A detailed legal draft to resolve property disputes among family members through mutual settlement and peaceful partition
Download or refer to this complete format of a Memorandum of Family Settlement between brothers. Ensure clarity in property partition and avoid future disputes with this legally sound and customizable draft.
MEMORANDUM OF FAMILY SETTLEMENT
This MEMORANDUM OF FAMILY SETTLEMENT is made on this the [DATE] day of [MONTH & YEAR].
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AMONGST
- [NAME OF THE FIRST PARTY with PAN NUMBER], Son of [FATHER'S NAME OF THE FIRST PARTY], aged about [Years], a resident of [FULL ADDRESS OF THE FIRST PARTY], herein after called as the FIRST PARTY (which expression shall unless excluded by or repugnant to the context hereto shall mean and include all of their legal heirs, successors, legal representatives, assigns, agents, administrators, executors, etc. etc.) of the FIRST PART;
AND
- [NAME OF THE SECOND PARTY with PAN NUMBER], Son of [FATHER'S NAME OF THE SECOND PARTY], aged about [Years], a resident of [FULL ADDRESS OF THE SECOND PARTY], hereinafter called the SECOND PARTY (which expression unless repugnant to the context hereto shall mean and include all of his legal heirs, successors, legal representatives, assigns, agents, administrators, executors, etc. etc.) of the SECOND PART;
AND
- [NAME OF THE THIRD PARTY with PAN NUMBER], Son of [FATHER'S NAME OF THE THIRD PARTY], aged about [Years], a resident of [FULL ADDRESS OF THE THIRD PARTY] herein after called as the THIRD PARTY (which expression shall unless exuded by or repugnant to the context hereto shall mean and include all of his legal heirs, successors, legal representatives, assigns, agents, administrators, executors, etc. etc.) of the THIRD PART;
AND
- [NAME OF THE FOURT PARTY with PAN NUMBER], Son of [FATHER'S NAME OF THE FOURTH PARTY], aged about [Years], a resident of [FULL ADDRESS OF THE FOURTH PARTY], herein after called as the FOURTH PARTY (which expression shall unless exuded by or repugnant to the context hereto shall mean and include all of their legal heirs, successors, legal representatives, assigns, agents, administrators, executors, etc. etc.) of the FOURTH PART.
AND WHEREAS, the FIRST PARTY, SECOND PARTY, THIRD PARTY, and FOURTH PARTY, all are brothers of each other and together constitute an integral part of a unified family entity, wherein all properties belonging to the family members have been accumulated progressively as a result of the profits originating from the collective business endeavors of the joint family.
AND WHEREAS, all the parties above are the legal heirs of Late [FATHER NAME OF ALL THE ABOVE-MENTIONED PARTIES], are the absolute joint lawful owner and possessor of a plot of land admeasuring [e.g. 0 Bigha, 1 Katha, 11.40 Lessa, (4521.60 Sq. Ft)], Covered under Dag No. [DAG NO] and Patta No. [PATTA NO], [FULL ADDRESS OF THE PREMISES], hereinafter referred to as Schedule ‘A’ Premises, and the said property was purchased jointly by all the parties mentioned hereinabove.
AND WHEREAS, recently, some dispute arose between the Parties, however due to the intervention of common friends and well wishers, the Parties have agreed to settle the matter on compromise and all the parties after due consideration of all aspects, arrived at a family settlement, thereby settled all of their claims and differences finally and forever.
AND WHEREAS, the Parties have decided and resolved to settle their dispute amicably and in pursuance thereof, the parties of this deed intend to reduce the terms and conditions of their settlement in writing to avoid future litigation and misunderstanding.
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NOW THEREFORE IN CONSIDERATION OF THE MUTUAL OBLIGATIONS AND UNDERTAKINGS CONTAINED HEREIN THIS DEED WITNESSETH AS FOLLOWS:
- That in pursuance of the Family Settlement arrived at in between the FIRST PARTY, the SECOND PARTY, the THIRD PARTY and the Fourth Party, the all the Parties herein shall relinquish all of their right, title and interest in respect of the respective shares in the Schedule ‘A’ Land, of the other parties to this document and for that purpose the Parties shall sign and execute all such forms, applications, documents and papers, Deeds etc., and for that purpose to appear before the Registrar and to do all such acts and deeds, required for the aforesaid purpose.
- That it has been agreed that the cost of the stamp duty and registration fees of Deeds, as well as other incidental expenses, shall be borne by all the Parties equally.
- That the parties to this Deed have managed to create maps for the respective shares of the afore-mentioned parties in the Schedule ‘A’ Land, and the maps are annexed herewith and marked as ANNEXURES I, II, III & IV respectively.
- That it has been agreed that the FIRST PARTY has been allotted the property as mentioned in the Schedule A1 herein (Annexure I)
- That it has been agreed that the SECOND PARTY has been allotted the property as mentioned in the Schedule A2 herein (Annexure II).
- That it has been agreed that the THIRD PARTY has been allotted the property as mentioned in the Schedule A3 herein. (Annexure III)
- It has been agreed that the FOURTH PARTY has been allotted the property as mentioned in the Schedule A4 herein (Annexure IV).
- The parties hereby declare that they have taken the independent advice from their respective advocates and they know the true meaning and effect of this deed.
- That parties to this Deed hereby bind themselves and covenants with each other that if so required to give full effect to the settlement aforesaid, each of them will at the cost and request of the other party shall do and perform and execute all acts, deeds, and things, whenever so required without any delay.
- That the parties to this MEMORANDUM OF FAMILY SETTLEMENT shall also execute No Objection Certificates (affidavits) for each other to get their respective allotted lands partitioned in their names and obtain separate Dag and Patta for their respective shares as mentioned hereinabove.
AND THE PARTIES HEREBY COVENANT that all disputes and differences between the parties with regard to the schedule mentioned properties have been fully and finally settled and in any event no party has any claim against the other on any account whatsoever and this MEMORANDUM OF FAMILY SETTLEMENT shall not be reopened on any ground whatsoever.
SCHEDULE “A” AS REFERRED TO ABOVE
A plot of land measuring [e.g., 0 Bigha, 1 Katha, 11.40 Lessa, (4522.50 Sq. Ft)], covered under Dag No. [DAG NO] and Patta No. [PATTA NO], [FULL ADDRESS OF THE PREMISES], which is bounded by:
DIRECTION DIMENSION BOUNDED BY
- NORTH 66’-0” 18’-0” wide existing road
- SOUTH 69’-0” Plot of Dag No ____ (N)
- EAST 61’–0” 18’-0” wide existing road
- WEST 73’–0” Part of Dag No. ______
SCHEDULE “A1” AS REFERRED TO ABOVE (ANNEXURE I)
(Being allotted in favour of the FIRST PARTY, namely [NAME OF THE FIRST PARTY]).
A plot of land measuring [e.g., 0 Bigha, 0 Katha, 7.70 Lessa, measuring 1109.46 Sq. ft.], along with an Assam-type house standing thereon, covered under Dag No. [DAG NO] and Patta No. [PATTA NO], [FULL ADDRESS OF THE PREMISES], which is bounded by:
DIRECTION BOUNDED BY
- North Part of Plot No. 2
- South Plot of Dag No _____ (N)
- East 18’-0” wide exists. Road
- West Plot No. 2
SCHEDULE “A2” AS REFERRED TO ABOVE (ANNEXURE II)
(Being allotted in favour of the SECOND PARTY, namely [NAME OF THE SECOND PARTY]).
A plot of land measuring [e.g., 0 Bigha, 0 Katha, 6.21 Lessa, measuring 894.73 Sq. Ft], Covered under Dag No. [DAG NO] and Patta No. [PATTA NO], [FULL ADDRESS OF THE PREMISES], along with a 2’-7” width passage from the main road, which is for his egress and ingress, which is bounded by:
DIRECTION BOUNDED BY
- NORTH Plot No. 3
- SOUTH Plot of Dag No ____ (N)
- EAST 18’-0” wide existing road & Plot No. 1
- WEST Land of Dag No. _____
SCHEDULE “A3” AS REFERRED TO ABOVE (ANNEXURE III)
(Being allotted in favour of the THIRD PARTY, namely [NAME OF THE THIRD PARTY]).
A plot of land measuring [e.g., 0 Bigha, 0 Katha, 8.23 Lessa, measuring 1185.09 Sq. Ft], along with part of an Assam-type house standing thereon, covered under Dag No. [DAG NO] and Patta No. [PATTA NO], [FULL ADDRESS OF THE PREMISES], which is bounded by:
DIRECTION BOUNDED BY
- North 18’-0” wide existing road
- South Plot No. 2
- East 18’-0” wide exist road & Plot No. 4
- West Land of Dag No. _______
SCHEDULE “A4” AS REFERRED TO ABOVE (ANNEXURE IV)
(Being allotted in favour of the FOURTH PARTY, namely [NAME OF THE FOURTH PARTY]).
A plot of land measuring [e.g., 0 Bigha, 0 Katha, 9.26 Lessa, measuring 1333.22 Sq. Ft], along with part of Assam Type House standing thereon, covered under Dag No. [DAG NO] and Patta No. [PATTA NO], [FULL ADDRESS OF THE PREMISES], which is bounded by:
DIRECTION BOUNDED BY
- North Part of plot No. 3 & 18’-0” wide exists. Road
- South Plot No. 3
- East 18’-0” wide exists. Road
- West Part of Plot No. 3
IN WITNESSES WHEREOF, the FIRST PARTY, the SECOND PARTY, the THIRD PARTY, and the Fourth Party have put and subscribed their respective hands on this Deed on the day, month, and year first above mentioned in the presence of the witnesses at Tinsukia.
WITNESSES:
1.
…………………………………….
Signature of the FIRST PARTY
2.
……………………………………….
Signature of the SECOND PARTY
……………………………………….
Signature of the THIRD PARTY
……………………………………….
Signature of the Fourth Party
Drafted By:
(Advocate)
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This Memorandum of Family Settlement draft serves as a crucial tool for families seeking peaceful property distribution. By documenting mutual agreements in writing, parties can ensure clarity, prevent future litigation, and safeguard their rights. Always consult a legal professional for customization based on your case.