherwise under the Public Demand & Recovery Act and/or any other Acts for
the time being in force and that the said property is not otherwise charged,
mortgaged or encumbered.
(f)  That there is no impediment under the provisions of the Urban Land (Ceiling
& Regulation) Act, 1976 for the Donor to grant, convey and transfer the said
property unto the Donee in the manner aforesaid.
3. The original cost of acquisition of the said property covered by this Deed
was Rs………….. (Rupees…………..) only as against the present proportionate
Annual Valuation as per assessment record of the………….. Municipal Corpor-
ation Rs………….. (Rupees…………..) only, and the estimated value of the said
property for the purpose of Stamp Duty is, therefore, taken to be Rs…………..
(Rupees………………..) only.
THE SCHEDULE ABOVE REFERRED TO:
ALL THAT the piece or parcel of land hereditament and premises measur-
Ch. 51] GIFT?FORMS 699700 CONVEYANCING, DRAFTING & DEEDS [Ch. 51
ing………….. Cottah………….. Chittak together with Rannygunge-tiled dwelling-
unit and structure standing thereon being the demarcated portion of the premises
no………….. comprised in Mouza…………..  J.L. No………….. R.S. Khatian
No………….. Dag No………….. within P .S………….. (now P .S…………..) Sub-
Registry Office………….. District ………….. delineated in the map or plan annexed
hereto and bordered therein red and butted and bounded in the manner following,
that is to say:
On the North : Portion of premises No…………..
On the South : Other?s land & building
On the East : ……ft. wide Road
On the West : Other?s House
IN WITNESS WHEREOF the said Donor and the Donee have hereunto set and
subscribed their hands and seal the day month and year first abovewritten.
SIGNED SEALED AND DELIVERED BY
THE DONOR AT…………..
IN THE PRESENCE OF:
SIGNED SEALED AND DELIVRED BY
THE DONEE AT…………..
IN THE PRESENCE OF:
[Signature of the parties]
13
Deed of gift of immovable property also received as gift by
a son from his mother in favour of his wife
THIS DEED OF GIFT is made this………….. day of…………..  Two thou-
sand………… BETWEEN A.B. aged about…………..  years, son of Late X.Y. by
religion………….. by occupation………….. residing at………….. (hereinafter called
the ?DONOR?) of the ONE PART AND C.D. aged about…………..  wife of A.B. by
religion………….. by occupation housewife, residing at………….. (hereinafter
called the ?DONEE?) of the OTHER PART.
WHEREAS under a Deed of Gift registered in the office of the District Sub-
registrar, at………….. on…………..and entered in Book No…………..  Volume
No…………..pages………  to……….  Being No………….. for the year ………….. the
Donor received by gift as absolute owner from his mother M.N.  ALL  THAT the piece
or parcel of the messuage land hereditaments and premises measuring…………..
Cottah………….. Chittaks…………. square feet more or less with the two-storyed
building standing thereon as  fully mentioned in the Schedule written thereunder
as well as described in the Schedule hereto lying and situate within the…………..
Municipality (now under…………..Municipal Corporation) being reputed and
known as Municipal holding No…………..AND WHEREAS out of natural love and affection for his wife the said A.B.
is desirous of making a gift of the said property to the Donee.
NOW THIS DEED WITNESSES that?
1. In pursuance of the said intention and in consideration of natural love and
affection which the said Donor has for the said Donee, the said Donor out of his
free will, without fraud, coercion or undue influence from anybody whomsoever,
and in full possession of his senses does hereby give, convey, grant, transfer
and confirm unto the said Donee ALL THAT the two-storyed building containing
by measurement………….. Cottah………….. Chittaks………….. square feet of
land, be the same a little more or less, together with all out-houses, privileges,
profits, advantages and all other appurtenances whatsoever to the said
messuage land hereditaments or premises TO HAVE AND TO HOLD  the said
messuage land hereditaments and premises hereby gifted unto and to the use
of the said Donee forever and absolutely.
2. The said Donee shall and may from time to time and at all times hereafter
peaceably and quietly enter upon, have, hold, occupy, possess and enjoy the
property hereby gifted, and receive and take the rents, issues and profits thereof
and of every part thereof, without any let or hindrance whatsoever from or by
the said Donor or by any person or persons claiming from, under or in trust of
him.
3. The Donee accepts the said gift and has this day received exclusive
possession of the said property from the Donor.
4. The value of the said property has been estimated at Rs………….. only.
THE SCHEDULE ABOVE REFERRED TO :
ALL THAT the piece or parcel of messuage land hereditaments and premises
measuring………….. Cottah………….. Chittaks………….. square feet more or less
with two-storyed building standing thereon lying and situate within the P .S……..
Sub-Registry………….. J.L. No………….. R.S. No…………..  Touzi No.
Parganas………….. and C.S. Khatian No………….., C.S. Dag No…………..  within
the………….. Municipality (now…………..  Municipal Corporation) being holding No
Circle No……………  and now reputed and known as premises no………….. butted
and bounded as follows:
North : Vacant land
South : Property of…………..
East : Property of …………..
West : Common Passage
Quarterly Municipal Tax payble is Rs………….. and annual rent payable to the
Govt. of………….. is Rs…………..
IN WITNESS WHEREOF the said Donor has hereto signed at Calcutta  the day
and year first above-written.
SIGNED AND DELIVERED
in the presence of:
[Signatures of the parties]
Ch. 51] GIFT?FORMS 701702 CONVEYANCING, DRAFTING & DEEDS [Ch. 51
14
Deed of gift by sisters in favour of brothers of their undivided
share and interest in the immovable property inherited upon
the death of their father without leaving any will
THIS DEED OF GIFT is made the………….. day of………. 20…. BETWEEN
(names and addresses, etc., of sisters) (hereinafter called the donors) of the One
Part and (names and addresses, etc., of brothers) (hereinafter called the donees)
the brothers of the donors of the Other Part.
WHEREAS:
(1) (Intestate) late of (address) (hereinafter called the intestate) died on
the………….. day of………….. intestate a widower leaving him surviving the
parties hereto his lawful children.
(2) The intestate was at the date of his death seized and possessed of the
property fully described in the Schedule hereunder written, absolutely and forever,
free from encumbrances.
(3) Letters of administration to the estate of the intestate were granted on
the………….. day of…………..  to (administrator) out of the………….. Court
at………..
(4) The said (administrator) has paid all expenses and duties and all such
debts as have come to his knowledge and are payable out of the estate of the
intestate.
(5)  The donors are desirous of making a gift of their shares in the said property
to the donees and that the said property shall by an assent executed by the said
(administrator) be vested in the donees as tenants-in-common in equal shares.
(6) Each of the donors holds her share in equity of the said property for her
own absolute use and benefit free from encumbrances.
NOW THIS DEED WITNESSETH as follows:
1. In consideration of their natural love and affection for the donees the donors
hereby assign unto the donees all their shares in all that (parcels) TO HOLD the
same unto the donees as beneficial tenants-in-common in equal shares,
2. The donees hereby accept the said gift and signify their assents thereto.
3. The value of the said gift is estimated at Rs………….. for the purpose of
Stamp duty.
THE SCHEDULE ABOVE REFERRED TO:
(Description of properties)
IN WITNESS etc.
[Signatures of all parties]15
Deed of gift of undivided share or interest in the immovable
property by one co-owner to the other co-owner
THIS DEED OF GIFT is made the………….. day of………….. BETWEEN [donor]
of [address, etc.] (hereinafter called the donor) of the One Part and [donee] of
[address, etc.] (hereinafter called the donee) of the Other Part.
WHEREAS:
(1) The donor and the donee are seized of the property described in the
schedule hereunder written and hereinafter referred to as  ?the said property? free
from encumbrances upon trust to sell the same and stand possessed of the net
proceeds of sale and of  the net rents and profits until sale upon trust for
themselves in equal shares as beneficial tenants in common [as declared in a
conveyance dated the………….. day of………….. and made between [vendor] of
the one part and the donor and the donee of the other part].
(2) The donor is desirous of giving his undivided share and interest as co-
owner in the said property and the proceeds of sale thereof to the donee.
NOW THIS DEED WITNESSETH as follows :
1. In consideration of his natural love and affection for the donee the donor
in respect of his said share and interest hereby assigns and the donor and the
donee [as trustees] in respect of the said estate hereby convey unto the donee
all that [parcels] more fully described in the schedule hereto TO HOLD unto the
donee discharged from such trusts for sale as aforesaid, absolutely and forever.
2. The donee hereby accepts the said gift made hereunder by the Donor.
THE SCHEDULE ABOVE REFERRED TO :
(Description of the gifted property)
IN WITNESS WHEREOF etc.
[Signatures of both the parties]
16
Deed of gift by sisters in favour of the brother in respect of
their undivided interest in the ancestral property
of their deceased father
[Alternative form]
THIS DEED OF GIFT made this………….. day of………….. 20….. (1) AB., etc
(2) CD., etc………….. (3) EF., etc…………..  (4) GH., etc………….. (5) IJ…………..,
etc………….. (hereinafter jointly called the ?DONORS?) which expression unless
by or repugnant to the subject or context shall mean and include their respective
heirs, executors, administrators and legal representatives of  the ONE PART AND
Ch. 51] GIFT?FORMS 703704 CONVEYANCING, DRAFTING & DEEDS [Ch. 51
PQ………….. (address) etc………….. (hereinafter called the ?DONEE?) (which
expression unless excluded by or repugnant to the subject or context shall mean
and include his heirs, executors, administrators and legal  representatives) of the
OTHER PART.
WHEREAS MN since deceased father of both the Donors and Donee was
absolutely seized and possessed of and otherwise sufficiently entitled to all that
partly one-storeyed brick built messuage land and dwelling-house consisting only
of one room together with piece and parcel of revenue redeemed land where into
belonging containing by estimation………….. more or less being known and
numbered as premises no…………..
AND WHEREAS  said MN since deceased seized and possessed of this
property by virtue of sale from XY .
AND WHEREAS the said deed was in English language and character, bearing
date the………….. the day of………….. 20……. registered in Book No…………..
Volume No…………..  at pages………….. to…………..  being No………….. for the
year………….. of the Sub-Registrar of…………..
AND WHEREAS on………….. the said MN died intestate and possessed of
the said land hereditament dwelling-house, appurtenances, easements, leaving
behind surviving him one son PQ the Donee herein and five daughters viz. (1)
AB (2) CD (3) EF (4) GH (5) IJ, the Donors herein, as his heirs, successors and
legal representatives under the Hindu Succession Act by which he was governed
till his death.
AND WHEREAS the said Donee is the Donors only brother having lived with
Donors since his Childhood and the said donors have each great love and
affection for the said Donee and to make provision for his residence and also
diverse good causes which is not necessary hereto to specify, are desirous and
anxious out of such natural love and affection disposing of the undivided 5/6th
share of the said messuage, tenements lands and premises  in the manner
hereinafter appearing.
NOW THIS DEED OF GIFT WITNESSES that in pursuance of the said intention
and in consideration of natural love and affection which the said Donors have
for the said Donee, the said Donors out of their own free will and accord, without
coercion or undue influence from anybody whomsoever and in full possession
of their senses do hereby absolutely give convey, grant, transfer and confirm
unto the said DONEE ALL THAT their respective undivided 5/6th share aggregat-
ing………….. share of premises No…………..  particularly described in the
Schedule hereunder written approximately valued of Rs………….. (Rupees………….)
only together all easements Privileges, Profits, advantages and all other
appurtenances whatsoever to the said land hereditaments and premises  TO HAVE
AND TO HOLD the said property hereby granted unto and to the use of the said
Donee forever and absolutely.
AND that the said Donee shall and may from time to time and at all times
hereafter peaceably and quietly enter into and have hold, occupy possess and
enjoy the property hereby gifted as a full and absolute owner and to receive andtake the rent issues and profits thereof and of every past thereof without any
interruption, disturbance or hindrance whatsoever  from or by the said Donors or
any person or persons claiming through or in trust for them.
AND that the Donee accepts the gifts of the said property hereunder made
by his being a party hereto and executing these presents.
SCHEDULE OF PROPERTY GIFTED
IN WITNESS WHEREOF etc.
[Signatures of all parties]
17
Deed of gift of immovable property by parents in favour of
two daughters in equal undivided shares
THIS DEED OF GIFT is made the………….. day of ……… 20….. BETWEEN
(father) and (mother) both of (address) (hereinafter called the parents) of the One
Part and (first daughter) of (address, etc.) and (second daughter) of (address,
etc.) (hereinafter called the daughters) of the Other Part.
WHEREAS :
(1) By a conveyance dated the………….. day of……… 20….. and made
between (parties) the property described in the Schedule hereunder written and
hereinafter referred to as  ?the said property? was purchased out of the joint funds
of the parents and is held in their joint names.
(2) The parents are desirous of conveying the said property by way of gift
to the daughters in manner hereinafter appearing.
NOW THIS DEED WITNESSETH as follows:
1. In consideration of their natural love and affection for the daughters the
parents hereby convey unto the daughters all that (parcels) more fully described
in the Schedule hereunder written and hereinafter referred to as  ?the said property?
TO HOLD the same unto the daughters as beneficial tenants-in-common in equal
shares.
2. The daughters shall have power to mortgage charge lease or otherwise
dispose of all or any part of the said property with all the powers in that behalf
of an absolute owner.
3. The daughters do hereby accept the said gift which is valued at Rs………
for the purpose of stamp duty.
THE SCHEDULE ABOVE REFERRED TO :
(Description of the property)
IN WITNESS etc.
[Signatures of all parties]
Ch. 51] GIFT?FORMS 705
G : CDD (Vol. 6) ? 45706 CONVEYANCING, DRAFTING & DEEDS [Ch. 51
18
Deed of gift of immovable property in favour of nephew
THIS DEED OF GIFT made this………….. day of………….. 20….. BETWEEN
A.B. aged…………..  years, etc. (hereinafter called the ?Donor?) of the ONE PART
AND C.D., aged…………..  years, etc.  (hereinafter called the  ?Donee?) of the OTHER
PART.
WHEREAS the Donor is the absolute owner in possession of ALL THAT the
messuages, lands, tenements, hereditaments and premises more fully men-
tioned and described in the Schedule hereto, and hereinafter referred to as  ?the
said property?.
AND WHEREAS  the said C.D. is the Donor?s  nephew having lived with the Donor
since his childhood and the Donor out of his natural love and affection for the
Donee is desirous of bequeathing his said property in favour of the Donee in the
manner hereinafter appearing.
NOW THIS DEED OF GIFT WITNESSES that in pursuance of the said intention
and in consideration of natural love and affection which the Donor has for the
said Donee, the Donor out of his own free will, without fraud, coercion or under
influence from anybody whomsoever, and in full possession of his senses does
hereby grant, convey, transfer, assign and assure unto the Donee ALL THAT the
double-storeyed building containing by measurement…………  square feet of land,
be the same a little more or less, together with all out-houses, garage and all
privileges, profits, advantages and all other appurtenances whatsoever to the
said messuages, tenements, lands, hereditaments or premises more fully
described in the Schedule hereto and hereinafter referred to as  ?the said property?,
TO HAVE AND TO HOLD the said property hereby gifted unto and to the use of
the said Donee absolutely and forever.
AND THAT THE SAID DONEE shall and may from time to time and at all times
hereafter peaceably and quietly enter upon, have, hold, occupy, possess and
enjoy the said property hereby gifted, and receive and take the rents, issues
and profits thereof and of every part thereof, without any let or hindrance
whatsoever from or by the said Donor or by any person or persons claiming from,
under or in trust for the Donor.
The said property is estimated to be valued at Rs………….. for the purpose
of Stamp duty.
The Donee does hereby acknowledge and confirm having accepted the gift
made hereunder.
THE SCHEDULE OF PROPERTY ABOVE REFERRED TO:
(Particulars of Gift)
IN WITNESS WHEREOF etc…………..
[Signatures of both the parties]19
Deed of gift by mother in favour of her daughters of her
interest in the immovable property bequeathed
under a will by her deceased
husband in her favour
THIS DEED OF GIFT is made the………….. day of…….. 20…… BETWEEN
(mother) of (address, etc.) (hereinafter called the mother) of the One Part and
(names and addresses, etc., of daughters) (hereinafter called the donees) the
daughters of the mother of the Other Part.
WHEREAS the mother is seized and possessed of as an absolute owner free
from encumbrances of the property fully described in the Schedule hereunder
written and hereinafter referred to as  ?the said property? and desires to give the
same to the donees in manner hereinafter appearing.
NOW THIS DEED WITNESSETH as follows:
1.  In consideration of her natural love and affection for the donees the mother
hereby conveys unto the donees all that (parcels) TO HOLD the same unto the
donees as beneficial tenants-in-common in equal shares.
2. It is hereby declared that the donees of this deed shall have full power to
mortgage charge lease or otherwise dispose of all or any part of the said property
with all the powers in that behalf of an absolute owner.
3. The mother acknowledges the right of the donees to the production of the
letters of administration granted to the estate of (father) late of (address) and
to delivery of copies thereof.
4. The donees hereby and hereunder signify their acceptance of the said gift
which, for the purpose of Stamp duty is valued at Rs……………
THE SCHEDULE ABOVE REFERRED TO:
(Description of the property)
IN WITNESS etc.
[Signatures of all parties]
20
Deed of gift by the sons and daughters of all their residuary
interests in the movable and immovable properties under
a will in favour of their mother, a life-tenant
THIS DEED OF GIFT is made the………….. day of…….. 20…… BETWEEN the
persons whose names addresses and descriptions are respectively set out in
the schedule hereto (hereinafter called the  children) of the One Part and  (widow)
of (address, etc.) (hereinafter called the donee) of the Other Part.
Ch. 51] GIFT?FORMS 707708 CONVEYANCING, DRAFTING & DEEDS [Ch. 51
WHEREAS:
(1) (Testator) late of (address) (hereinafter called the father) by his will dated
the………….. day of………….. after appointing (executors) to be executors and
trustees thereof and directing payment of his funeral and testamentary expenses
and debts and bequeathing divers specific and pecuniary legacies devised and
bequeathed all the residuary of his movable and immovable properties unto his
said trustees upon trust to pay the rents profits and income thereof to his wife
during her life and after her death in trust for his children in equal shares.
(2) The father died on the………….. day of………….. without having revoked
or altered his said will but the same has not yet been proved.
(3) The father left him surviving his widow the donee and………….. children
and no more all of whom are of full age and parties hereto.
(4) The children are desirous of making to the donee a gift of the interests
in the residue of the estate of their deceased father to which they are respectively
entitled under the said will.
NOW THIS DEED WITNESSETH as follows :
1. In consideration of their natural love and affection for the donee each of
the children hereby conveys and assigns unto the donee all that the right, title
and interest to which under or by virtue of the trusts declared by the will he or
she is entitled in remainder expectant on the death of the donee of and in the
residuary immovable properties of the father and also all that the right and interest
to which he or she is entitled as aforesaid to and in the residuary movable
properties of the father on the death of the donee TO HOLD all the said property
as fully described in the Schedule  ?B?  hereto and hereinafter referred to as ?the
said property? unto the donee absolutely and forever to the intent that the life
interest of the donee in the said property is hereby enlarged into an absolute
interest in the residuary estate of the testator and that she shall henceforth be
entitled to the same for her own sole use and benefit absolutely and forever.
2. In token of acknowledgment of the gift made hereunder the donee herein
does hereby signify her acceptance thereof, which, for the purpose of Stamp
duty is valued at Rs…………..
THE SCHEDULE  ?A? ABOVE REFERRED TO:
(Names, addresses & descriptions of the children)
THE SCHEDULE ??B? ABOVE REFERRED TO:
(Descriptions of the movable & immovable properties)
IN WITNESS WHEREOF etc…………..
[Signatures of all the parties]21
Assignment to the widow by other legal heirs of a person died
intestate of all their shares and interests in the deceased?s
Estate before grant of administration
THIS ASSIGNMENT is made the………….. day of……… 20….. BETWEEN C.B.
of etc. D.B. of etc.  and E.F. of etc.  (?the Beneficiaries?) of the ONE PART and B.B.
of etc. (?the Widow?) of the OTHER PART.
WHEREAS:
(1) A.B. (?the Intestate?) late of etc. died on etc. intestate leaving behind his
widow and two daughters.
(2)  The Widow is the lawful widow and relict of the Intestate and the daughters
are married.
(3) Each of the legal heirs Beneficiaries holds her original share under the
said intestacy for her own absolute use and benefit free from encumbrances.
(4)  The daughters of the Intestate Beneficiaries have agreed to assign to  their
mother, the widow, shares and interests in the said property.
(5) The estate of the Intestate is estimated to be of the value of Rs……….
and consists of the property particulars whereof are set forth in the schedule
hereto.
(7) It is estimated that the debts and funeral and testamentary expenses of
the Intestate and the interest on the said sum of Rs………….. will amount to
approximately Rs………….. and that after deduction of this sum and  the said sum
of Rs………….. and the estimated value of the personal materials (Rs…………..)
making together the sum of Rs……….. from the said gross value of Rs…………
the value of the residue of the estate of the Intestate to which the legal heirs
are entitled is approximately Rs…………..
NOW THIS DEED WITNESSES as follows:
1. Daughters of the Intestate HEREBY ASSIGN unto the Widow ALL THOSE
their shares and interests present and future in the estate of the Intestate and
in the proceeds of sale thereof TO HOLD unto the Widow for her own absolute
use and benefit.
THE SCHEDULE ABOVE REFERRED TO  :
(Particulars of property)
IN WITNESSES WHEREOF, etc.
[Signatures of all parties]
Ch. 51] GIFT?FORMS 709710 CONVEYANCING, DRAFTING & DEEDS [Ch. 51
22
Deed of gift by the widow of a testator of her life interest in
immovable property to her children who are residuary
legatees under the will
THIS DEED OF GIFT is made the………….. day of…….. 20…… BETWEEN B.B.
of etc. (?the Grantor?) of the ONE PART and G.H.  of etc.  and I.J. of etc.   (?the Donee?)
of the OTHER PART.
WHEREAS:
(1) A.B. late of………….. (?the Father?) by his last will dated etc. after appointing
C.D. and E.F. to be executors and trustees thereof and directing payment of his
funeral and testamentary expenses and debts and bequeathing divers specific
and pecuniary legacies devised and bequeathed all his immovable properties
(fully described in the Schedule hereto) unto his said trustees as therein
mentioned upon trust to pay the rents profits and income thereof to his wife the
Donee during her life and after her death in trust for his children the Grantors
in equal shares.
(2) The Father died on etc. without having revoked or altered his will but the
same has not yet been proved.
(3) The Father left him surviving his widow the Donee and children and no
more namely the Grantors all of whom are of full age.
(4) The Grantor is desirous of making a gift to the Donees of her life interest
under the said will in the immovable properties of the Father to the intent that
the Donees should be immediately entitled in possession to the said properties.
NOW THIS DEED made in consideration of the natural love and affection of
the Grantor for the Donees WITNESSETH as follows:
1. THE GRANTOR HEREBY CONVEYS ASSIGNS AND RELEASES unto the
Donee ALL THAT the properties described in the Schedule hereto TO HOLD the
same unto the Donees as tenants-in-common during the remainder of the life
of the Grantor.
2. THE DONEES HEREBY DECLARE that the life estate hereinbefore  conveyed
in the said property shall merge and be extinguished in the residue therein to
the intent that by reason of such merger and of the vesting in them of the residual
rights and interest therein by an assent to be executed in due course by the said
C.D. and E.F . (executors and trustees) or such of them to prove the Father?s said
will the said property shall be vested in the Donees in trust for the Donees in
equal shares as tenants-in-common and the Donees herein hereby accept the
said gift which is valued at Rs………..   for the purpose of stamp duty.
THE SCHEDULE ABOVE REFERRED TO :
(Description of the property)
IN WITNESS WHEREOF , etc.
[Signatures of the parties]23
Deed of gift by remainderman to tenant for life of
reversionary interest under a settlement
THIS DEED OF GIFT  is made, etc. between A.B. of, etc (hereinafter called the
Donor) of the ONE PART and C.B., of, etc.  (hereinafter called the Tenant for Life)
of the OTHER PART.
WHEREAS:
(1) By a Settlement (hereinafter called the Settlement) dated etc., and made
between D.B. of the First Part, the Tenant for life (then C.X.) of the Second Part
E.F. and G.H.  of the Third Part (being a settlement made in consideration of the
marriage shortly after solemnised between the said D.B. and the Tenant for Life)
whereby certain investments were settled upon trust  for the  Tenant for Life during
her life and after her death up