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  • Format of Counter Affidavit against Special Leave Petition (SLP) under Article 136 of the Constitution of India. Counter affidavit from Respondents

    IN THE SUPREME COURT OF INDIA (CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) NO. _____ OF 20__ IN THE MATTER OF: R K P                                                                         ...PETITIONER VERSUS UNION OF INDIA AND ORS.                                     ...RESPONDENTS COUNTER AFFIDAVIT OF BEHALF OF RESPONDENT NO. 1   I, _____, aged about years, S/o ___________, R/o House No.______________________ _______________, do hereby solemnly state and affirm as under; 1. That I am Respondent No. 1 in the abovementioned Special Leave Appeal and being familiar with the facts and circumstances of the case, hence am competent to swear this Affidavit. 2. That the contents of the present Special Leave Appeal filed by the Appellant (hereinafter referred to as "the Present SLP") has been read over to me in a vernacular language and I have understood the contents thereof, save and except what is specifically admitted herein, no part in the present SLP which is not expressly dealt with shall be deemed to be admitted and I crave Leave to those paragraphs during the course of argument as may be necessary. 3. I Say that the Answering Respondent is filing the instant Counter Affidavit to Present SLP to bring on record correct facts and circumstances of the case. 4. At the outset, I repeat, reiterate, confirm and adopt all that has been stated by Answering Respondent in the Writ Petition (PIL) No. ____ of ____. I say that the omission on my part to deal with any statement or contention made in the present SLP shall not be treated as admission thereof. I hereby deny each and every allegation, contention and submission contained in the present SLP under reply which is contrary to or inconsistent with what is stated by me hereunder. I reserve my right to file further affidavit in the matter if the need arises. I do not admit any of the allegations and contentions made by the Petitioners in the present Special Leave Appeal and deny everything that is stated therein so far as it is contrary to or inconsistent with anything that is stated by me hereinafter. PRELIMINARY SUBMISSIONS 5. That the Present Special Leave Appeal concerns only the direction given by the Hon'ble High Court to CBI to hold a preliminary enquiry into the allegations of corruption against the Petitioner regarding his income and properties owned by him, his kith and kin. The Hon'ble High Court made it clear that when the CBI embarks upon a preliminary enquiry, the Petitioner should not be arrested, but could be interrogated and no case be registered against him. The CBI was directed to hold preliminary enquiry and submit report before the Hon'ble High Court.  6. That the Respondents have not pleaded any facts, or annexed any documents in this affidavit which were not pleaded or were not part of record in the Court below. REPLY ON MERITS 7. The Answering respondent puts in its parawise reply to the petition subject to and without prejudice to the preliminary objections mentioned above: 1. Contents of Para 1 and 1A are matters of record and need no reply. Contents of paras hereinabove are reiterated and reaffirmed. 2. REPLY TO QUESTION OF LAW It is denied that the Present Special Leave Petition raises any question of law much less substantial question of law of general public importance for consideration of this Hon'ble Court and is liable to be dismissed with costs. Without Prejudice the answering respondent submits as under:- A. TO C. The alleged questions of law under reply filed by the petitioner are baseless, misconceived and does not arise for consideration of this Hon'ble Court. D The alleged question of law under reply framed by the Petitioner is baseless, misconceived and does not arise for consideration by this Hon'ble Court.  H The alleged question of law framed by the Petitioner is baseless, misconceived and does not arise for consideration by this Hon'ble court. The Hon'ble High Court has already considered all the facts and circumstances of the case and rightly pronounced its Judgment / Order. 3. Contents of the Para 3 are denied for want of knowledge. 4. Contents of Para 4 need no reply REPLY TO THE GROUNDS 5. Contents of the Para 5 of the petition are misconceived and denied. Parawise reply to the grounds is as under: A, B, C & D Grounds A, B, C & D are misconceived, baseless and denied and the averments made in the paras hereinabove are reiterated and reaffirmed. That the contents of the ground under reply have been replied specifically in the preliminary submissions supra and the same are not repeated herein for the sake of brevity. E. Grounds E is misconceived, baseless and denied and the averments made in the paras hereinabove are reiterated and reaffirmed. That the contents of the ground under reply have been replied specifically in the preliminary submissions supra and the same are not repeated herein for the sake of brevity. 6. REPLY TO GROUNDS FOR INTERIM RELIEF Contents of para 6 are misconceived, baseless, wrong and denied and submissions are in the para hereinabove are reiterated and reaffirmed. A TO J Contents of para A to J are misconceived, baseless, wrong and denied and submissions are in the para hereinabove are reiterated and reaffirmed. It is denied that the alleged petitioner has a prima facie case on merits and is likely to succeed before this Hon'ble Court at all. It is denied that the petitioner would suffer any irreparable loss or injury, as alleged or at all. The balance of convenience is in favour of the respondent. The answering Respondent has good prima-facie case while the petition is only speculative in nature. In view of the abovementioned facts and law, it is respectfully submitted that the Special Leave Petition has no merit and deserves to be dismissed with costs. DEPONENT VERIFICATION: I, the above named Deponent, do hereby verify that the contents of the above Affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed there from. Verified at _____________on this ___ day of ________ 20__. DEPONENT Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)

  • Format of AOR Certificate to be filed with SLP. Advocate on Record certificate for Special Leave Petition in Supreme Court

    IN THE SUPREME COURT OF INDIA UNDER ORDER XXI, RULE 3(1) (a) CIVIL APPELLATE JURISDICTION (UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA) SPECIAL LEAVE PETITION (C) NO. _____OF 20___ BETWEEN: ABCD                                                                     ....PETITIONERVERSUSUNION OF INDIA & Ors.                                         ....RESPONDENTS CERTIFICATE Certified that the Special Leave Petition is confined only to the Pleadings before the High Court whose order is challenged and the other documents relied upon in those proceedings. No additional facts, documents or grounds have been taken therein or relied upon in the Special Leave Petition. It is further certified that the copies of documents/ Annexures attached to the Special Leave Petition are necessary to answer the questions of law raised in the Petition or to make out grounds urged in Special Leave Petition for consideration of this Hon'ble Court. This certificate is given on the basis of the instructions given by the Petitioner whose affidavit is filed in support of the Special Leave Petition. PetitionerThrough: ABC Counsel for the Petitioner Drawn & filed on: _____20__ New Delhi Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)

  • Model Trust Deed for a Private Specific Trust

    Model Trust Deed for a Private Specific Trust Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) MODEL TRUST DEED FOR A PRIVATE SPECIFIC TRUST DEED OF TRUST OF ______________ TRUST THIS DEED OF TRUST made at _______ this day of _______ 2000 BETWEEN _________________ residing at ____________ __________ hereinafter called "the Settlor" (which expression shall unless it is repugnant to the context or meaning thereof be deemed to include his heirs, executors and/or administrators) of the One Part AND (1) -------------------- residing at _____________ AND (2) ------------------ residing at ________________, hereinafter called "the Trustees" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include the survivors of survior of them and the heirs, executors and administrators of the last survivor and the trustees or trustee for the time being of these presents, their, his or her assigns) of the Other Part;       i.        WHEREAS the Settlor is seized and absolutely possessed, inter alia, of an amount of Rs._________/- (Rupees ___________________ only) in cash;      ii.        WHEREAS out of natural love and affection which the Settlor bears towards the beneficiaries (i) ___________________ and (ii) _________________ who are the (relationship) of the Settlor, the Settlor is desirous of settling a sum of Rs._____/- (Rupees _____________ only) upon and subject to the trusts, powers, provisions, agreements and declarations hereinafter declared and contained of and concerning the same and the Settlor has requested the Trustees to act as the Trustees thereof, which the Trustees have consented to do (as is testified by their being parties to and executing this Deed); AND WHEREAS in pursuance of the said desire the Settlor has, prior to the execution hereof, handed over cash of Rs.5,000/- (Rupees five thousand) and a cheque for Rs. _________/- (Rupees ________________ only) to the Trustees and the Trustees have accepted and taken possession of the same and they shall hold the said amount upon the Trusts and with and subject to the powers and provisions hereinafter declared and contained; NOW THIS DEED OF TRUST WITNESSETH as follows:- 1.     The Settlor _________________________has conveyed, transferred and assigned to the Trustees the said amount of Rs. 5,000/- (Rupees five thousand only) in cash and Rs. _________/- (Rupees ______________________ only) by cheque. 2.     The Trust shall be known as "..................." but it may hold assets or carry on business in any suitable name. 3.     The Trustees hereby declare that they the Trustees shall hold and stand possessed of the said property which is referred to as "the Trust property" which expression shall also include cash and any other property and investments of any kind whatsoever into which the same or any part thereof might be converted, invested or varied from time to time or such as may be acquired by the Trustees or come to their hands by virtue of these presents or by operation of law or otherwise howsoever in relation to these presents, upon the Trusts and with and subject to the powers, provisions, agreements and declarations hereinafter declared and contained concerning the same. 4.     The Trustees shall hold and stand possessed of the Trust property upon the following trusts that is to say:- a.     to manage the trust premises or Trust Fund and collect and receive the interest, dividend and other income thereof; b.    to pay and discharge out of the income of the Trust Fund all costs, charges and expenses for collecting and receiving the income of the Trust Fund and all other assets, charges, expenses and outgoings of and incidental to the Trusts created by these presents and administration thereof; c.     to close the accounts of the Trust on the 31st day of March of every year and pay to or accumulate or spend the net income of the Trust among the beneficiaries in the following properties:-                                       i.        %                                      ii.        % 1.     If either of the beneficiaries dies before the determination of this Trust his or her share and interest in the Trust shall devolve upon the survivor and in the event of the death of the survivor before the determination of the Trust it shall devolve upon his legal heirs. a.     The income of the Trust shall be credited to the respective accounts of the beneficiaries. b.    Any amount withdrawn by the beneficiaries or on their behalf shall be debited to the respective accounts of the beneficiaries. c.     The Trustees shall also be entitled to spend any part of the corpus or of the amounts credited to the accounts of the beneficiaries for their maintenance, education and medical relief or for any other benefit of the beneficiary concerned and such amounts shall be debited to the respective accounts of the beneficiaries. d.    The Trust shall be determined when the younger of the beneficiaries attains the age of ...... years or on such earlier date as the Trustees may in their absolute power decide. On the determination of the Trust the corpus of the Trust property shall be divided among the beneficiaries existing at the time according to their shares and if there is no existing beneficiary then to the legal heirs of the beneficiary who dies last. 1.     It is hereby agreed and declared that the Trustees herein appointed or to be appointed in future as hereinafter provided shall manage the trust property and for this purpose they shall have full power at all times to sell, convert, transfer or alienate any one or more of the Trust properties and to convert the proceeds thereof in other properties, securities or investments as they may deem fit. 2.     The Trustees may receive and accept any donations, gifts or bequests from the Settlor or any other person or persons for the purpose of the Trust. The Trustees may also accept deposits or take loans from any person including the Settlor on such terms and conditions as they may deem fit. Without affecting the generality of the powers, provisions and authorities vested in the Trustees under these presents the Trustees' shall have in addition thereto and not in substitution thereof, the following powers and authorities and they shall be entitled to execute all acts, documents and things necessary, ancilliary or incidental thereto, that is to say :- a.     To open banking accounts of the Trust in any bank or banks of repute in the name of the Trust or in the name of any Trustee or Trustees and such bank account may be operated by any one of the Trustees individually. b.    To borrow monies or raise loans and funds required for any purpose, power or provision either directly or indirectly concerned with the objects of this Trust or incidental to these presents from any bank or other person or concern. c.     To draw, make, accept, endorse, discount, execute or issue promissory notes, bills of exchange and other negotiable instruments. d.    To purchase, take on lease or sub-lease, leave and licence basis, co-operative schemes or any other arrangements or in exchange or hire movable or immovable property including residential flats or commercial units and any rights, benefits or privileges which the trustees may think necessary or convenient. e.     To construct, develop, maintain, erect, fabricate and alter any building, structures, industrial estates, factories and storage tanks or works of any nature whatsoever necessary or convenient or as the Trustees may think fit. f.     To sell, improve, manage, develop, exchange, lease, mortgage, pledge, hypothecate, dispose of or turn to account and deal with all or any part of the Trust Fund and premises hereby settled or any part or parts thereof. g.    To organise agencies or officers or to make any other arrangements necessary for conducting and managing the Trust and to appoint such agents and representatives on their behalf as the Trustees may think fit. h.     To purchase on ownership or take on rent or compensation residential flats, business premises, industrial sheds or factory premises, godowns or open plots of land and let out the same on leave and licence or compensation or warehousing charges or storage charges. i.      To carry on any business or businesses including that of import or export of any commodities, import and export and banking or enter into partnership or joint ventures or other arrangements with any other person, firm, body corporate, society, federation, association of individuals or otherwise howsoever for carrying on any business or businesses, industries or commercial activities for and on behalf of the Trust and to appoint any one or more Trustees to be partners, representatives or nominees or nominee for and on behalf of the Trust to carry out or implement any such arrangements. j.      The Trustes shall be entitled to determine whether any money or property shall for the purpose of this Trust be considered as capital or income and whether expenses, outgoings or loans ought to be paid or borne out of the corpus or income and any such determination of the Trustees shall be conclusive. k.     The Trustees may deposit any documents of title or any other papers or documents or certificates held by them relating to any movable or immovable property or relating to the Trust under these presents with any bank or bankers or any other person, firm, or company whatsoever for safe custody and may pay any such charges payable in respect of such deposits. l.      The Trustees instead of acting personally, may employ and pay any agents, person or representative including any bank or insurance company to transact any business or to do any act whatsoever in relation to the Trusts of these presents including the receipt and payment of moneys without being liable for loss and shall be entitled to be allowed and be paid all charges and expenses incurred hereby. m.   The Trustees may from time to time appoint on such terms with or without remuneration as they may determine any immovable or movable property subject to the provisions of this Trust and the Trustees shall have powers to pay them salary, wages, emoluments, fees and remuneration. n.     In the event of the Trustees doing any business or starting an industry or undertaking either themselves or in partnership with others or as joint venture and their incurring any losses thereby, they will be entitled to be reimbursed out of the Trust all losses incurred as well as all costs, charges and expenses incurred by them in starting or defending any proceedings. o.    The Trustees shall have the power to make investments in movable or immovable property, to give loans on interest or otherwise to purchase shares, debentures and other securities, Government bonds etc and to make any other investments as the Trustees in their sole discretion may deem suitable. 1.     In the event of the Trustees purchasing an immovable property or properties out of moneys belonging to the Trust it shall be lawful for the Trustees to repair, pull down, or rebuild them or construct any other buildings or structures out of the corpus of the Trust Fund and to give such properties on lease or tenancy or leave and licence or in any other manner on such terms at such rent or rents and upon such conditions as the Trustees may think fit and to make allowance with tenants and others and the Trustees shall also have the power to condone breaches of covenants and to accept surrender of lease or tenancy etc. and generally shall have all powers of management of such immovable property or properties as absolute owners without being responsible for loss or damage that may happen thereby and it shall be lawful for the Trustees at any time to sell such immovable properties or property or part or parts thereof or easements rights or privileges exercised or enjoyed in, over, for upon or under such immovable property or properties and upon any such exchange to give or receive moneys for equality or exchange. 2.     The Trustees may make any such sale as aforesaid either by public auction or private contract and may make or agree to any stipulations or provisions as to evidence to title or commencement of title or otherwise to any conditions of sale or contract for sale or exchange and may buy in at any sale by auction and rescind or carry any contract and enter into any new contract for any of the purposes aforesaid without being responsible for any loss. The Trustees may execute assurances and give effectual discharge for any such sale or exchange which they may think proper. 3.     In the event of any difference between the Trustees concerning the affairs of the Trust, the decision of the majority of the Trustees shall prevail. 4.     The Trust being established hereby shall be irrevocable and no part of the Trust Fund shall in any circumstances whatsoever be paid or lent to or be applied for the benefit of the Settlor. If the Trust fails or is held to be invalid for any reasons, there shall be no resulting trust in favour of the Settlor but the assets of the Trust shall be divided amongst the beneficiaries in the proportion mentioned in clause (4) above. 5.     Any Trustee for the time being hereof may at any time retire from the Trust on giving not less than one month's notice in writing of his intention to do so to the other Trustees for the time being hereof and upon expiry of such notice the Trustee giving such notice shall cease to be a Trustee of these presents. 6.     Every one of the Trustees for himself doth hereby agree that in the event of his vacation of the office of the Trustee, he shall do all necessary acts, deeds and things for effectively transferring over unto the name/names of the additional Trustees or Trustee the Trust Fund and all costs attending such transfer shall be borne out of the income of the Trust Funds. 7.     It shall be always lawful for the Trustees to appoint any additional Trustees or Trustee of these presents and if the Trustees hereby appointed or any of them or any future Trustee or Trustees hereof shall die or remain abroad for more than 2 years continuously or become bankrupt or insolvent or desire to be discharged or refuse or become unfit or incapable to act or if the Trustees shall be desirous of appointing any additional Trustees or Trustee along with them then in and every such case it shall be lawful for the Trustees or the surviving or continuing Trustees or Trustee for the time being and if there be no surviving or continuing Trustee or the refusing or retiring Trustees or Trustee if unwilling to act and failing them then the heirs, executors or administrators of the last surviving or continuing Trustee/Trustees becoming unfit or incapable to act to appoint a new Trustee or Trustees and upon any such appointment the number of Trustees of these presents shall at no time be less than two nor more than seven and upon every such appointment the Trust property and the Trust Fund thereof shall (if and so far as the nature thereof or the other circumstances so require or admit) be transferred so that the same may be vested in the Trustees or Trustee for the time being and every Trustee so appointed may as well before or after such transfer of the Trust property or funds act and/or assist in the execution of the Trusts and powers of these presents as fully and effectively as if he had been hereby originally constituted as a Trustee hereof. Acceptance in writing by the substituted or additional Trustee or Trustees shall be sufficient to vest the Trust Funds in such Trustees or Trustee. 8.     The Trustee will from time to time decide questions arising with respect to the administration of the Trust and may keep a record by way of minutes of work done and resolutions arrived at by them at their meetings convened or by circular. 9.     In case any Trustee whether present or future, happens to be a professional person he will be entitled to payment of professional fees for work done by him or by a firm in which he is a partner and he shall not be liable to account for any share of profits received by him from the firm. 10.  And it is hereby further agreed and declared that the Trustees for the time being of these presents shall be respectively chargeable only for such Trust Funds and the income including moneys, stocks, funds, shares and securities as they shall respectively actually receive notwithstanding their responsibility and shall be answerable and accountable only for their own acts, receipts, neglects and/or defaults and not for those of the other or others of them nor any banker, broker, auctioneer or agents or any other person or persons into whose hands any Trust Funds or Trust income may be deposited or come nor for lending or any security with less than marketable title nor for the insufficiency or deficiency of any stocks, funds, shares, securities nor any other loss unless the same shall happen through their own wilful defaults or dishonesty respectively and also that the Trustees or Trustee for the time being of these presents may reimburse themselves or himself and pay and discharge out of the Trust Funds and property all expenses incurred in or about the execution of the Trust or powers of these presents. 11.  The Trustees shall have power from time to time to make rules and bye-laws relating to their meetings and conduct of the business and otherwise as to the management of the Trust Fund and from time to time carry out, alter or add to such rules or bye-laws provided however that such rules or bye-laws are not inconsistent with the terms of these presents. IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands the day and year first hereinabove written. SIGNED AND DELIVERED by the                          ) With in named SETTLOR                                       ) Mr.___________                                                   ) in the presence of                                                 ) SIGNED AND DELIVERED by the                          ) With in named TRUSTEES                                    ) (1)___________________ and                              ) (2)                                                                       ) in the presence of                                                )

  • Public Charitable Trust

    Public Charitable Trust Download Word Document In English. (Rs.70/-) Download PDF Document In Marathi. (Rs.60/-) THIS INDENTURE made at Bombay this ------- day of ----------- 1990 BETWEEN ____________________ called "the Settlor" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include his heirs, executors or administrator) of the One Part AND (1) ____________________ AND (2) _______________________ hereinafter called "the Trustees" (which expression shall unless repugnant to the context or meaning thereof be deemed to include the survivor of them and the Trustees or Trustee for the time being of these presents and the heirs, executors and administrators of the last surviving Trustee their, his or her assigns) of the second Part; WHEREAS the 'Settlor' is desirous of settling for Public Charitable purpose a sum of Rs. _____(Rupees _________________only); AND WHEREAS the Trustees have agreed to act as the Managing Trustees for life of the said Trust; NOW THIS INDENTURE WITNESSEH that with a view to perpetuate the said desire and in consideration of the premises and for other diverse good causes and consideration him thereunto moving he the 'Settlor' doth hereby grant, assign transfer and hand over to the Trustees and the Trustees do hereby accept and take possession of the said sum of Rs. -------/- Rupees ---------- only) (hereinafter for brevity's sake called "the Trust Estate" which expression shall include all accretions thereto by way of donations or otherwise and the investments for the time being representing the same) to HOLD the Trust Estate upon the trusts and with and subject to the powers, provisions, agreements and declarations hereinafter contained of and concerning the same i.e. a.     for relief of the poor b.    education c.     Medical relief d.    the advancement of any other object of general public utility; e.     to collect and receive funds and donations for the above objects, f.     to do all acts, deeds and things as are incidental and conducive to the furtherance of the above objects. AND IT IS HEREBY DECLARED that the charitable objects hereinabove mentioned shall not be limited or restricted to any particular caste or creed and will not involve any element of profit making. AND IT IS HEREBY FURTHER DECLARED THAT THE Trustees shall be entitled to utilise and disburse either the net income of the Trust Estate and/or parts of the corpus thereof for maintaining and/or conducting establishments for the charitable purposes and trusts hereinabove set out; 1.     The Trustees shall have power and shall be entitled to collect, recover and receive dividends, rents and profits and other income of the Trust Estate (hereinafter referred to as `as the Trust income`) and to pay there out all taxes, rates, assessments, expenses and outgoings for collection in respect thereof and for the management of the Trust Estate and for administering and carrying out the Trust hereof. 2.     The Trustees shall be entitled from time to time to accept from any person or persons desiring to make gifts or donations upon the trusts and subject to the terms, provisions and powers and conditions contained herein, such moneys or properties as the Donors desire from time to time to give on the aforesaid trusts and on the terms and conditions herein contained. 3.     The Trust hereby declared shall be designated as ----------------. 4.     The Registered Office of the Trust shall be at ----------------------. 5.     The Trusts hereby declared shall be irrevocable. 6.     It shall be lawful for the Trustees at any time and from time to time to borrow moneys as well as to sell, mortgage, assign, transfer, demise or let on lease for any period however long or otherwise dispose of and deal with the Trust Estate including any immovable properties comprised therein or any part thereof either by publication or by  private contract and on such terms and conditions as they the Trustees think fit with liberty to the Trustees to buy in rescind or vary any contracts for sale, mortgage, transfer, assignment, lease or other disposition as aforesaid and to resell the same or enter into a fresh contract for transfer, assignment, lease or other dispositions without being answerable for any loss occasioned thereby and with power also to execute all necessary assignments, conveyances, mortgages, transfers, leases, sub-leases and their counter-parts, and other deeds and assurances for the same and to give receipts and discharges for the consideration moneys and all other moneys. All moneys arising from any such sale, mortgage, transfer or other dispositions shall be deemed to be part of the Trust Estate and shall be dealt with accordingly. 7.     The receipt of the Trustees for the purchase money of any property hereby directed or authorised to be sold, or for any other moneys, stocks, funds, shares, securities or investments paid, delivered or transferred to them or him by virtue of these presents or in the execution of the Trusts or powers hereof shall effectually discharge the person or persons paying, delivering or transferring the same therefrom and/or from being bound to see to the application or being answerable for the loss or mis-application thereof. 8.     The Trustees for the time being of these presents shall be respectively chargeable only for such moneys and securities as they shall respectively actually receive, notwithstanding their signing any receipt for the sake of conformity and shall respectively be answerable and responsible only for their own respective acts, receipts, omissions, neglect and defaults and not for those of each other, nor for that of any banker, broker, auctioneer, or other person with whom or into whose hands any trust moneys or securities shall be deposited or come, nor the insufficiency in title or deficiency in value of any investments nor any other loss, unless the same shall happen through their own willful default respectively AND ALSO that  the Trustees or Trustee for the time being may reimburse themselves, herself or himself or pay and discharge out of the Trust estate all expenses incurred in or about the execution of the Trusts or powers under these presents. 9.     The Trustees for the time being of these presents shall have full power to compromise or compound all actions suits and other proceedings and all differences and demands and to adjust, settle and approve all accounts relating to the Trust Estate and to execute, release and to do all other things relating thereto without being answerable or accountable for any loss occasioned thereby. 10.  The Trustees shall be entitled to employ any person or persons and pay them remuneration for the effective management and implementation of the Trust, including expert and technical qualified or experienced personnel. 11.  If and so often as any of the Trustees hereunder appointed or any future Trustees or Trustee of these presents shall die or shall leave India for more than one year or shall desire to retire from or refuse or become incapable to act in the Trust of these presents or otherwise, it shall be lawful for the surviving or continuing Trustees for the time being of these presents for this purpose to act in the execution of this power or for the proving executors or administrators of the last surviving Trustees to appoint a new Trustee or Trustees in place of the Trustee or Trustees so dying or leaving India or desiring to retire from the Trust or otherwise to appoint new or additional Trustees or Trustee and upon every or any such appointment the number of Trustees may be augmented or reduced and upon every such appointment the Trust Estate shall be transferred so that the same be vested in the Trustee or Trustees for the time being of these presents AND the Trustee or Trustees so appointed as aforesaid may as well before or after such transfer of the Trust Estate, act or assist in the Execution of the Trusts and powers of these presents as fully and effectually as if he / they had been hereby appointed as Trustee or Trustees PROVIDED THAT the number of Trustees of these presents shall not be less than two nor more than, seven PROVIDED HOWEVER AND IS HEREBY AGREED and declared for the sake of  clarification that the present Trustees who have executed these presents shall remain Trustees during their lifetime or until such time as they retire or become disqualified to act as such. 12.  Any Trustee may at any time resign by giving a month's notice to his co-trustees and upon expiry of such period, he shall be deemed to have vacated his office. 13.  The Trustees shall have the right to make necessary resolutions by circulars instead of by meeting and any resolutions as agreed to by a majority of the Trustees shall be as valid and effectual as a resolution of the Trustees at a meeting duly convened. 14.  The Trustees shall determine all questions and matters of doubt in the execution of the Trusts, including the meaning and construction of any of the articles and provisions herein contained and do all acts and execute all the trusts, powers and authorities appertaining to these presents unanimously, and in case of disagreement, by majority, each Trustee shall have one vote only. The Trustees shall be at liberty to make rules or bye-laws which are not inconsistent with what is herein contained. 15.  For the purpose mentioned above or any of them, the Trustees shall be at liberty to enter into, sign, execute and deliver all such contracts, deeds, assurances and writings as they may deem necessary or expedient. The Trustees shall also be entitled in incur all legitimate expenses which they consider to be beneficial to and in the interests of the Trust. 16.  The Trustees shall be entitled to invest the Trust estate or such other funds of the Trust as are not immediately required, in any of the investments authorised by the Bombay Public Trusts Act, 1950 and/or the statutory amendments, modifications or reenactment thereof for the time being in force or the rules made there under and the Trustees shall also be at liberty to invest the Trust Estate or any part thereof on the mortgage of any immovable property situated in any part of the Republic of India (either of freehold or leasehold or any other tenure) and the Trustees shall also be entitled to purchase  vacant land of any tenure and to construct buildings and other structures thereon as the Trustees may consider necessary and in the interest of the Trust and they shall also be entitled to pull down and demolish to rebuild any building or erection as they may consider  necessary and in the interest of the Trust AND the Trustees shall have power to alter, vary or transfer the investments from time to time in such manner as the Trustees may think fit proper and in the interests of the Trust. 17.  The Trustees shall be entitled to obtain tenancy in and/or take on lease any premises and/or properties as they may consider proper, and also give them on leave and licence and receive deposits and/or advance compensation. 18.  Complete accounts of the Trust shall be properly kept in Bombay, or at such other place or places as the Trustees may from time to time decide and all the accounts, records, and documents of the trust shall be maintained at the office of the Trust. The accounts of the Trust shall be duly audited. 19.  The Trustees shall be entitled to open and maintain bank account or accounts as they may consider necessary or proper and such account or accounts may be operated on the signatures of any of two of the Trustees. IN WITNESS WHEREOF the Settlor and the Trustees have hereunto set and subscribed their respective hands the day and year first hereinabove written. SIGNED AND DELIVERED by the within- named Settlor.................... in the presence of SIGNED AND DELIVERED by the within- named Trustees  (1)............... ......... and  (2).............. ............ in the presence of

  • Deed of Family Trust

    Deed of Family Trust This Deed of Trust made at.......................... this.......................... day of................ between (1)......................... (2)............................... (3)....................... (4).................... (5)................................ (6).................... (7)..................... all of..................... hereinafter referred to as the SETTLORS of the One Part and (I)................ (2)................... (3)..................... hereinafter referred to as the Trustees of the other part. WHEREAS 1.     The settlors are the erstwhile members of a Joint family consisting of..............,.............. &............. as brothers and the remaining............. to............. as their respective sons and grandsons, all being majors and they are the only members of the family apart from their respective wives. 2.     The said Joint Family owns an ancestral House together with the land apartment in village/town of................. in Dist............ in State of......................... 3.     ................,............... &............... and their respective sons and grandsons are living separate at different Towns/Cities and earning in their own way independently and have their respective properties 4.     The said Family House is the only common property belonging to the said family 5.     The said house cannot be physically divided and partitioned and the parties also do not propose to do so nor do the settlers desire to sell the same but desire to keep and preserve it as a common unit and as a memorial of the ancestors and also to avoid any dispute regarding the same among the members of the said family. 6.     The said family has a family Deity of Goddess............... and the family has installed the same in one of the rooms of the said house. 7.     The Settlers have therefore proposed to dedicate the said house and premises to the said Deity and to continue to worship the same and with these objects they have decided to create a private Trust of the said property. 8.     The Settlers have also collected a Fund of Rs............... as the initial fund or Corpus to meet the expenses of maintaining the said house and to worship the said idol. 9.     It is proposed that...........,...........,..........., will act as the first Trustees of the Trust and the settlers have proposed to transfer the said property to...........,........... &........... as Trustees to hold the property for the benefit of the said family in the manner aforesaid. NOW this Deed witnesseth that pursuant to the said desire of the settlers and in the premises aforesaid the settlers do and each of them doth hereby grant and transfer the said house with the land appurtenant thereto situate at........... and more particularly described in the Schedule hereunder written and all the rights liberties, privileges and easements appurtenant to the said house and the land and all the estate right, title and interest of the settlers in or to the said property hereby granted unto the Trustees and also transfer the Fund of Rs............ Collected by the settlers TO HOLD the same to the use of and on the terms Herein below mentioned and with all the powers and provisions herein contained subject however to the payment of all taxes and other public dues payable to the Government or any local authority in respect of the family house and the land. 1.     This Trust will be known as............................................................ Family Trust. 2.     The Trustees will protect, preserve and worship the idol of Goddess.............installed in the said house and for that purpose make all arrangements for the same and appoint a PUJARI if available. 3.     The Trustees shall invest the said Fund or Corpus hereinafter referred to as the Trust Fund(which will include also all the contributions made by the members of the family from time to time and all other moneys received by the Trustees by way of gifts, donations or otherwise) in authorized securities and spend the income realized there from in the maintenance of the said property and in the worship of the said Deity. 4.     The Trustees will arrange and carry out the daily worship of the said deity as far as possible and shall hold the necessary religious Festivals or functions according to the custom of the family thereto followed. 5.     The Trustees will be entitled to collect or receive from the members of the family for the time being or any of them such periodical payments or occasional donations so as to increase the Corpus of the Trust Fund and will also be entitled to receive donations or gifts from others without creating or agreeing to create in them any right or privilege in respect of the trust property or Trust Fund or in the management of the Trust. 6.     The Trustees will be entitled to carry out necessary repairs or renovations to the said property so as to preserve the same in good condition and also to provide all necessary amenities for reasonably comfortable living in the said house to the extent the income of the Trust Fund permits. 7.     Any member of the Family will be entitled to occasionally stay in the said family house or any part thereof free of any charges, such stay not extending beyond a month continuously except in any exceptional circumstances as the Trustees may think proper. In the event of more than one member and his family desiring to occupy the said house at the same time the Trustees shall decide as to who should be given preference and what should be done for convenience of both and their decision shall be final. However the expenses for living will be borne by the member occupying the same and not by trust, The object of this provision is that the house should be available for temporary use and occupation by any member of the family and which use and occasion will also help in the upkeep and preservation of the house. 8.     The Trustees shall not make any substantial changes in the house or additions thereto except with the consent of all the major members of the different branches of the said family for the time being. 9.     The Trustees shall not be entitled to sell the said house property or any part thereof nor to mortgage the same or to let out any portion thereof. 10.  The Trustees will be entitled to engage a permanent or occasional watchman to safeguard the property from encroachments or any damage to the property and pay his salary out of the income of the Trust Fund. 11.  The number of trustees of this Trust will be minimum three and maximum five and the Trustee for the time being will be entitled to appoint any additional trustee so that the total number does not exceed five. The Trustees of the trust to be appointed in future will always be from among the members of the said family fit to be appointed and not any outsider. 12.  If any of the trustees for the time being dies or is disqualified to be a trustee for any reason prescribed by law, the remaining trustees will be entitled to appoint a new Trustee in his place and the Trust Property and Trust Fund will be transferred to his name along with the other Trustees as and in the manner required by law. 13.  The Trustee shall open one or more accounts in one or more banks in their names and such account will be operated by any two of the Trustees. All moneys received will be credited to such accounts and such amount as may not be required for immediate expenses can be invested in temporary deposits with any of the Banks. 14.  The Trustees shall have all other powers as are conferred on a Trustee by law. 15.  The Trustees shall keep accounts of the Trust Funds and the same shall be made available for inspection by any member of the family as and when required. 16.  The senior most Trustee in age will act as a managing Trustee and will be in charge of the day to day management of the trust. However all policy decisions and any item of work involving an expenditure of more than Rs.........../- will have to be approved by all the trustees or a majority of them in any meeting called for that purpose or by circulating resolution. The Trustees will keep written minutes of the meetings held and decisions taken. Any one Trustee can call a meeting of the Trustees as and when occasion arises. 17.  If for any reason or under any circumstances the trustees unanimously think that it is impossible to carry on with the Trust, they will be entitled to revoke the same and shall be entitled to deal with and dispose the Trust property and the Trust Fund as the majority of the members of the said family for the time being will agree to, failing which the Trustees will be entitled to apply to the competent Court of law for necessary directions. IN WITNESS WHEREOF THE SETTLORS AND THE TRUSTEES HAVE PUT THEIR HANDS THE DAY AND YEAR FIRST HEREUNDER WRITTEN THE SCHEDULE ABOVE REFERRED TO Signed by the within named Settlors..................... ..................., ..................., ..................., ..................., ...................., .................., .............................., ..................., ..............., in the presence of............ Signed by the within named Trustees.................... ..................., ................... & in the presence of............ Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • Declaration of Trust (Public)

    Declaration of Trust (Public) Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) Model Trust Deed for a Public Trust (Having the appearance of a social organization) This Deed of Declaration of Trust is made at.............. this........ day of...............20.......,by M/s. (1).....................(2)...................... (3)...................... (4)..................... (5).................... all of......................Indian Inhabitants, hereinafter referred to as `The Trustees' (which expression shall be deemed to mean and include, the survivors or survivor of them and the heirs, executors and administrators of the last survivor of them Trustees or Trustee of the Trust hereby created) as follows: WHEREAS: 1.     The Trustees are possessed jointly of a sum of Rs....... 2.     The Trustees desire to hold the said amount and all other amounts and other property, whether moveable or immoveable, including the investments by way of shares, fixed deposits, Government securities, bonds or debentures or in any other form that the Trustees may receive and hold by way of acquisition, donations, gifts or otherwise howsoever (hereinafter referred to as the Trust Fund) upon the Trusts and for the objects hereinafter mentioned. NOW THIS DEED WITNESSETH as follows: - The Trustees declare that they shall hereafter hold the said amount of Rs....... and the Trust Fund mentioned above for the time being on the Trusts for carrying out the objects and on and subject to the powers, provisions, terms and conditions hereinafter mentioned. 1.     This Trust shall be known as "......................................... " 2.     The area of operation of the Trust will be the whole of India but preferably in the State of........ and particularly within the limits of..... Municipal Corporation. 3.     The Principal Office of the Trust will be situated at such a place as the Trustees may decide. The Trustees may open branches or local offices at different places within the area of operation. 4.     The principal object of the Trust is to carry on cultural and charitable activities conducive to the secular character of the Indian Nation and to the advancement of national integrity, patriotism and discipline. For the purpose of or towards achieving the above principal object, the Trust shall have the following particular objects: a.     To advance the cause of Indian music & dance in all forms, both Hindustani and Karnataka by holding music and dance programmes regularly or occasionally, particularly of nonprofessional artists, by conducting music and dance classes, schools or colleges and imparting the knowledge of music and dance by holding lectures, seminars, conferences on music and dance and by doing all other acts and things in the cause of music and dance being the arts which have a great cementing force among all people irrespective of caste, creed or religion and which are powerful organs or agents in the achievement of national integrity and secularism. b.    To write through or with the help of literary persons, of different aptitudes or classes, plays in..... and other languages on different topics, to translate plays written in different languages into other languages, or to convert plays or dramas into short plays or episodes or T.V. or Radio plays. c.     To stage dramas in all forms by amateur artists or professionals, in different languages including all types of rural arts. d.    To conduct classes or courses for the development of dramatic arts, including acting, stage settings and decorations, face painting or make-up. e.     To hold meetings, conferences, seminars, discussions on different and current social subjects or events other than political. f.     To help and encourage writing literary works, to conduct mobile or other libraries of books and periodicals and to advance the habit of reading and writing, and literacy in general. g.    To carry on activities helpful to the society in general and to any individual or individuals in particular in the field of medical help, education, calamities, social awareness. h.     To hold inter-State dialogues or meetings of artists, scholars, philosophers, technicians in different cultural scientific & philosophical subjects. i.      To produce documentary films on social and cultural subjects and to exhibit them through T.V. or in social functions and at other places. j.      To establish a mini-academy to carry out any one or more of the above mentioned objects. k.     To form a nucleus or platform of universal brotherhood without distinction of race, creed, sex, caste or colour. l.      To encourage the study of comparative religion and science. m.   To investigate or do research in the unexplained laws of nature and the mysteries of the universe on logical or scientific basis. n.     To do all other acts and things as are conducive or helpful to the advancement and fulfillment of the principal and other objects above-mentioned. 5.     The trustees shall have power to appoint an advisory committee of not more than ten persons which can be dissolved and reappointed from time to time as the Trustees may think fit. The members of the Advisory Committee will generally be those who are well-known in the public by reason of their scholarship, profession, eminence in different fields of art; philosophy, science and technology. 6.     The functions of the Advisory Committee will be to advise the Trustees on the subjects of activity of the Trust or any projects undertaken or proposed to be undertaken by the Trust, to express opinion on any question referred to them by the Trustees, to make suggestions and to give instructions on the activities of the Trust and generally to guide the trustees. The decisions, suggestions or proposals made by the Advisory Committee will be of a recommendatory nature. The members of the Advisory Committee will not be considered as trustees of this Trust. 7.     If any person ceases to be a member of the Advisory Committee by reason of resignation, death or otherwise his place may be filled in by the Trustees. The Trustees will have power to omit or remove any member of the Advisory Committee if the Trustees so think fit for any reason, without being bound to disclose the same. 8.     The Trustees will appoint one of the members of the Advisory Committee as Chairman and one of them as Secretary. The Chairman will preside over all the meetings of the Advisory Committee. In the absence of the Chairman at any meeting, the members the present can nominate any of them as the Chairman of that meeting. All decisions of the Advisory Committee will be taken by majority and in the event of equality of votes, the Chairman of the meeting will have a casting or additional vote. The meetings of the Advisory Committee will be called by the Secretary as and when required by the Trustees. The Secretary will keep a minute book wherein will be recorded all the minutes of the meetings including the decisions taken and the minutes will be confirmed in the same meeting or in the subsequent meeting of the Committee. 9.     Trustees or any one or more of them nominated by the Trustees shall be ex-officio members of the Advisory Committee. 10.  The Trustees shall also have power to appoint one or more committees, to be called Executive Committees, to carry out one or more of the objects and activities of the Trust. Any one or more of the Trustees as may be nominated by the Trustees shall be ex-officio members of each of such Committees. 11.  The functions of each such Committee will be such as will be assigned by the Trustees from time to time. The Committee will be in full charge of the function or activity or any project assigned to the Committee and shall execute the same in the interest of the Trust but subject to such directions or limitations as may be given or prescribed by the Trustees. 12.  Each Executive Committee shall consist of not less than three and not more than five persons nominated by the Trustees. Each such Committee will elect its Chairman and Secretary. The Chairman will preside over the meetings but in his absence, the members present will appoint any one of them present as Chairman. The Secretary of each Committee will call the meetings of the Committee from time to time as required by the Trustees or the Chairman or the Secretary himself and he shall keep record of all such meetings and the business transacted therein. The Committee may distribute the work assigned to them among its members for executing the same. 13.  The Trustees will have the right to dissolve any Executive Committee as and when they think fit. If any vacancy occurs in any Executive Committee by reason of resignation, death or otherwise, the same may be filled in by the Trustees. 14.  The Trustees shall have also the power to constitute a. body or association of persons who will be either professional or amateur artists, in the fields of music, drama, dance, painting etc. or who will be persons belonging to other professions like lawyers, doctors, architects, accountants, or industrialists, businessmen or social workers or who will be scientists, philosophers, literary writers, historians or otherwise eminent or famous in other walks of life, with a view to involve them and to enable them to participate in the activities of the Trust. Every person desiring to join such body or association shall apply to be a member of the body or association in the form prescribed by the Trustees and each such person will agree to pay a subscription as may be prescribed by the Trustees from time to time. Such subscription will be treated as a donation to the Trust fund. A person who fails to pay such subscription for more than three months since the time it becomes due, shall cease to be a member of the body or association unless the Trustees condone the delay in payment. Any such person may also resign from the body or association if he or she so chooses. Such persons shall be eligible to participate in the activities of the Trust as and when required by the Trustees or by any Executive Committee but without any compulsion. The Trustees may call meetings of such body or association as and when required to discuss any question or topic generally or specifically and each member will be entitled to participate in such meeting and express his or her views. However, no decision or consensus of that body on any question will be binding on the Trustees. The Trustees shall maintain a register of such members and an account of the subscription or donation paid by them from time to time. Such body or association will be considered as an ad-hoc body or association associated with the Trust and not as an independent or separate entity. 15.  The Trustees will sanction and make available to any Executive Committee such funds as may be sanctioned by the Trustees for any activity or programme to be executed by the Committee. The Secretary of the Committee will keep accounts of such sanctioned amount and submit the same to the Trustees from time to time or whenever required by the trustees. If any amount, more than the sanctioned amount, is required, the committee concerned will obtain the approval thereto of the Trustees in advance and the Trustees shall make available such additional amount as and when required. 16.  The Secretaries of the Advisory Committee and of the Executive committee or Committees shall submit the reports of meetings of their respective Committees of which they are Secretaries from time to time or as and when required by the Trustees. 17.  The Members of the Advisory Committee or any Executive Committee will work in honorary capacity, but the Trustees will have power in any given case to pay an honorarium to any one or more or all members of any committee as the Trustees may think fit. All other expenses actually incurred by any Committee within the sanctioned limit will be disbursed out of the Trust Funds. 18.  The Trustees will be entitled to delegate any of the powers of the Trustees under this Deed or in Law to any Executive Committee subject to such conditions as the Trustees may think fit. 19.  The Trustees shall invest the Trust Funds in authorized Trust securities including bank deposits, or deposits or debentures of public undertakings but not in shares or debentures of any other Commercial Companies and the income raised from such securities only will be used in carrying out the objects of the Trusts. The Trustees will have power to change the investments from time to time as may be beneficial to the Trust. 20.  The Trustees shall have the following powers: a.     To receive donations or gifts in money or in kind on such conditions as the trustees may agree upon and which are not inconsistent with the objects of this Trust. b.    To acquire any immoveable or moveable property, required for carrying out the objects of the Trust, by way of purchase, lease, gift, construction or on leave License basis or otherwise howsoever. c.     To sell any immoveable property or any part thereof or give on lease any property or any part or parts thereof not required for carrying out the objects of the Trusts, subject however to the permission of any authority if required by law. 21.  The number of Trustees shall be not less than three and not more than nine. In the event of any trustee ceasing to be a Trustee by reason of death, resignation or physical or mental incapacity or otherwise, the remaining trustees shall have power to appoint any other person in his place as trustee and on such appointment all the Trust Fund will vest in him along with other trustees. 22.  The Trustees shall not be entitled to any remuneration or to pay any remuneration to any person for acting as Trustee out of the Trust Fund. 23.  The Trustees shall keep and maintain proper and regular accounts of the Trust Fund and of the income and expenditure and shall get the accounts audited by a duly qualified auditor to be appointed by the Trustees and the audited annual Balance Sheet and the Income and Expenditure Accounts or Receipts and Payment Accounts shall be finally approved and passed by the Trustees at one of their ordinary meetings and shall be filed with any Authority appointed under any Law. All the audited Statements of Accounts of the Trust namely the Balance Sheet and Receipt and Expenditure account shall also be placed before the meeting of the Trustees for approval. 24.  All accounts in the Banks shall be maintained in the name of the Trust or the Trustees and will be operated by any two or more trustees as may be decided by them from time to time. 25.  The Trustees shall maintain a register of the Trust Fund and its investments and shall keep it up to-date by making additions to or alterations in the same as and when new investments are purchased or acquired or disposed of by the Trustees. The Trustees shall physically verify the list or register at least once a year. 26.  The Trustees will have following additional Powers: a.     To appoint an Advisor or a Board of Advisors to advise the Trustees in the formulation of general policies or in such other matters as are referred to them, provided however that, it shall be open to the Trustees to accept or not their advice wholly, partly or to reject it. b.    To sanction recurring expenses from month to month. c.     To sanction expenditure on non-recurring items in any year. (d) To institute, defend or compromise legal proceedings on behalf of the Trust, if and when necessary. d.    To invest, dispose of, transfer or otherwise deal with the funds of the Trust subject to the provisions of any law to that effect in such manner as the Trustees shall deem fit, so as to enable them to carry out the objects of the Trust effectively. e.     And generally to do any other acts or act not mentioned above that may be necessary in the discharge of their duties and execution of the powers vested in the Trustees. 27.  The Trustees shall be chargeable only for such moneys, stocks, securities and other property as the Trustees shall actually receive notwithstanding their signing receipt or cheque for the sake of conformity and shall not be answerable and accountable or responsible for the acts, receipts, omissions, commissions, neglects and defaults of bankers, brokers, auctioneers, advocates or other persons with whom or into whose hands any trust moneys or securities may be deposited or for any other loss unless the same shall happen through his own negligence, willful default or omission, breach of Trust, misapplication or misconduct. 28.  The Trustees may reimburse themselves or pay and discharge out of the Trust Fund all expenses properly incurred in or about the execution of the Trusts/or Powers under this Trust or any of them. Provided, however, that this right and/or power of reimbursement shall not be operative in case of a Trustee held liable for the loss caused to the Trust for his acts of commissions or omissions. 29.  The Trustees shall have power from time to time to frame rules and regulations as they may think fit and proper for the administration and carrying into effect the provisions of this Trust and to provide for the Management of the Trust Fund and also from time to time alter any such rules and regulations or to repeal any of them and substitute others in their place, provided always that, no such rules or regulations as framed or subsequently amended shall in any manner be inconsistent with any of the provisions of this Declaration of Trust. 30.  In all cases in which it is found necessary or desirable to amend, alter to or add to this Trust or any Clause hereof, to seek advice or any other directions on any question of conduct or administration or Management of this Trust, the Trustees shall have the right under this Trust to apply to any statutory authority or a court of law 31.  The Trustee shall take steps immediately after the execution of these presents to register this Trust with authority appointed by any Act, governing public charities. 32.  If this Trust ceases to function by reason of there being no trustees existing or the Trustees not carrying the objects of the Trust, or for any other reason, then with the approval of any prescribed authority or a court of law and on the application of any person connected with or interested in this Trust, the Trust Fund of the Trust then existing shall be transferred to any public Trust existing and functioning as such authority or court may think fit. IN WITNESS WHEREOF the Trustees have put their respective hands on the day and year first hereinabove written. Signed by the within named) Dilatants /Trustees) 1.       2.       3.       4.       5.       in the presence of)

  • Charitable Trust

    Charitable Trust The purpose for creating this trust is to promote ________________________________ I,  ___________, trustor, create a trust fund of the property listed in Schedule A attached and incorporated by this reference, which I have delivered today to ____________. I hereby give, transfer, and deliver the property described in Schedule A to the trustees in trust for the purposes stated. The name of this trust shall be the _____________. Trustor and Trustee, hereby agree as follows: TRANSFER OF CORPUS Trustor hereby gives and transfers to trustees the property described in the attached schedule together with its income and profits and any other sums that may be transferred to trustees or their successors pursuant to the terms of this agreement, to hold in trust for the uses and purposes set forth in this agreement. INVESTMENT AND APPLICATION OF TRUST FUND AND INCOME The trustees shall hold the trust fund and, in their discretion, invest it or parts of it in securities in which trustees are permitted to invest under applicable laws.  The trustees from time to time in their own discretion may invest the income to the charitable uses and purposes described above solely by means of contributions to any charitable corporation, trust, community chest, fund, or foundation which at the time of the contribution by the trustees is one of those organizations described in the IRS Code of the United States, contributions to which are deductible for income tax purposes. Trustees shall make distributions at such times and in a manner as not to subject the trust to tax and shall not act in any self-dealing as described in Section 4941 of the Internal Revenue Code. Trustees shall not retain any excess business holdings as defined in Section 4943 of the Internal Revenue Code and shall not make any investments as defined in Section 4944 of the Internal Revenue Code nor make any taxable expenditure, which would subject the trust or corporate trustee to tax under Section 4945 of the Internal Revenue Code. RESTRICTIONS ON USE OF TRUST FUND The trust fund and the income of the trust fund shall be used only for the purposes described above and shall not be used to benefit or inure any private person or corporation, except for the corporate trustee. No part of this trust shall be used for political purposes. ADDITIONAL GIFTS TO FUND Anyone from time to time may contribute to the trust corpus money or property to the trust, subject to the approval of the trustees. TRUSTEES ACTIONS The trustees shall not be responsible for any error or decision which is absent of bad faith. TRUSTEES COMPENSATION The corporate trustee shall be reimbursed from time to time as decided by the trustor and be paid by the trust. All expenses incurred through the administration of the trust fund shall be paid by the Trustor. The individual trustees shall serve without compensation. DECISIONS OF THE TRUST Any action by the trustees must be in writing and signed by a majority of the trustees and shall be filed with the corporate trustee. CONTROL OF FUNDS The corporate trustee shall have exclusive custody of the securities, cash, and other property of the trust fund. SUCESSION OF TRUSTEES In the case of a death or resignation of one of the trustees, the successor shall be appointed by the remaining trustees. The remaining trustees shall have full power to act under this agreement until a new trustee is appointed. GIFTS IRREVOCABLE Gifts made into the trust under this agreement shall be irrevocable. If it is determined that this trust is not tax exempt after making contributions or gifts in the manner and to the extent provided by the Internal Revenue Code, then such gifts as remain in the fund shall be given to a qualified tax exempt charitable organization selected by trustees to best carry out the purpose of this trust. This trust shall thereupon terminate. _____________________________TRUSTOR _____________________________TRUSTEE Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.10/-)

  • Deed of Private Trust

    Deed of Private Trust Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.40/) THIS DEED OF TRUST is made at........ this........ day of........ between A of........ hereinafter referred to as "the Settlor", of the One Part and (1)X, (2) Y and (3) Z all of......... Indian inhabitants, hereinafter referred to as the Trustees' of the Other Part, WHEREAS- 1.     The Settlor is possessed of a sum of Rs......... (Rupees.........) and he desires to settle the said amount on trusts hereinafter appearing for the benefit of his wife and children. 2.     The Trustees have at the request of the Settlor agreed to act as the First Trustees of the said Trusts and of these presents. 3.     The Settlor has prior to the execution of these presents transferred the said amount to the Trustees to be held by the Trustees on trusts and subject to the powers and other provisions hereinafter contained. 1.     NOW THIS DEED WITNESSETH that in consideration of the premises and in order to effectuate the said desire of the Settlor and for diverse other good causes and considerations, the Settlor doth hereby transfer and shall be deemed to have transferred unto the Turstees the said sum of Rs........ To Have And To Hold the said sum (hereinafter mentioned as'the Trust Fund') unto the Trustees to the use and upon the Trusts and with and subject to the powers, provisions, agreements and declarations hereinafter declared and contained of and concerning the same. 2.     2. The expression "Trust Fund" hereinafter appearing shall mean and shall be deemed to Include the said amount ofRs,....... as well as all other sums, and any property, moveable and immoveable that the Trustees may receive from the Settlor or any other person or hold, by way of purchase or any other mode of transfer or grant or acquisition or by way of interest accrued on Trust Fund and dividends, rents, or other income and other accumulations howsoever made and investments representing the Trust Fund for the time being and from time to time. 3.     3. The Trustees shall invest the Trust Funds in any of the investments hereinafter mentioned and shall collect or receive the interest, dividends, rents, profits and other income accruing on such investments from time to time and out of such gross income the trustees shall deduct the following expenses- a.     The costs, charges and expenses incurred for recovering or receiving such income from the investments. b.    The wages and salaries of any employees engaged for managing the Trust Fund or property. c.     If the Trust Fund is invested in an immoveable property or properties or the trustees hold any such property then                                               i.                the expenses by way of payment of taxes, cesses, assessments,dues and duties payable to the Government or any local authority or public body in respect thereof,                                              ii.                the expenses for carrying usual tenantable repairs, additions or alterations to such property and keeping it in good condition,                                             iii.                the expenses of insurance premium on policies obtained against any risk to such properties,                                             iv.                fees payable to any architect, legal adviser or other professional person in connection with such property,                                              v.                all other costs, charges and expenses for the management of the trust fund or property not specifically mentioned. 4.     After deducting or setting apart the expenses mentioned in clause 3 above from the gross income of the trusts fund the net income from the Trust Fund will be paid to........ the wife of the settlor for being utilised for the maintenance and residence of herself and for the maintenance, residence and education of the settlor's sons and unmarried daughters who are minors viz........, On payment of such net income the trustees shall not be entitled or bound to ask the said Mrs........for the account of the amount so paid. 5.     On the death of the said Mrs......... or in the event of the said Mrs........ surviving the settlor and thereafter remarrying, the income shall be utilised or spent by the Trustees for the maintenance and education of the said children of the settlor until the youngest of them attains majority. If the settlor is then alive the net income shall be given to him as their natural guardian for the maintenance and education of his said children. 6.     If the minors or any of them are looked after by any de facto guardian of the said minors, after the death or remarriage of the said Mrs......... as aforesaid and the trustees are satisfied about the bona fides of such guardian, the Trustees will be entitled to hand over the net income to such guardian for the maintenance and education of the said minors provided that the Trustees will do so only if such guardian agrees to render account of the moneys so paid to him from time to time. If the Trustees are not satisfied with the bona fides of such de facto guardian they should apply to the proper court for appointment of some fit and proper person to be the legal guardian of the minors and on such appointment the trustees shall pay the net income to such guardian (even if the de facto guardian is so appointed) for the maintenance and education of the said minors. 7.     On the youngest of the said children attaining majority, the trustees shall hand over and transfer the trust fund then existing to the said children as tenants in common in equal shares provided that, if the Trust Fund then existing does not comprise of or include any immoveable property, the trustees shall divide the Trust Funds in equal parts and hand over one part to each of the children absolutely. 8.     If before the youngest of the children attains majority, any of the daughters of the settlor is married, the trustees shall spend a sum not exceeding Rs......... for her marriage expenses out of the corpus of the Trust Fund and the amount so expended shall be deducted out of her share in the corpus at the time of distribution thereof as aforesaid. 9.     The Trustees may from time to time open in their own names one or more banking account or accounts with such Banks as they shall from time to time decide and any two of the Trustees shall have power to draw cheques upon such account, endorse cheques and dividend warrants and pay or cause to be paid any moneys forming part of the Trust Fund to the credit of such account or accounts or place the same on deposit at any such bank or banks as may be necessary and otherwise to operate such account or accounts. 10.  The Trustees shall invest and keep invested the said amount hereby transferred and all moneys that may come in their hands as the Trustees hereof (except such part thereof as may be required for current expenses for the purposes of the Trust premises not exceeding Rs. 1000/-) in any of the securities authorised by Section 20 of the Indian Trust Act II of 1882 as well as in Bank deposits, shares and debentures of any public company or corporation and may from time to time at their description vary the said investment into or for others of the same or a like nature as may be beneficial to the Trust. 11.  The Trustees shall have full power to compromise or refer to arbitration any claim or account whatsoever or any other matter in which the Interest of the trust fund is involved and its funds and property may be concerned or wherein the Trustees as such may be parties. 12.  The Trustees shall have the following further powers: A.    If the Trust Funds include any immoveable property, (i) to let out any such property or any part thereof at reasonable rents and on such terms as they may think fit. (ii) to carry out repairs and renovations thereto as and when required, (iii) to sell the same or part thereof at such price and on such terms as they think fit if the Trustees do not think it necessary or economical to keep the property. B.    To appoint any manager or supervisor or other employees in connection with the management of the trust property. C.    To appoint any one or more persons, by a power of attorney,authorising him to manage the trust property or to do such other acts and things as the trustees may think lit in connection with the trust property. D.    To appoint any proxy or proxies for voting at any meeting of companies in which any part of the trust fund is invested or any meeting of creditors or contributors in the winding up of any such company. E.    To appoint any solicitor or advocate, architect or any other professional person in connection with the Trust Fund or property whenever their services are required and to pay their fees. F.    To file or defend any suit or other legal prodeedings, including appeals, petitions and to authorise any of the Trustees to make, sign or declare, plaints, written statements of defence, affidavits, petitions. Vakalatnama and to accept service of any summons or other legal process. G.    To authorise any of the Trustees to appear before any Central or State Government Officers or authority such as Officers under the Income-tax Act. Customs and Excise Acts, Officers of the Municipal Corporation or any Local Authority, Sub-Registrar of Assurances, Revenue Officers and Tribunal as and when required in connection with the trust fund or property thereof. 13.  The receipt of the Trustees for the purchase money of any property hereby directed or authorised to be sold or for any other moneys paid and for any securities transferred to them by virtue of these presents or in the execution of any of the trusts or powers hereof shall effectually discharge the person or persons paying or transferring the same or from being bound to see to the application or being answerable for the loss or misapplication thereof. 14.  The Trustees shall be responsible for their own individual acts and defaults only and not for the acts or defaults of another of them nor for the acts or defaults of any banker, broker, auctioneer or other persons into whose hands any trust property consisting of securities or money or the income thereof shall in the ordinary course of business come nor for the depreciation of any property or securities nor for any mistake or error of judgment committed by them in regard to the choice of the recipients of the benefit of the Trust premises or the objects thereof in any particular case or cases nor otherwise howsoever except for the willfull acts and default only. 15.  The Trustees shall pay themselves and defray and satisfy out of the trust fund for the time being all expenses which they may reasonably have to incur in and about the execution of the trusts and powers herein contained and the administration of the Trust premises hereby effectuated,including the premia for the insurance of the buildings for the time being subject to the trusts hereof but the Trustees shall not be personally responsible for any loss arising in consequence of any accidental omission to insure any building against risk from fire or other risk. 16.  The Trustees shall cause proper accounts to be kept of the Trust Fund and all additions thereto and the income thereof respectively and the accumulations of such income and the application thereof from time to time and shall on checking the same sign the account books twice in each year. The account books so signed by the Trustees shall be examined, audited and certified by one or more properly qualified auditor or auditors once in each year and the audited statements of account shall likewise be signed by all the Trustees. 17.  The Trustees may at some convenient place in....... and at convenient intervals hold meetings from time to time as occasion shall require, for the transaction of the business of the Trust premises and the Trusts hereof. 18.  Any one Trustee may convene a meeting of the trustees for the transaction of any particular business and any business may be disposed of by a circular instead of at a meeting unless the majority of the Trustees think otherwise. 19.  At least two clear days notice shall be given to the other Trustee or trustees as to the place, hour and day of the meeting and of the nature of the business to be transacted thereat. 20.  The original minutes of the proceedings of every such meeting shall be deposited at the office of the Trustees who shall provide for the safe custody thereof. 21.  If and so often as any of the Trustees hereby appointed or any future trustees or trustee of these presents shall die or go to reside out of India for more than a year or shall desire to retire or refuse or become unfit or incapable to act in the Trusts of these presents or shall become bankrupt or insolvent or if the Settlor or the Trustees for the time being shall be desirous of appointing additional Trustee or Trustees hereof with them. it shall be lawful for the Settlor during his life and after his death for the surviving or continuing trustees or Trustee for the time being of these presents or if there shall be no surviving or continuing trustee then for the retiring or refusing trustees or trustee or the heirs, executors or administrators of the last surviving trustee to appoint any other person or persons to be a trustee or trustees in the place of the Trustee or Trustees so dying or going to reside abroad or desiring to retire or refusing or becoming unfit or incapable to act as aforesaid or to appoint an additional trustee or trustees as aforesaid with liberty upon such appointment to increase or diminish the original number of trustees which shall never be leas than two or more than five and upon every appointment made under this clause the trust fund and the investments for the time being thereof shall be so transferred as to become vested in the new trustees or trustee either jointly with the continuing trustees or trustee or solely as the case may require and every trustee so appointed as aforesaid may as well as before or after such transfer, act as fully and effectually as if he had been hereby constituted a trustee. 22.  In all cases of difference of opinion amongst the trustees as to whether a particular act should be done or omitted to be done in the execution of the trusts hereof or as to the powers and authorities herein contained or as to the true intent and meaning of any of the clauses or trusts hereof the same shall be decided and dealt with in accordance with the opinion of the majority which shall be final and conclusive. In case of an equality of votes the Trustee senior most in age shall have a second or casting vote. 23.  The expression 'Trustees' in this deed shall mean and include the Trustees or Trustee for the time being and from time to time, the survivors or survivor of them and the heirs, executors, administrators of the last survivor of them. IN WITNESS WHEREOF the Settlor and the Trustees have set their respective hands the day and year first hereinabove written. Signed, sealed and delivered by the withinnamed Settlor.......... in the presence of Signed, sealed and delivered by the withinnamed Trustees 1. 2. 3. in the presence of........................

  • Revocable Living Trust Agreement for an Individual

    Revocable Living Trust Agreement for an Individual This Irrevocable Trust Agreement is made this _________ day of __________, _______________, Between ______________ s/o ________________ r/o __________________________, herein referred to as Grantor, AND ______________ s/o ________________ r/o __________________________ and __________________ s/o _______________ r/o __________________________, herein jointly referred to as Trustees. WHEREAS, Grantor is now the owner of the property described in Exhibit A attached hereto and made a part hereof, AND WHEREAS, Grantor desires to make provision for the care and management of such property, and the collection of the income there from, and the disposition of both such income and such property in the manner herein provided: Now, therefore, for the reasons set forth above, and in consideration of the mutual covenants set forth herein, Grantor and Trustees agree as follows: 1.     That the Grantor, in consideration of the acceptance by trustee of the trust herein created, hereby convey, transfer, assign, and delivers to Trustees their successors in trust and assigns, the property described in Exhibit A attached hereto and made a part hereof, by this reference, which property, together with all other property that may from time to time be held by Trustees hereunder, is herein referred to as "Trust Estate". 2.     That the Grantor, and any other persons shall have the right at any time to add property acceptable to Trustees to this trust and such property, when received and accepted by Trustees, shall become part of the Trust Estate. 3.     That the Trustees shall care for and manage the trust estate and collect the income derived there from, and, after the payment of all taxes and assessments thereon and all charges incident to the management thereof, dispose of the net income there from and corpus thereof, as follows 4.     During the lifetime of Grantor the Trustees may pay income of the trust estate and such portions of the principal as the Grantor from time to time may direct to the Grantor, or otherwise as he/she directs during his/her life. After the death of the Grantor the successor trustee shall distribute the trust estate to the following beneficiary or beneficiaries who shall survive me: a.     ____________ (Name & address) b.    ____________ (Name & address) c.     ____________ (Name & address) 5.     The share of any beneficiary who shall be under the age of (____________) years shall not be paid to such beneficiary but shall instead be held in trust to apply to his/her use all the income thereof, and also such amounts of the principal, even to the extent of all, as the trustee deems necessary or suitable for the support, welfare, and education of such beneficiary; and when he/she attains the age of (___________) years, to pay him/her the remaining principal, if any. If any beneficiary for whom a share is held in trust should die before having received all the principal thereof, then upon his/her death the remaining principal shall be paid to his/her then living child or children, equally if more than one, and in default thereof, to the then living descendants of the Grantor, per stripes. No interest hereunder shall be transferable or assignable by any beneficiary, or be subject during his or her life to the claims of his or her creditors. 6.     Notwithstanding anything herein to the contrary, the trusts hereunder shall terminate not later than twenty-one (21) years after the death of the last beneficiary name herein. 7.     That the Grantor may, by signed instrument delivered to the trustee, revoke the trusts hereunder, in whole or in part, or amend this Agreement from time to time in any manner. 8.     That in the event of the death or incapacity of both Trustees, I hereby nominate and appoint as successor trustee ______________ s/o _______________ r/o __________________________. In the event the successor trustee does not serve I appoint whoever shall at the time be the first designated beneficiary hereunder. The Trustees and their successors shall serve without bond. 9.     That this trust has been accepted by Trustees and will be in India and its validity, construction, and all rights there under shall be governed by the laws as in force in India. In Witness Whereof, Grantors and Trustees have executed this Agreement on the date above written. ____________________________ Grantor _____________________________ ________________________________ Co-Trustee _____________________________ ________________________________ Witnesses 1. 2. Sworn to and subscribed before me this (day) of (month), (year). Notary Public ___________________ Date Schedule A (List of property included in this agreement) _______________________________________________________   ________________________________________________________   _________________________________________________________ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Deed of Appointment of New Trustees (with Transfer of Property)

    Deed of Appointment of New Trustees (with Transfer of Property) THIS DEED is made at............................... this........day of.................between 1)...............................................of......................hereinafter referred to as "the Continuing Trustee" of the One Part, (2).................of................ hereinafter referred to as `the Retiring Trustee" of the Second Part, and (3)...................... of.................................. hereinafter referred to as the `New Trustee' of the Third Part; WHEREAS -- 1.     By a Deed of Trust (or Settlement) made on the..... day of.... between..... there in referred to as the Settlor of the One Part and.................&.........................herein referred to as the Trustees of the Other Part and registered at the office of the Sub-Registrar at..... under Serial No...... of Book-I, the said Settlor, granted and conveyed unto the Trustees the land and premises situate at..... and more particularly described in the First Schedule there underwritten (being the same as described in the First Schedule hereunder written) To Have And To Hold the same unto the said Trustees to the use and upon the Trusts and with and subject to powers, provisions, obligations and declarations therein contained. 2.     By the said Deed, the Settlor also assigned to the said Trustees certain securities and investments described in the Second Schedule there under written To Hold the same upon the trusts and with powers, provisions, obligations and declarations therein mentioned, 3.     The said Deed, inter alia, provides as follows -- "In case and so often as the Trustees hereby constituted or any of them or any future trustees or trustee of these presents be removed, or shall die, or go to reside abroad, or desire to retire or refuse or become incapable to act in the trusts hereof or is adjudged insolvent, then and in every such case it shall be lawful for the surviving or continuing trustees or trustee for the time being of these presents (and for this purpose the retiring or refusing trustee shall, if willing to act in the exercise of this power be considered as a continuing Trustee) to appoint a new trustee and upon every such appointment of the new Trustee, the Trust property shall be so transferred as to become vested in the new trustee along with the continuing trustee or trustees and every such new trustee as well as before or after the trust property shall have become vested in him shall have all the powers and authorities and subject to the obligations of the Trustees under these presents as if he was originally appointed by these presents." 4.     The Retiring Trustee desires to retire and has resigned as trustee of these presents. 5.     The Continuing Trustee under the power given to him by the Deed of Trust as hereinbefore recited has appointed.......... as New Trustee in place of the said Retiring Trustee and the New Trustee has accepted the appointment. 6.     It is proposed to execute this Deed so as to confirm...... appointment and to transfer the Trust property to the New Trustee along with the Continuing Trustee so as to vest the same in him. 7.     The Retiring Trustee has agreed to join in these presents. 8.     The securities and investment described in the Second Schedule to the said Deed of Trust are now represented by securities and investments described in the Second Schedule hereunder written, by reason of additions and alterations and subtractions therein made from time to time. NOW THIS DEED WITNESSETH that in exercise of the power in that behalf and of every other power therein enabling, the Continuing Trustee confirms the appointment of the New Trustee made as aforesaid to be the trustee of the said deed of Trust in place of the said Retiring Trustee, who has resigned as such trustee, to act jointly with the Continuing trustee in the said Trust. AND THIS DEED FURTHER WITNESSETH that the Continuing Trustee and the Retiring Trustee in exercise of the power hereinbefore recited do hereby grant and convey the land and premises described in the First Schedule hereunder written and all other rights and other premises appurtenant thereto and comprised in the said Deed of Trust and do assign the securities and investments and other property described in the Second Schedule hereunder written To Hold the same unto the New Trustee along and jointly with the Continuing Trustee to the use and upon the same trust and with the same powers, provisions, obligations and declarations as are contained in the said Deed of Trusts to the intent and purposes and as if the New Trustee was originally appointed as trustee of and by the said Deed of Trust. IN WITNESS WHEREOF the parties have put their hands the day and year first hereinabove written. THE FIRST SCHEDULE ABOVE REFERRED TO THE SECOND SCHEDULE ABOVE REFERRED TO X X X X Signed by the within named Continuing Trustee.......... in the presence of Signed by the within named Retiring Trustee.......... in the presence of Signed by the within named New Trustee.......... in the presence of........ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • SUIT FOR SPECIFIC PERFORMANCE FOR PURCHASE OF LAND BY VENDEE FOR DAMAGES

    SUIT FOR SPECIFIC PERFORMANCE FOR PURCHASE OF LAND BY VENDEE FOR DAMAGES IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus  C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. That the defendant contracted on.................... 19.................... through an agreement in writing to purchase.................... Bighas Bhumidhari Land of Khata No..................... situate in village.................... of.................... District, detailed in the foot of the plaint, from the plaintiff, within six months from the abovementioned date, for Rs..................... out of which the plaintiff had paid Rs..................... on the date of agreement aforesaid. 2. That the defendant did not come forward to purchase the land aforesaid within the stipulated time, and in the last month on.................... 19.................... the plaintiff gave him a registered notice to attend the sub-Registrar’s office at .................... with the balance money of Rs..................... (........................................) for getting the sale deed executed by the plaintiff in his favour and transfer of the land accordingly. The Plaintiff attended the Sub-Registrar’s office on the date abovementioned and remained there throughout the working hours of the day, but the defendant did not turn up with money aforesaid for getting the execution of the sale deed aforesaid. 3. That the plaintiff had been ready and willing to execute a proper sale deed within the period of six months aforesaid and particularly on the appointed date aforementioned, but the defendant did not turn up to perform his part of the contract and to pay the balance of the purchase money on the appointed date/or the defendant, on.................... 19.................... refused to perform his part of the contract and to pay the balance of the settled purchase amount aforesaid. The plaintiff has suffered damage of Rs..................... by the said refusal of the defendant. 4. That the cause of action arose on.................... 19..................... the appointed date which was the last date of the specific period of six months for the execution of the sale deed, and this court has jurisdiction to decide the suit. 5. That the suit is valued at Rs...................... the balance of the purchase amount for the purpose of jurisdiction and Rs..................... for the purpose of Court-fee and court-fee is paid according to the reliefs claimed. RELIEFS CLAIMED: The Plaintiff claims the following reliefs: (1) to issue a mandatory injunction to the defendant to pay the balance amount of Rs..................... of the sale price and get the execution of sale deed done in his favour from the plaintiff. Or in the alternative. (2) payment of Rs..................... from the defendant with interest from the date of payment thereof to him, and Rs..................... as damages, with interest from the date of suit till payment. Plaintiff  Through Advocate  VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.10/-)

  • SUIT FOR SPECIFIC PERFORMANCE OF PURCHASING LAND

    SUIT FOR SPECIFIC PERFORMANCE OF PURCHASING LAND IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus  C. F................................................................. Vehnfant The abovenamed plaintiff most respectfully submits as under: — 1. On the.................... day of.................... 19.................... the plaintiff and the defendant entered into an agreement, and the original document is hereto annexed. OR (On the.................... day of.................... 19..................... the plaintiff and the defendant mutually agreed that the plaintiff should sell to the defendant and the defendant should purchase from the plaintiff forty bighas of land in the village of .................... for.................... rupees). 2. On the.................... day of.................... 19..................... the plaintiff, being then the absolute owner of the property and the same being free from all encumbrances as was made to appear to the defendant, tendered to the defendant a sufficient instrument of transfer of the same (or, was ready and willing, and is still ready and willing, and offered to transfer the same to the defendant by sufficient instrument) on the payment by the defendant of the sum agreed upon. 3. The plaintiff gave a registered notice dated.................... 19.................... received by the defendant.................... on.................... 19..................... to attend the Sub-Registry of the District.................... at 10 A. M. with the money in consideration of the proposed purchase for the land aforesaid and have the sale deed duly registered as executed by the plaintiff on payment of the aforesaid price due. But the defendant did not appear in the office of the Sub-Registrar aforesaid upto 4 p. m. on the day aforesaid, even though the plaintiff remained there from 10 A. M. to 4 P. M. after giving intimation of the fact of his appearance and presence to the Sub-Registrar aforesaid. 4. The cause of action arose on.................... 19..................... when the defendant did not appear before the Sub-Registrar aforesaid even after notice and pay the money of the purchase price as agreed, and this Court has jurisdiction to try the suit. 5. The suit is valued at Rs..................... the proposed and agreed sale price of the land aforesaid, and Rs..................... for the purpose of court fee, and court fee is paid thereon. RELIEFS CLAIMED: The reliefs claimed by way of this suit are as follows: (i) The defendant be directed by issuing a mandatory injunction to pay.................... rupees to the plaintiff the price of the land and have the registered sale deed from the office of the Sub-Registrar. (ii) Interest on the amount of sale price at a reasonable rate be awarded to the plaintiff. (iii) Costs of the suit be given to the Plaintiff. Plaintiff  Through Advocate  VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.10/-)

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