FAMILY SETTLEMENT (BETWEEN THE HEIRS OF DECEASED)

This Sample draft is a model Family Settlement Deed executed between the heirs of a deceased person to amicably resolve disputes relating to inheritance and ownership of family properties. Family settlements are recognised and encouraged by courts to preserve peace and avoid prolonged litigation. This format is useful where multiple parties assert competing claims and mutually agree to distribute movable and immovable properties without contest.

                                   FAMILY SETTLEMENT DEED

                     (Between the Heirs of the Deceased – Registration Ready)

 

This Deed of Family Settlement is made and executed on this ___ day of _______, 20 at __________.

 

BETWEEN

AA,
aged ___ years,
son of __________________,
resident of ________________________,
(alleged adopted son of E.F.),
hereinafter referred to as “the First Party”;

AND

CC,
aged ___ years,
daughter of __________________,
resident of ________________________,
(alleged natural-born daughter of E.F.),
hereinafter referred to as “the Second Party”;

AND

BB,
aged ___ years,
wife of __________________,
resident of ________________________,
(alleged widow of E.F.),
hereinafter referred to as “the Third Party”.

(The First Party, Second Party, and Third Party are hereinafter collectively referred to as “the Parties”.)

 

WHEREAS

1. E.F. (hereinafter referred to as “the Deceased”) expired on __________ at ____________________, leaving behind movable and immovable properties more particularly described in Schedule A and Schedule B annexed hereto.
2. The Parties have raised rival and competing claims regarding their respective status and rights in the estate of the Deceased.
3. The Second Party and Third Party issued legal notices asserting their respective claims over the estate, which were disputed by the other Parties.
4. The First Party claims adoption by the Deceased on __________ prior to the Deceased’s departure to Burma.
5. The Second Party claims to be the natural-born daughter of the Deceased and GG, who expired shortly after childbirth.
6. The Third Party claims to be the lawfully wedded wife and widow of the Deceased.
7. The Parties, to avoid family disputes, litigation, and loss of family property, have voluntarily agreed to amicably settle all disputes through this Family Settlement.

 

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. Allocation of Immovable Properties
2. a) The First Party shall exclusively own and possess the immovable properties described at Items 1 and 2 of Schedule A.
   b) The Second Party shall exclusively own and possess the immovable properties described at Items 3 and 4 of Schedule A.
   c) The Third Party shall exclusively own and possess the immovable property described at Item 5 of Schedule A.
3. Allocation of Movable Properties
4. a) The Second Party shall exclusively own and possess movable properties described at Items 1 and 2 of Schedule B.
   b) The Third Party shall exclusively own and possess movable properties described at Items 3 and 4 of Schedule B.

 

RELINQUISHMENT & WAIVER

3. Relinquishment of Rights

Each Party hereby relinquishes, releases, and forever abandons all rights, titles, interests, claims, or demands—present or future—over the properties allotted to the other Parties under this Deed.

4. Final Settlement

This Family Settlement is final, conclusive, and binding upon the Parties and shall operate as a complete settlement of all disputes relating to the estate of the Deceased.

 

ARBITRATION & MISCELLANEOUS

5. Arbitration

Any dispute arising out of or relating to this Family Settlement shall be referred to sole arbitration under the Arbitration and Conciliation Act, 1996.
Seat and venue of arbitration shall be __________.

6. Governing Law & Jurisdiction

This Deed shall be governed by the laws of India, and courts at __________ shall have jurisdiction, subject to arbitration.

7. Voluntary Execution

The Parties declare that this Deed has been executed voluntarily, without fraud, coercion, or undue influence, after fully understanding its contents.

8. Registration & Stamp Duty

This Deed shall be presented for registration before the Sub-Registrar having jurisdiction. Stamp duty and registration charges shall be borne equally / as mutually agreed.

 

IN WITNESS WHEREOF

The Parties have signed this Deed on the day and year first written above.

 

SIGNATURES

First Party
Signature: __________

Second Party
Signature: __________

Third Party
Signature: __________

 

WITNESSES

1. Name, Address & Signature: ____________________
2. Name, Address & Signature: ____________________

 

SCHEDULE A

(List of Immovable Properties)
[Detailed description]

SCHEDULE B

(List of Movable Properties)
[Detailed description]

 

Disclaimer: Family settlements are strongly favoured by courts. Registration is recommended where immovable property is involved.