DEED OF DECLARATION OF GIFT
This
declaration of Declaration of Gift of immovable property made at Atlanta, Ga.,
USA on this _____ day of January, 20
BETWEEN
………………..son of late………………………….., Muslim, adult,
presently residing at _______________________ Atlanta, Ga., USA and also
resident of IV-F- 2/1, Nazimabad, Karachi, Pakistan, hereinafter referred to as
“The Declarant Donor”, which
expression where the context so permits shall mean and include all her heirs,
executors, administrators and assigns of the ONE PART,
A N D
………………………son of ……………….and ………………..daughter
of …………………………….both Muslims, adults, presently residing at _________________Atlanta, Ga., USA,
hereinafter referred to as “ The Donee” which
expression where the context so permits shall mean and include their heirs,
executors, administrators and assigns of the OTHER PART witnesseth;
WHEREAS Mrs. …………………widow of……………………..,
mother of the Declarant Donor was owner and was otherwise seized and possessed
of the immovable property being double storeyed building constructed on Plot……………………………,
Nazimabad, Karachi, admeasuring 918 sq.yds;
AND WHEREAS the above-mentioned mother of the
Declarant Donor in consideration of her natural love and affection for the
Declarant Donor and his brother…………………….., both being sons of Mrs. ………….widow
of ……………..gave, granted, gifted and irrevocably made an oral gift by way of
Hiba on Ist January, 1999 in accordance with the Muslim Law of the property
being plot and building on Plot No………………………….., Nazimabad, Karachi,
admeasuring 918 sq.yds. and
WHEREAS thereafter
it was desired by the said Mrs. …….widow
of …………that the act of having given, granted and gifted the said gift be confirmed and made know by
registration of a Deed of Declaration in order to remove all future doubts and
misunderstandings from the minds of interested and/or would be interested
person or persons; and
WHEREAS the said gift was therefore executed and
registered before the Sub-Registrar T-Division VIII-A, Karachi on 16th
October, 1999, at No: ……., Book 2, in presence of witnesses and the same was
duly registered by Photo Registrar, Karachi at M.F.Roll No: ………………; and
WHEREAS the Declarant Donor and his brother
………………..by virtue of the said gift duly registered by the Sub-Registrar
Coneyancing & Deeds at Karachi as mentioned above, now own and are
otherwise in exclusive possession of all that building and Plot……………………………..,
Karachi, free from all charges, encumbrances, liens, holds, rights, claims,
demands of whatsoever nature and description and the Donees first above-mentioned
i.e. …………………..and ……………………….are ready and willing to acquire the share of the
Declarant Donor in property being Plot
No. 1, Row 2, IV, Sub-Block-F 1/2/F, Block IV, Nazimabad, Karachi, and
WHEREAS the Declarant Donor being owner and in
possession of the said property and being absolute owner and joint sharer of
the said property alongwith his brother Asghar Hasan in consideration of his
natural love and affection for his son ……………and daughter ………………..give, grant,
gift and having irrevocably made an oral gift in presence of the following witnesses:
(1)
(2)
and having
placed the Donees abovenamed in possession of the property and also having
delivered to them all necessary documents having been taken and acknowledged by the said
Donees in order to become the undisputed
owner of the said property in their own right and personal capacity and the Donees accepted
the said gift and took over the possession of the said property in the manner
hereinabove indicated to have and to hold the said property which was transferred by way of oral gift made on
___________ and possession was given, granted, unto and to the use of the
Donees absolutely and forever; and the Donor doth hereby covenant with the
Donees that notwithstanding any act, deed or thing whatsoever by the Donor or
Donees, executed or knowingly suffered to the contrary, the Donor is lawfully
seized and possessed with full power and lawful authority to give, grant and
make oral gift Hiba according to Mohammadan Law free from all encumbrances,
charges and equities, unto and to the use of the Donees in the manner aforesaid
and Donees shall and may at all times hereafter peacefully and quietly continue to possess and enjoy the said
property and continue to possess and enjoy
the said property and continue to receive the rents and profits thereof
without any lawful eviction, interruption, claim or demand whatsoever from or
by the Donor or any person or persons lawfully or equitably claiming from under
or in trust for him and that free and clearly and absolutely discharged, save,
harmless and kept indemnified against all charges, liens, equities and
encumbrances whatsoever against the said property made, created or suffered
by the Donor or any person claiming from
or under him.
SCHEDULE OF PROPERTY
All that piece and parcel of Plot…………………………………………..,
Karachi, admeasuring 918 sq.yds or
thereabout within the territorial
jurisdiction of Police Station Nazimabad
of the registration District, Sub-District, City and Town of Karachi delineated
and bounded as above.
ON THE NORTH BY: 82-6” ……. 10 Lane
ON
THE SOUTH BY: 60-0” ……. 60 wide Road
ON
THE EAST BY : 118-3” ……. 60
wide Road
ON
THE WEST BY : 116-0” …….
A1 type Plot No.2 of IV F-2
IN WITNESS
WHEREOF the Donor and the
Donee set and subscribed their respective hands on the day, month ad the year
first above mentioned.
Dated: DECLARANT
DONOR
CONFIRMATION OF GIFT
I,
Farhat Naseem wife of Malik Waheed Ahmed, Muslim, adult, resident of
.
Karachi . ___________________
Dated: DONEE
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