THIS DEED OF FAMILY ARRANGEMENT is made at..............on this............day of
..............20..............between Shri A son of B resident of.............. (hereinafter called as Shri A) of the
FIRST PART and Smt. C widow of B resident of..............(hereinafter called as Smt. C) of the SECOND
PART and Smt. D wife of resident of..............(hereinafter called as Smt. D) of the THIRD PART.
WHEREAS (1) The said B son of..............resident of..............died intestate on..............leaving Smt. C his
widow, Shri A and Smt. D, the son and daughter being the only legal heirs
(2) After the death of the said B, a will, a copy whereof is set out in the Schedule hereunder written
(hereinafter called the will) dated........signed by the said B and purporting to be his will has been found in
his almirah, but the said will is not attested by two witnesses as required by law.
(3) The parties hereto are of an opinion that the last wishes of the said B should be fulfilled and these
should not remain unfulfilled due to technicalities of law and therefore they are desirous of giving full
effect to the said will.
(4) The said B has appointed Shri A as executor of the said will for the purposes therein appearing.
NOW THIS DEED WITNESSETH AS FOLLOWS (1) It is agreed between the parties hereto that full effect shall be given to all the terms of the will of the
said B, as though the same was the last will of the said. B duly executed and attested and probated.
(2) The parties hereto shall not make any claim to any part of the estate or effects of the said B as
being his widow and children otherwise in accordance with the terms of the will.
(3) The executor shall administer the will and all the parties hereto will assent to the vesting of the
property in the executor
(4) All the parties hereto shall execute and do all such deeds and things as may be necessary or
expedient for carrying out the objects of this deed.
IN WITNESS WHEREOF the parties hereto have signed this deed on the day and year first hereinabove
written.
The Schedule above referred to
WITNESSES Signed and delivered by the within named Shri A
. Signed and delivered by the within named Smt. B
B, owner of properties died intestate Will executed by B found which Is not attested Parties desire to give effect to the will Appointment of executor Agreement of parties to give effect to the unattested will Parties covenant not to make any claim to the estate of deceased as legal heir Administration of the will Parties covenant to do further deeds and things necessary

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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 Family Law team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our family law team handles divorce, maintenance, custody and succession matters.

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.

Family Arrangement to Adopt an Unattested Will

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