Legal Format & Draft
Deed of Compromise Between Legatees and Heirs
Reference draft used in Indian courts — replace the blanks with your own case details.
THIS DEED of compromise made at..................on this..................day of..................20.........
between A son of..................resident of...................and B son of..................resident of(hereinafter
collectively called "the heirs") of the ONE PART and C son of ................ resident of..................and D
son of..................resident of...........(hereinafter collectively called "the legatees") of the OTHER PART
WHEREAS (1) One E son of..................resident of..................died leaving the properties and assets, more
particularly described in the Schedule hereunder written
(2) The said E has left a will dated..................bequeathing all his properties and assets to the
legatees.
(3) The heirs of said E have disputed the said will on the ground that it is not the last will of the said
deceased and that the deceased was not in his sound mental condition on the date of its alleged
execution and that the said deceased has left codicils to the said will.
(4) The legatees do not admit the objections put up by the heirs and they object to the alleged codicils
on the grounds that the said alleged codicils are not properly attested and date of one codicil is not
certain
(5) Various disputes and differences have arisen between the legatees and the heirs as to the
administration of the estate of the deceased.
(6) The parties hereto desire that the disputes and differences relating to the distribution or inheritance
of the properties and assets left by the said deceased between them should be settled amicably between
themselves without resort to litigation.
NOW THIS DEED WITNESSETH THAT IT IS HEREBY AGREED AS FOLLOWS: (1) In pursuance of the said agreement and in consideration of the premises, the parties agree that the
legatees shall apply for probate of the said will, without prejudice to the rights of the heirs as hereinafter
fixed and agreed to by the parties hereto and the heirs will not contest the said will in any court and will
not object to the grant of the probate of the will.
(2) In consideration of the premises, the legatees and each of them agrees that they shall deliver and
transfer one-half of the said properties mentioned in the Schedule hereunder written to the legal heirs
immediately after the grant of probate of the will and will retain remaining half with them
(3) The legatees and each of them covenant that they will take immediate and diligent steps to obtain
the probate of the will. All expenses of and incidental to the grant of probate of the will, as also of transfer
of the shares to the heirs shall come out of the estate of the deceased.
(4) The heirs and each of them agree that they will not claim any right under the said codicils and the
legatees and each of them also agree that they shall not claim any rights under the said will save as
hereinbefore provided
IN WITNESS WHEREOF, the parties have set their hands hereunto the day and year first hereinabove
written
Schedule WITNESSES 1 Signed and delivered by the within named legal heirs A and B
2. Signed and delivered by the within named legatees C and D
III. FAMILY SETTLEMENTS
died leaving properties Will executed by E In favour of legatees Legal heirs dispute the said will Legatees do not admit objections put up by heirs Disputes arose between heirs and legatees Parties desire to settle disputes amicably Legatees to apply for probate and heirs not to contest the said will Legatees will transfer half proper ties to legal heirs after grant of probate Legatees covenant to obtain probate of will promptly\ Legatees covenant not to claim any right under the codicils
between A son of..................resident of...................and B son of..................resident of(hereinafter
collectively called "the heirs") of the ONE PART and C son of ................ resident of..................and D
son of..................resident of...........(hereinafter collectively called "the legatees") of the OTHER PART
WHEREAS (1) One E son of..................resident of..................died leaving the properties and assets, more
particularly described in the Schedule hereunder written
(2) The said E has left a will dated..................bequeathing all his properties and assets to the
legatees.
(3) The heirs of said E have disputed the said will on the ground that it is not the last will of the said
deceased and that the deceased was not in his sound mental condition on the date of its alleged
execution and that the said deceased has left codicils to the said will.
(4) The legatees do not admit the objections put up by the heirs and they object to the alleged codicils
on the grounds that the said alleged codicils are not properly attested and date of one codicil is not
certain
(5) Various disputes and differences have arisen between the legatees and the heirs as to the
administration of the estate of the deceased.
(6) The parties hereto desire that the disputes and differences relating to the distribution or inheritance
of the properties and assets left by the said deceased between them should be settled amicably between
themselves without resort to litigation.
NOW THIS DEED WITNESSETH THAT IT IS HEREBY AGREED AS FOLLOWS: (1) In pursuance of the said agreement and in consideration of the premises, the parties agree that the
legatees shall apply for probate of the said will, without prejudice to the rights of the heirs as hereinafter
fixed and agreed to by the parties hereto and the heirs will not contest the said will in any court and will
not object to the grant of the probate of the will.
(2) In consideration of the premises, the legatees and each of them agrees that they shall deliver and
transfer one-half of the said properties mentioned in the Schedule hereunder written to the legal heirs
immediately after the grant of probate of the will and will retain remaining half with them
(3) The legatees and each of them covenant that they will take immediate and diligent steps to obtain
the probate of the will. All expenses of and incidental to the grant of probate of the will, as also of transfer
of the shares to the heirs shall come out of the estate of the deceased.
(4) The heirs and each of them agree that they will not claim any right under the said codicils and the
legatees and each of them also agree that they shall not claim any rights under the said will save as
hereinbefore provided
IN WITNESS WHEREOF, the parties have set their hands hereunto the day and year first hereinabove
written
Schedule WITNESSES 1 Signed and delivered by the within named legal heirs A and B
2. Signed and delivered by the within named legatees C and D
III. FAMILY SETTLEMENTS
died leaving properties Will executed by E In favour of legatees Legal heirs dispute the said will Legatees do not admit objections put up by heirs Disputes arose between heirs and legatees Parties desire to settle disputes amicably Legatees to apply for probate and heirs not to contest the said will Legatees will transfer half proper ties to legal heirs after grant of probate Legatees covenant to obtain probate of will promptly\ Legatees covenant not to claim any right under the codicils
Using this format
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