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    Deed of Settlement &amp Declaration

    Uploaded by

    advocateshailendra1
    This document is a deed of declaration between an owner (ABC) and developer (DEF) to settle a dispute over a piece of land in Mumbai. Key points: 1) ABC claims ownership of the land based on ancestral rights while DEF claims to have purchased it from someone else. 2) ABC filed a lawsuit against DEF which both parties now want to settle without litigation. 3) The settlement terms require DEF to pay ABC a sum of money, for ABC to withdraw the lawsuit and relinquish all claims to the land. 4) Both parties agree not to raise any further claims regarding the land or create legal disputes between each other.

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    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd

    Deed of Settlement &amp Declaration

    Uploaded by

    advocateshailendra1
    728 views5 pages
    This document is a deed of declaration between an owner (ABC) and developer (DEF) to settle a dispute over a piece of land in Mumbai. Key points: 1) ABC claims ownership of the land based on ancestral rights while DEF claims to have purchased it from someone else. 2) ABC filed a lawsuit against DEF which both parties now want to settle without litigation. 3) The settlement terms require DEF to pay ABC a sum of money, for ABC to withdraw the lawsuit and relinquish all claims to the land. 4) Both parties agree not to raise any further claims regarding the land or create legal disputes between each other.

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    Deed of Settlement & Declaration

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    © Attribution Non-Commercial (BY-NC)

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    This document is a deed of declaration between an owner (ABC) and developer (DEF) to settle a dispute over a piece of land in Mumbai. Key points: 1) ABC claims ownership of the land based on ancestral rights while DEF claims to have purchased it from someone else. 2) ABC filed a lawsuit against DEF which both parties now want to settle without litigation. 3) The settlement terms require DEF to pay ABC a sum of money, for ABC to withdraw the lawsuit and relinquish all claims to the land. 4) Both parties agree not to raise any further claims regarding the land or create legal disputes between each other.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    728 views5 pages

    Deed of Settlement &amp Declaration

    Uploaded by

    advocateshailendra1
    This document is a deed of declaration between an owner (ABC) and developer (DEF) to settle a dispute over a piece of land in Mumbai. Key points: 1) ABC claims ownership of the land based on ancestral rights while DEF claims to have purchased it from someone else. 2) ABC filed a lawsuit against DEF which both parties now want to settle without litigation. 3) The settlement terms require DEF to pay ABC a sum of money, for ABC to withdraw the lawsuit and relinquish all claims to the land. 4) Both parties agree not to raise any further claims regarding the land or create legal disputes between each other.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 5

    DEED Of DECLARATION This Declaration mutually executed at Mumbai on this ______st day of February, 2012.

    BY AND BETWEEN ABC, an adult Indian Inhabitant of Mumbai, aged __ years, residing at ______________.(Hereinafter referred to as the OWNER) which expression shall unless it be repugnant to the meaning or context thereof, be deemed to mean and include her heirs, legal

    representatives and permitted assigns; AND an adult Indian Inhabitant of Mumbai, aged __ years, having office at, ______________. Hereinafter referred to as the DEVELOPER) which expression shall unless it be repugnant to the meaning or context thereof, be deemed to mean and include his heirs, legal representatives and permitted assigns. (The Owner, developers, hereinafter jointly referred to as the `PARTIES who are fully empowered and qualified to execute this Declaration do hereby state and declare as under:-

    1. That the Owner is having undivided share, rights, title and interest in an ancestral property being piece and parcel of land bearing CTS No.-___________, admeasuring 1946.50 sq.mts approx or thereabout at village ____________ District suburban within the

    registration District and sub-district of Mumbai. (herein after referred to as the said property). 2. That the said property belonged to Shri. __________, who was the original owner of the said property and during his life time was in exclusive use, occupation and possession of the said property as an exclusive owner.

    3. That subsequent to the death of Shri _________, the legal heirs made an application to the Tahsildar for mutation of revenue records in respect to the said property. The Tahsildar, vide Mutation entry No.____ dated ______ entered the name of ____________ in the revenue records of the said property. 4. That the Developer is developing the said property, by

    constructing buildings consisting of Ground plus seven uppers floors and for that purpose has obtained I.O.D (Intimation of Disapproval) and C.C(Commencement Certificate) from the Municipal Corporation of Greater Mumbai(MCGM). 5. That there has been a dispute between the Owner and Developer of said property, who claims to have purchased the said property from one Shri. XYZ by virtue of Agreement. The said XYZ has claimed and represented to the Developer herein, that he had purchased the said property from Shri _________ and four others by virtue of Agreement. 6. That consequent to the said dispute, the Owner filed a suit being Suit No.____ of ____ before the Honble Bombay High Court seeking injunction and other reliefs against the Developer in respect to the said property. While the Owners believe their claims possess substantial merit and while Developer vigorously disputes such claims without in any way acknowledging any fault or

    liability, both the Parties upon their respective analysis and their evaluation of a number of factors, have agreed to enter into this Settlement Agreement cum Deed of Declaration as an appropriate compromise of Owners and Developers claims in order to put to rest all controversy and to avoid the uncertainty, risk, expense, and burdensome, protracted, and costly litigation that would be involved in prosecuting and defending the said suit. 7. Both the parties of their own free will, without any undue influence and coercion are satisfied that the terms and conditions of this Declaration are fair, reasonable, and adequate and are in the best interests of both the parties. 8. This Declaration is for settlement purposes only, and this Declaration, shall constitute, be construed as, or be admissible in evidence as any admission of the validity of any claim or any fact alleged by the Owners in the afore mentioned suit or in any other pending or subsequently filed suit or of any wrongdoing, fault, violation of law, or liability of any kind on the part of the Developer. 9. In consideration of the aforesaid settlement in respect to the said property, the Developer shall pay to the Owner a sum of Rs. _______ (Rupees ________ only) by cheque/ Payorder dated __________, bearing No._______, drawn on __________________ Bank, ______________ branch, Mumbai and the Owner shall withdraw the Suit,filed by her against the Developer, before the Honble Bombay High Court. 10. The Owner further admit and acknowledge the sufficiency of the afore stated consideration and release and discharge all her undivided share, interest and claim in respect to the said property, in favour of the Developer and further declare that the Owner shall not have any other claim or demand and is fully satisfied in

    all respects and have no complaints or grievances or demands of compensation / damages / interest against the Developer. 11. The Owner undertakes to execute at the cost and expense of the Developer, any further Agreement, applications, documents, petitions, indemnities, affidavits, plans, power of attorneys as the Developer may require in its name or in the name of any authority in connection with the said property, for perfecting the title of the Developer in respect to the said property and for fully effectuating the terms and conditions of this Declaration. 12. The Owner further undertakes that upon execution of this Declaration, the Owner shall not create any obstruction or impediment in the peaceful enjoyment and development of the said property by the Developer. Both the parties hereby agree that they shall not raise any claim, demands nor shall create any legal dispute in any manner whatsoever, in respect to the said property against the each other. 13. Both the parties further undertake to indemnify and shall keep on delayed payment, etc.

    indemnified, harmless, each other from and against any actions, claims, charges, costs, disputes, demands and expenses of any nature suffered or sustained, by any party herein, in respect to the said property by the acts of the other party herein.

    IN WITNESS WHEREOF THE PARTIES hereto have hereinto set and subscribed their respective hands on the day, date and year first hereinabove written SIGNED & DELIVERED by the within named ABC SIGNED, & DELIVERED by the within named Shri DEF

    In the presence of .

    In the presence of .

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