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Legal Format & Draft

Appointment of a New Trustee of Deed of Assignment

Reference draft used in Indian courts — replace the blanks with your own case details.

THIS DEED is made at.................on this.................day of.................20............ between
Shri.................Chairman of the creditors, whose names and the amount of whose debts are subscribed
and entered in the Schedule hereto (hereinafter called "the appointer") of the ONE PART and
Shri.................son of.................resident of.................(hereinafter called "the new trustee") of the
OTHER PART. WHEREAS (1) This deed is supplemental to a deed of composition dated, ................. hereinafter referred to as the
said deed, and expressed to be made between the said A (therein and hereinafter called "the debtor") of
the FIRST PART, B of the SECOND PART and the creditors of the debtor as should assent thereto of the
THIRD PART, whereby the debtor assigned all his movable and immovable property to the said B upon
the trust therein contained for the benefit of the creditors and it was provided in the said deed amongst
other things that in case B should die, the majority in value of the creditors will decide the new trustee of
the said deed in his place and the chairman of the said meeting of the creditors shall appoint the new
trustee.
(2) The said B died on .................
(3) In pursuance of clause.................of the said deed of composition, a meeting of creditors was held
on.................and it was resolved by majority in value of the creditors that Shri .................should be
appointed as new trustee in place of the said B and the appointer was authorised to appoint
Shri.................as new trustee on behalf of all the creditors.
NOW THIS DEED WITNESSETH THAT The appointer in exercise of the powers conferred Upori him by the said deed of composition and the
decision of majority of the creditors held on hereby appoints Shri the new trustee to be
the trustee of the said deed in place of B and the new trustee will hold all the properties of the debtor
assigned by the said deed upon the trusts and with and subject to the powers and duties contained in
that deed.
IN WITNESS WHEREOF, the parties hereto have set their respective hands the day, month arid year
first above written
WITNESSES Signed and delivered by the within named appointer
1 ,
2. Signed and delivered by.................the within named new trustee

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Property & Registration team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. We draft, stamp and register property documents in Kolkata.

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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

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