Mr. AB is a Karta of AB-HUF a Joint Family. Family is engaged in various businesses and one of its business suffered heavy losses. With a view to fund the losses and its bebts, AB-HUF decided to sale one of its property.

CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2021
Mr. AB is a Karta of AB-HUF a Joint Family. Family is engaged in various businesses and one of its business suffered heavy losses. With a view to fund the losses and its bebts, AB-HUF decided to sale one of its property. You are required to draft a Deed of Sale of Joint Family Property. Assume other facts, if required.

Answer & Explanation:

THIS DEED OF SALE made on this...... day of ...... between AB for self and as 'Karta' of AB-HUF and representing all other coparceners viz., his sons named............all constituting a Hindu Mitakshara undivided family of, etc., (hereinafter called "the Vendor") which expression shall, where the subject or context allows, be deemed to include at all times hereafter all persons being from time to time the coparceners of the said family of the one part and CD of etc. (hereinafter called "the purchaser") of the other part. WHEREAS the said Joint family for several years past owned and still owns and possess inter alia the Lands, hereditaments and premises described in 'Schedule A' hereto as a part of its estate. AND WHEREAS the said joint family also carried on and still carries on various businesses under the different name and styles. One of its business running in the name and style of............ which suffered a heavy loss and its capital and reserves estimated at ₹............ in the year ............ owing to out-break of fire ............ at its godown on the day of ............ AND WHEREAS the joint family could not also pay its statutory dues and other capital and revenue liabilities of the said business aggregating to ₹............ for the years............ and also its business debts estimated at ₹............ AND WHEREAS the said joint family has at present no funds nor any other means or resources to make up the deficit as regards to the capita loss and to pay the liability of the family as regards the said statutory dues except by sale of one of its properties. AND WHEREAS in the circumstances aforesaid the said AB for self and as 'Karta' of the said AB-HUF has by an agreement dated............ agreed with the said CD for sale of the property fully mentioned and described in the 'Schedule' hereto at and for the sum of ₹............ AND WHEREAS such sale is in the interest and for the benefit of the said joint family and its estate. AND WHEREAS the said CD after bona fide and independent enquiry is satisfied about the present financial condition of the family and in particular the debts and liabilities as aforesaid and the reasons for, circumstances behind and the necessary for the sale. NOW THIS, INDENTURE WITNESSETH AS UNDER: That in pursuance of the said agreement and in consideration of the sum of ₹............ paid by the said CD to the said AB simultaneously with the execution of these presents he, the said AB do hereby and hereunder for self and as 'Karta' for and representing all other coparceners of the said joint family do hereby grant, sell, convey, transfer, assign and assure the said property together with all houses, buildings, fixtures etc., unto and to the use of the said CD absolutely and forever. The Property sold is free from all encumbrances, charges, mortgages. Liens, prior agreement to sell, court proceedings, gift, of any nature whatsoever. That from the date of execution of this Sale deed the CD becomes the sole and absolute owner of the said property under sale and shall be at full liberty to use, enjoy and utilize the said property under sale and also have right, power, absolute authority and be fully competent to sell or dispose off the same to anyone in any manner as deem fit. That after the execution of this Sale deed neither the AB and othe coparceners nor their legal heirs, may raise any objection or create any charge or demand any share in the said property under sale here after. IN WITNESS WHEREOF the parties hereto have signed this Deed of Sale on the date mentioned against their respective Signatures. Witness: Signed, sealed and delivered AB............ CD............

Topics: Drafting of Deeds

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