Chapter 25 - Forms-Gift
Chapter 25 - Forms-Gift
THIS DEED OF GIFT made this ………… day of ………… 1999 BETWEEN AB of, etc.
(hereinafter called the DONOR), of the one part, and CD of etc. (hereinafter called the DONEE),
of the other part, WITNESSES, that in consideration of the natural love and affection which the
DONOR had and still has for the DONEE, the latter being his daughter, the DONOR doeth hereby
grant, convey, transfer, give and assure unto and to the use of the DONEE, freely and voluntarily,
the property mentioned and described in the schedule hereto and hereinafter referred to as the
said property and delivered possession of the same unto and in favour of the DONEE TO
HAVE AND TO HOLD the same for her sole use and benefit absolutely and unconditionally
forever. Usual covenants as in a sale-deed AND THAT the DONEE accepts the gift of the said
property hereunder made as testified by her being a party hereto and executing these presents.
The estimated value of the property is Rs. ………
IN WITNESS WHEREOF the DONOR has executed these presents and the DONEE has
accepted the gift on the day, month and year first above-written.
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Whereas the DONEE intends to start a school in his village ……… for the education of
girls and whereas the DONOR is desirous of donating the land fully mentioned and described in
the schedule hereto to be used as a site for the said school.
NOW THIS DEED WITNESSETH that in pursuance of the said pious wish and desire and
as a patron of the proposed school to be started by the DONEE, the DONOR doeth hereby and
hereunder freely and voluntarily grant, convey, transfer, give, assign and assure unto and to the
use of the DONEE and his successor ALL THAT, etc., etc., to be used solely and exclusively
for the purpose of a site for construction and accommodation of the proposed girls’ school TO
HAVE AND TO HOLD the same so long as the same shall be used and occupied as a site
and/or building of the school AND THAT the DONEE accepts the gift of the said property
hereunder made solely and exclusively for the purpose hereinbefore indicated subject to the
condition hereunder provided.
THIS DEED FURTHER WITNESSETH that it is expressly agreed and understood by and
between the parties that this gift of land will stand ipso facto revoked in the event the land
hereunder given is not used for the purpose of the intended school for which the same is given
within a period of one year from the date of these presents or in the alternative the said school is
abolished or shifted elsewhere or amalgamated with some other institution when and in all or any
such event or events the land with all buildings and structures, if any erected thereon, shall revert
to and revest in the DONOR or his heirs, executors, administrators and representatives and shall
form part of his former estate as if this deed of gift was never executed nor intended. And it is
further agreed by and between the parties that in case the land is acquired by the Government,
the DONEE or his successors, including any person or persons managing the school, shall invest
the compensation money to be awarded in purchase of another land or building to be used solely
and exclusively for the school unless otherwise directed by any court of competent jurisdiction.
The estimated value of the property is Rs. ………… .
The Schedule
IN WITNESS WHEREOF the DONOR has executed this Deed of Gift and delivered the
same to the DONEE who has also executed the same in token of acceptance thereof the day,
month and year first above-written.
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WHEREAS it is proposed to erect a serai for the use of travellers, and a committee has
been constituted to raise subscriptions for construction of the building and creation of the
endowment AND WHEREAS the trustees are members of such committee: have approached the
DONEE for help AND WHEREAS the donor has agreed to contribute the piece of land hereinafter
described in the schedule below as a site for such serai: now this deed WITNESSES that in
pursuance of such pious wish and desire and as a patron for the proposed serai, the said AB
does hereby freely, voluntarily and absolutely and subject to the condition hereunder imposed
grant, convey, transfer and give unto and to the use of the said CD and EF and their successors
in office as trustees as aforesaid all that, etc., (describe the property) and valued at Rs. ………
TO HAVE AND TO HOLD the same as trustees upon trust hereinafter mentioned. And it is
hereby AGREED AND DECLARED by and between the parties hereto that the trustees and their
successors in office shall from time to time and at all times hereafter stand possessed of the land
hereby conveyed and the building or buildings to be erected thereon IN TRUST to be used solely
and exclusively as a serai for food and shelter of the travellers all through the year free of any
charge or other contribution. And it is hereby further agreed and declared that in case the object
of the gift fails; or in the event serai is closed or shifted anywhere or used for any purpose
contrary to law or against religion or if the object of the gift is frustrated otherwise for any reason
whatsoever—this gift will stand ipso facto revoked and the property shall in that event revert to
and revest in the donor or his descendants as may remain alive with all improvements thereon
free from any claim on that account as if the gift was never made nor intended unless otherwise
directed in an appropriate action by a court of competent jurisdiction.
IN WITNESS WHEREOF the parties hereto have executed these presents on the day,
month and year first above-written.
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BE IT KNOWN TO ALL CONCERNED that the undersigned ………… son of ……… by caste
……… by occupation ……… residing at ……… (the DONOR) do hereby declare and confirm that
the donor on the ………… day of ……… 20……… in consideration of the natural love and
affection which the donor had and bears for ……… son of ……… residing at ………… by caste
……… by occupation (the DONEE) intended for and actually gave by words of mouth and also
expressed himself to give unto and to the use of the DONEE freely and voluntarily, absolutely and
forever the several properties mentioned in the Schedule below with all beneficial interest therein
and delivered possession thereof simultaneously with a view to divest himself of all ownership
therein and pass title thereof unto and in favour of and/or otherwise vest them in the DONEE to
all intents and purposes AND THAT the DONEE doth hereby declare that the DONEE did at the
same time accept the gift as aforesaid and took into possession and control of the same.
IN WITNESS WHEREOF the parties to these presents have hereunto set and subscribed
their respective hands and seals this ……… day of ……… 2000
THIS DEED OF GIFT OF BUSINESS GOODWILL is made this ……… day of ……… 1999
BETWEEN AB son of ………… residing at …………… (hereinafter called the DONOR) of the one
part and CD and EF sons of …………… residing at ………… (hereinafter called the DONEES) of
the other part.
WHEREAS:
1. The DONOR has for many years past carried on the trade or business of ……… at
………… (hereinafter called the DONOR’S business) and in connection therewith is the
registered proprietor of the trade marks relevant particulars of which are set out in the first
schedule hereto.
2. The DONOR is the inventor and patentee of the invention described in the second
schedule hereto (hereinafter called the invention) the patent in respect of which was granted and
trade mark registered …… under number ……… of ……… .
3. By articles of partnership bearing even date with and executed immediately before this
deed and made between the DONEES respectively the DONEES agreed to carry on in co-
partnership the trade or business of ……… (hereinafter referred to as the PARTNERSHIP
BUSINESS) subject to the stipulations therein contained for a term of ……… years from the date
thereof.
4. With a view to setting up the DONEES in the partnership business the donor is
desirous of assigning the goodwill of his business and the said trade marks to the DONEES and
granting to them the licence hereinafter contained.
1. In consideration of his natural love and affection for the DONEES the donor hereby
assigns unto the DONEES all that the goodwill of the donor in his business and also all those the
trade marks specified in the first schedule hereto and all the rights and privileges incidental
thereto to hold the same unto the DONEES absolutely as joint tenants as the property of the
partnership business subject to the provisions and stipulations contained in the said articles of
partnership.
2. For the consideration aforesaid the donor hereby grants unto the DONEES and the
survivor of them personally rights so that this licence shall not be assignable but to have the sole
and exclusive licence to make use, exercise and send the invention in all parts of India during the
residue of the term of the said letters patent and any renewal or extension of such term if the
DONEES or such survivor shall so long continue to carry on the partnership business subject to
the DONEES or the survivor of them at their or his own cost keeping up the said letters patent
and with power to the DONEES or the survivor of them to take in the name of the donor all
necessary legal proceedings for effectively protecting or defending the same against
infringement.
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