Deed of Partition by Trustees
This deed of partition by trustees made this ……… day of ……… 2000 between AB son of ……… residing at ……… and XY son of ……… residing at ………… (hereinafter called the trustees) of the one Part and CD and EF sons of ……… residing at ………… (hereinafter called the beneficiaries) of the other part.
Whereas GH son of Late ……… residing at ……… by his will dated ………… appointed the trustees to be the executors and trustees thereof and among other provisions, directed the trustee to hold the properties and administer the same in trust in the manner indicated therein until the youngest of the beneficiaries, viz. the said EF shall attain majority when and in such an event the trustees would partition the same into two equal shares and grant, convey and transfer them unto and to the use of the beneficiaries separately and whereas the said will was duly proved in the court of ………… and probate thereof was granted to the said AB and XY viz. to the trustees as executors appointed thereunder and whereas such probate is still in force and virtue and whereas the trustees as the executors have completed the administration of the estate of the deceased and filed the inventory and account and whereas the said EF has attained majority on the day of ……… and whereas the trustees have already divided and demarcated the said properties into two lots, viz. lot A & lot B which are of equal value and whereas the said CD has agreed to accept lot A and the said EF has agreed to accept lot B as their defined and demarcated portions of the estate of the said GH. Now this Indenture witnesses that in exercise of the power and authority contained in the said will and all other powers enabling him the trustees as statutory owners do hereby grant, convey, transfer, assign and assure unto and to the use of the said CD the properties mentioned and described in Schedule A hereto to have and to hold the same absolutely as his own for his exclusive use and benefit freed and discharged from the trust created under the will and also all rights in common and in severalty as against EF.
And this Indenture further witnesses that the trustees as statutory owners do hereby further likewise grant, convey, transfer, assign and assure the properties mentioned and described in Schedule B hereto unto and to the use of EF to have and to hold the same absolutely as his own for his exclusive use and benefit freed and discharged from the trust created under the will and also all rights in common and in severalty as against CD and that the trustees do hereby covenant and agree with the said beneficiaries that as trustees they have not done, executed and performed nor suffered to the contrary any act, deed or thing whereby or by reason or means whereof the trust estate may be prejudiced in title or estate or the trustees may be in any way hindered or prevented from granting, transferring and conveying them unto and to the use of the beneficiaries in the manner hereinbefore indicated. And this Indenture furthermore witnesses that the beneficiaries do hereby join with trustees and confirm and accept the partition of properties hereunder made to them respectively as testified by their being parties hereto and executing the same.
In witness whereof the parties hereto have executed these presents in triplicate on the day, month and year first above-written.
Signed, sealed and delivered by AB and
XY the trustees in the presence of:
Signed, sealed and delivered by CD
the beneficiary in the presence of:
Signed, sealed and delivered by EF
in the presence of: