This
Deed of Trust made at.......................... this..........................
day of................ between (1).........................
(2)............................... (3).......................
(4).................... (5)................................
(6).................... (7)..................... all of..................... hereinafter
referred to as the SETTLORS of the One Part and (I)................
(2)................... (3)..................... hereinafter referred to as the
Trustees of the other part.WHEREAS1. The settlors are the
erstwhile members of a Joint family consisting of..............,..............
&............. as brothers and the remaining............. to.............
as their respective sons and grandsons, all being majors and they are the only
members of the family apart from their respective wives.2. The said Joint Family
owns an ancestral House together with the land apartment in village/town
of................. in Dist............ in State of.........................3. ................,...............
&............... and their respective sons and grandsons are living
separate at different Towns/Cities and earning in their own way independently
and have their respective properties4. The said Family House
is the only common property belonging to the said family5. The said house cannot
be physically divided and partitioned and the parties also do not propose to do
so nor do the settlers desire to sell the same but desire to keep and preserve
it as a common unit and as a memorial of the ancestors and also to avoid any
dispute regarding the same among the members of the said family.6. The said family has a
family Deity of Goddess............... and the family has installed the same in
one of the rooms of the said house.7. The Settlers have
therefore proposed to dedicate the said house and premises to the said Deity
and to continue to worship the same and with these objects they have decided to
create a private Trust of the said property.8. The Settlers have
also collected a Fund of Rs............... as the initial fund or Corpus to
meet the expenses of maintaining the said house and to worship the said idol.9. It is proposed
that...........,...........,..........., will act as the first Trustees of the
Trust and the settlers have proposed to transfer the said property
to...........,........... &........... as Trustees to hold the property for
the benefit of the said family in the manner aforesaid.NOW
this Deed witnesseth that pursuant to the said desire of the settlers and in
the premises aforesaid the settlers do and each of them doth hereby grant and
transfer the said house with the land appurtenant thereto situate at...........
and more particularly described in the Schedule hereunder written and all the
rights liberties, privileges and easements appurtenant to the said house and
the land and all the estate right, title and interest of the settlers in or to
the said property hereby granted unto the Trustees and also transfer the Fund
of Rs............ Collected by the settlers TO HOLD the same to the use of and
on the termsHerein
below mentioned and with all the powers and provisions herein contained subject
however to the payment of all taxes and other public dues payable to the
Government or any local authority in respect of the family house and the land.1. This Trust will be
known as............................................................ Family
Trust.2. The Trustees will
protect, preserve and worship the idol of Goddess.............installed in the
said house and for that purpose make all arrangements for the same and appoint
a PUJARI if available.3. The Trustees shall
invest the said Fund or Corpus hereinafter referred to as the Trust Fund(which
will include also all the contributions made by the members of the family from
time to time and all other moneys received by the Trustees by way of gifts,
donations or otherwise) in authorized securities and spend the income realized
there from in the maintenance of the said property and in the worship of the
said Deity.4. The Trustees will
arrange and carry out the daily worship of the said deity as far as possible
and shall hold the necessary religious Festivals or functions according to the
custom of the family thereto followed.5. The Trustees will be
entitled to collect or receive from the members of the family for the time
being or any of them such periodical payments or occasional donations so as to
increase the Corpus of the Trust Fund and will also be entitled to receive
donations or gifts from others without creating or agreeing to create in them
any right or privilege in respect of the trust property or Trust Fund or in the
management of the Trust.6. The Trustees will be
entitled to carry out necessary repairs or renovations to the said property so
as to preserve the same in good condition and also to provide all necessary
amenities for reasonably comfortable living in the said house to the extent the
income of the Trust Fund permits.7. Any member of the
Family will be entitled to occasionally stay in the said family house or any
part thereof free of any charges, such stay not extending beyond a month
continuously except in any exceptional circumstances as the Trustees may think
proper. In the event of more than one member and his family desiring to occupy
the said house at the same time the Trustees shall decide as to who should be
given preference and what should be done for convenience of both and their
decision shall be final. However the expenses for living will be borne by the
member occupying the same and not by trust, The object of this provision is
that the house should be available for temporary use and occupation by any
member of the family and which use and occasion will also help in the upkeep
and preservation of the house.8. The Trustees shall
not make any substantial changes in the house or additions thereto except with
the consent of all the major members of the different branches of the said
family for the time being.9. The Trustees shall
not be entitled to sell the said house property or any part thereof nor to
mortgage the same or to let out any portion thereof.10. The Trustees will be
entitled to engage a permanent or occasional watchman to safeguard the property
from encroachments or any damage to the property and pay his salary out of the
income of the Trust Fund.11. The number of
trustees of this Trust will be minimum three and maximum five and the Trustee
for the time being will be entitled to appoint any additional trustee so that
the total number does not exceed five. The Trustees of the trust to be
appointed in future will always be from among the members of the said family
fit to be appointed and not any outsider.12. If any of the
trustees for the time being dies or is disqualified to be a trustee for any
reason prescribed by law, the remaining trustees will be entitled to appoint a
new Trustee in his place and the Trust Property and Trust Fund will be
transferred to his name along with the other Trustees as and in the manner
required by law.13. The Trustee shall
open one or more accounts in one or more banks in their names and such account
will be operated by any two of the Trustees. All moneys received will be
credited to such accounts and such amount as may not be required for immediate
expenses can be invested in temporary deposits with any of the Banks.14. The Trustees shall
have all other powers as are conferred on a Trustee by law.15. The Trustees shall
keep accounts of the Trust Funds and the same shall be made available for
inspection by any member of the family as and when required.16. The senior most
Trustee in age will act as a managing Trustee and will be in charge of the day
to day management of the trust. However all policy decisions and any item of
work involving an expenditure of more than Rs.........../- will have to be
approved by all the trustees or a majority of them in any meeting called for
that purpose or by circulating resolution. The Trustees will keep written
minutes of the meetings held and decisions taken. Any one Trustee can call a
meeting of the Trustees as and when occasion arises.17. If for any reason or
under any circumstances the trustees unanimously think that it is impossible to
carry on with the Trust, they will be entitled to revoke the same and shall be
entitled to deal with and dispose the Trust property and the Trust Fund as the
majority of the members of the said family for the time being will agree to,
failing which the Trustees will be entitled to apply to the competent Court of
law for necessary directions.IN
WITNESS WHEREOF THE SETTLORS AND THE TRUSTEES HAVE PUT THEIR HANDS THE DAY AND
YEAR FIRST HEREUNDER WRITTENTHE
SCHEDULE ABOVE REFERRED TOSigned
by the within namedSettlors........................................,...................,...................,...................,....................,..................,..............................,...................,...............,in
the presence of............Signed
by the within namedTrustees.......................................,...................
&in
the presence of............