This Deed of Adoption

7/29/2019 This Deed of Adoption

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THIS DEED OF ADOPTIONDATED:-..BETWEEN1. ADOPTIVE FATHER/MOTHERNAME: ..FATHER/HUSBAND NAME:..Aged...........years,RELIGION.CASTE:RESIDING AT.

2. NATURAL FATHER/ MOTHER/GUARDIANNAME: ..FATHER/HUSBAND NAME:..Aged...........years,RELIGION.CASTE:

RESIDING AT.

WHEREAS :

The Adoptive Father has no son or sons son or sons sons son living andhe is desirous of adopting a suitable boy to be his son and the son of hiswife . who is living. / The adoptive Father has nodaughter or sons daughter living./ The Adoptive Father is more thantwenty-one years older than the said .(ADOPTED CHILDNAME) / The Adoptive Mother is a widow having no son or son.s son or

son.s son.s son living./ The Adoptive Mother remained unmarried and hasno intention to marry at all in view of her fairly advanced age.

The Natural Father has agreed to give his son . now agedabout........... years in adoption to the Adoptive Father./ The said Guardianhaving consented to the said proposal of the Adoptive Father & theGuardian declares that necessary application was made to the............District Judge Court under the provisions of the Guardians and Wards Act,1890 for necessary permission to give the said .. in adoption to theAdoptive Father and the required permission has been granted by the

District Judge vide his Order................. dated.............. subject to theconditions that the adoptive parents should submit to the Court.sjurisdiction and furnish a periodical report pertaining to the maintenanceand well being of the adopted daughter in the hands of the adoptiveparents.

The Adoptive Father has the only wife ... living who has


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given her consent to the said adoption. / Whereas the Adoptive Father isanxious to adopt a daughter expeditiously owing to his serious ill health soas to take care of him as his wife is dead./ The Adoptive Mother is desirousof taking a son in adoption owing to her indifferent health and advancedage, lest she may die and her property be wasted and her lineage beextinct once for all. The Adoptive Mother is desirous of taking a daughter inadoption to take care of her person and property at her old age (as she hasno other kith or kin or lineal descendent of her husband).

The Natural mother of . is dead and the Natural Father beingmarried to . who is the step-mother of herconsent to the adoption is not necessary./ The Natural Mother has agreedto give her . Now about.............years in adoption to theAdoptive Mother, (as she is unable to maintain her big family comprising daughters and .. sons, all .minors.majors).

The Adoptive Father and his wife declare that they fulfill the requirementof the law of adoption as prevailing in this country as well as in,that they have the requisite permission to adopt from the appropriateauthorities in their country, that the adopted daughter/son will be able toimmigrate to the Country of the adoptive parents, that she/he will be ableto obtain the Nationality of the adoptive parents, and that he/she will beable to come to India occasionally whenever he/she desires.

The Guardian declares declares that he has duly scrutinized the proposal ofthe said Adoptive Father with regard to adoption and made necessary

inquiry with the assistance of . And found that the adoptionwould be beneficial to the child, financially, socially, morally and in everyrespect.

The Guardian further declares that he has also caused necessaryinvestigations into the economic status and social conditions of the familyof the adoptive parents and on the questions of health and psychologicalpreparedness for adoption by the Adoptive parents as well as the childsacceptance within the community of the adoptive parents, through theassistance of Guardian is satisfied that the adoption will bebeneficial to the adopted daughter and will be in the interest of her/hiswelfare.

The said .(ADOPTED CHILD NAME) is still unmarried.

NOW THIS DEED WITNESSES that the said Natural Father has this day,after performing the necessary religious ceremonies before a gathering offriends and relatives of both the parties held at......... (place)


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at..........(time) given the said . his son, to the Adoptive Fatherwho has taken the said . in adoption and that the said shall have all the legal rights of and in the Hindu Coparcenary of theAdoptive Father from this day as if he (.) were his (AdoptiveFather) natural son.

IN WITNESS whereof the said .(the Adoptive Father), thesaid .. (the Natural Father) and the said Smt. ..(wife of ..) have hereunto signed these presents in the presence of allfriends and relatives gathered, two of whom at the request of the partieshave also hereunto signed as attesting witnesses, on this date first abovewritten.

Witness . (Signature)

NOTE: IMP RULES OF ADOPTION

Section 8 of the Hindu Adoptions and Maintenance Act recognises the rightamong other female Hindus, of a widow to adopt a son or daughter toherself. Under the law prevailing prior to the Hindu Succession Act, 1956no female including a wife or a widow could adopt a son to herself. Theeffect of adoption by a widow of a son or daughter is that for all purposesthe adoptee becomes the son or daughter not only of the widow but herdeceased husband as well with the same status as that of a natural-bornchild with all the consequences and incidents of that status includingsuccession to all their relations.

After an adoption the adopted child shall be deemed to be the child of hisor her adoptive parents with all the legal incidents and rights flowingtherefrom as that of an after-born natural son or natural daughter of theadoptive parents. sec. 12 lays down that the adopted child shall not divestany person of any estate which vested in him or her before the adoptionhence it does not preclude the adopted child from claiming his share in thejoint family properties, for if a share is given to the adopted child there isno question of divesting any person of any estate which vested in himbefore adoption.

According to sec. 10 the person to be adopted should not have completed

the age of fifteen years, unless there is a custom or usage which permitspersons who have completed the age of fifteen years being taken inadoption.


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OBJECTIONS OF 2ND TO 4TH RESPONDENTS TO DELAY CONDONATION APPLICATION

FILED BY PETITIONER:-

1. The interim application is not maintainable since the affidavit accompanied the application

does not speaks truth and its vague and not specific in disclosing accurate reasons for the

absence of petitioner/plaintiff in the days wherein court has scheduled to plaintiff evidence.

2. The affidavit consist of mere allegations un-supported by documents, hence liable to be

dismissed. The written statement and objections filed by these respondents to the main petition

be read as part and parcel of this objections to delay condonation application.

3. The matter of condonation of delay, it is an established position that every day's delay has to

be explained and a person who seeks the exercise of the discretion to condone the delay in his

favour cannot run away by making a mere general statement or mere allegation unsupported by

document or mere passing of his laches upon his advocate.

4. It is, however, necessary to emphasis that even after sufficient cause has been shown a party is

not entitled to the condonation of delay in question as a matter of right. The proof of a sufficient

cause is a condition precedent for the exercise of the discretionary jurisdiction vested in the

Court by s. 5. If sufficient cause is not proved nothing further has to be done; the application for

condoning delay has to be dismissed on that ground alone.

5. Even if delay is condoned no purpose will be served because, The main case is one for specific

performance of contract upon the suit schedule property which is not binding on these

respondents as per the decree made against the petitioner and 1st respondent herein on 25-10-

2008 on the file of 2nd Addl Civil Judge (Jrdn) at Tumkur in OS 386/2007 regarding the same

schedule property. Moreover from the date of the said decree upto three years that is upto 24-

10-2011 the plaintiff has not sought the amendment of plaint in respect of the specific

enforcement of contract in relation to only the share of 1st respondent in OS 168/2007 in this

court. The same decree of another court is neither challenged by the petitioner in any forum.

The relief claimed in the plaint cannot be amended after the statutory limitation. The case itself

not maintainable under the law and hence the application to condone the delay application is
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liable to be dismissed.

6. Provisions relating to pleadings in civil cases are meant to give to each side intimation of the

case of the other so that it may be met, to enable courts to determine what is really at issue

between parties, and to prevent deviations from the course which litigation on particular causes

of action must take. The petitioner herein has not disclosed in his pleadings the exact reasons

and does not provided documents in support of his application to enable this respondents to

take specific objections to the nature of documents with counter verifications for knowing the

reasons for the delay.

Where fore the application to condone the delay is not maintainable and these respondents

humbly seeks court intervention by way of dismissal of application in the interest of Justice.


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WRITTEN STATEMENT AND OBJECTIONS FILED BY 2ND TO 4TH

RESPONDENTS TO THE MAIN PETITION:-

1. The application/petition is not maintainable either on law or on facts. The petition is liable to

be dismissed since the facts are not sworn to in the verifying affidavit, a copy of which is not

supplied by the petitioner. The petition is liable to be dismissed since no document and list of

document is supplied to the respondents, based upon which petitioner is claiming relief. The

respondents reserved their rights to further raise objections if further documents were

produced.

2. The petitioner has averred falsely that the alleged suit was scheduled on 25-06-2010 for

plaintiff evidence, long before that date the case was scheduled to plaintiff evidence, petitioner

herein purposefully misleads the court by false set of facts. Petitioner has not approached the

court with clean hands.

3. In para number two of the petition petitioner clearly avers that on that day itself (i.e 25 -06-

2010) the petitioner/plaintiff unable to attend the Honble court to lead evidence This is

absolute false and misleading averment, petitioner is not specifically saying from which day he is

unabled to come to court and for what specific reason. The petitioner is absent throught his case

and not shown any due diligence in prosecuting the case from long time. After giving sufficient

opportunity only the case was dismissed for default.

4. The petitioner puts entire blame on his previous counsel/agent, petitioner does not produces

any reliable documentary evidence to prove his allegation on the previous counsel. No ordinary

prudent advocate appearing for a plaintiff in a trial Court would ask, or direct, his client not to

come to Court or his office till he receives a letter from him, especially after case is scheduled for

evidence, In fact it is the duty of the client to find out the stage of litigation from his advocate. If

his advocate fails to write letters, the party plaintiff is expected to contact his advocate, because,

it is he, but not his advocate that would be put to jeopardy, if he fails to appear, or fails to know

about his case.

5. Seeking to pass the entire blame on to the Advocate and trying to portray that the petitioner

was a quasi literate person and hence totally unaware of the nature and significance of the


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pending proceedings is quite unacceptable, particularly, when the petitioner is a educated and

doing Finance business and other business activity. Further, it is also not a case where the

petitioner is not residing in tumkur and, therefore, could not remain in touch with his counsel in

tumkur.

6. Moreover petitioner gives un-believable and false reasons stretching beyond his filing of suit

date to the present day. He has actively filed amendment application in 2008. His absence is not

clearly explained from which date he is absent, what reasons prevailed on such dates with clear

documentary evidence. That the facts on record establish that the petitioner have been grossly

negligent, indifferent towards the court proceedings and its precious time and there was total

lack of diligence and, therefore, he do not deserve any indulgence by the Court

7. The petitioner has not made out any case or have shown any sufficient cause with

documentary evidence for setting aside the dismissal order. On the contrary, the facts on record

establish that the petitioner/plaintiff had been grossly negligent, indifferent towards the court

time and there was total lack of diligence in prosecuting the case. The application/petition is

barred by limitation. In other words, the delay in filing the application had not been properly

explained, no sufficient cause was shown to condone the delay and hence ought to be rejected on

that ground only.

8. Notwithstanding the negligence or misdemeanor of the advocate, the petitioner herein is not

an innocent litigant and he cannot disown his advocate and seek relief as no such absolute

immunity is either permissible under the law nor has been recognized. In the circumstances of

this case the rule of precedent is clearly applicable and the petition has to be heard on its

maintainability.

9. Except for a vague averment about the non-cooperation of his Advocate, there is not a

whisper in the application/petition about the steps taken by the petitioner to pursue the matter

with his counsel between 13-06-2007 to 25-06-2010 , i.e. for about 4 years 13 days. The

condonation of delay application is filed for only 491 days upto 24-10-2011 from 25-06-2010

only delay is sought by petitioner to be condoned. But petitioner has not averred when the case


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is posted for evidence, for what reasons he has not appeared before the court and from that day

he has not sought condonation of delay with reasons, hence the petition is liable to be dismissed.

10. Petitioner avers vaguely in the petition that he came to know of the dismissal of suit on 24-

10-2011, from a third person a neighbourer of suit schedule property which is utter false. There

is no proper explanation in the petition who said to whom and whom exactly the petitioner

approached in the court office. But in the same para 3 petitioner avers that he filed copy

application through his counsel (When he allegates against his counsel by stating he came to

know from court office that his counsel made negligence in his case). And again petitioner avers

that on 31-10-2011 only he came to know about the dismissal of the said suit. Which is clear

contradictory aversions which cannot be believable under any circumstances.

11. The petitioner avers vaguely the illness of his father-in-law, father and his wife from 12-02-

2005 to till date, but does not specifically aver that how he was unabled to make free to contact

his advocate in the specific dates wherein the case was posted for evidence. Later he alleges that

he is in court field defending a criminal case of 2009. Still he has not met his advocate is an

unbelievable story. The petitioner gives some cousin accident story for his day today busy in

looking after all those ill-health persons, these are fake stories created for misleading the court

and this respondents absolutely deny all those reasons.

12. The main case is one for specific performance of contract upon the suit schedule property

which is not binding on these respondents as per the decree made against the petitioner and 1st

respondent herein on 25-10-2008 on the file of 2nd Addl Civil Judge (Jrdn) at Tumkur in OS

386/2007 regarding the same schedule property. Moreover from the date of the said decree

upto three years that is upto 24-10-2011 the plaintiff has not sought the amendment of plaint in

respect of the specific enforcement of contract in relation to only the share of 1st respondent in

OS 168/2007 in this court. The same decree of another court is neither challenged by the

petitioner in any forum. The relief claimed in the plaint cannot be amended after the statutory

limitation. The case itself not maintainable under the law and hence the petition to revoke the

non-maintainable case itself is liable to be dismissed.


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13. Although plaintiff / petitioner is the party to the said suit on the file of 2nd Addl Civil Judge

(Jrdn) at Tumkur in OS 386/2007, but no evidence and document was marked on behalf of

petitioner and it shows petitioner is running suit framed with fabricated documents. If he is

having really original un-tampered documents he should have produced it in the suit for

partition and sought for his rights there itself upon the share of 1st respondent herein. Without

making such efforts the plaintiff has lost every right to seek further relief after the lapse of three

years which co-incides with the ordered date of dismissal of the suit.

14. The relationship between an advocate and a client is a sacred one. It is a relationship of trust

and of responsibility. However, merely because the litigant has entrusted his case to an advocate

it does not absolve the litigant from the responsibility of following the progress of the casethrough his advocate. Since it is the interest of the litigant which is involved, it is his duty to

defend his interest with due diligence and promptness. He cannot afford to sleep like Rip Van

Winkle for it is a well known principle of law that the Courts do not come to rescue of those who

sleep over their rights.

15. The petition and the relief sought in the main case is barred by limitation. Even amended

relief cannot be sought by the lapse of time. The law of limitation is founded on public policy.The legislature does not prescribe limitation which the object of destroying the rights of the

parties but to ensure that they do not resort to dilatory tactics and seek remedy without delay.

The idea is that every legal remedy must be kept alive for a period fixed by the legislature. To put

it differently, the law of limitation prescribes a period within which legal remedy can be availed

for redress of the legal injury.

Wherefore the Honble court may be pleased to dismiss the petition as not maintainable in the

ends of justice.

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PARTNERSHIP DEED

THIS DEED OF PARTNERSHIP is made this day..day of 2007 at TUMKUR,

BETWEEN.................................................................... S/O .................................. .......... years

residing at

. Of one part, hereinafter called as MANAGING

PARTNER of the FIRM ( The term shall mean and include his successors in interest , legal heirs

, administrators and assigns ) AND Mr .............. ......................................................S/O

.......................................aged about ......... years, resident of

.of the other part, herein after

called as PARTNER of the FIRM ( The term shall mean and include his heirs, assigns, successor

in interest, and administrators )

NOW THIS INDENTURE WITNESSETH, that each of them -the said ............................... and

..................................................................................... (so far as the stipulations and provisions

hereinafter contained are to be performed and observed by him his executors or

administrators), doth hereby for himself his heirs executors and administrators covenant with

the others of them their executors and administrators, and as a separate covenant, with each of

the others his executors and administrators, that they the said ................................. and

............................... will become and remain partners for the purpose and period, and under and

subject to the stipulations and provisions, hereinafter expressed and contained, that is to say:

1. NAME: The parties hereto shall carry on the business in co-partnership with official

designation as stated above under the Name and style of

................................................................The business of the partnership shall be the trade or

business of various products of computers and electronics and the said business and the works

connected therewith shall be carried on at.............. and..............

2. REGISTRATION: May be registered with in ninety days from the commencement of business,

the firm shall be registered under the INDIAN PARTNERSHIP ACT and INCOME TAX ACT and

SERVICE TAX PROVISIONS and the rules under both statutes shall be applicable to the firm.

3. NATURE: The business shall be for trading with computer peripherals, accessories, spares,

innovative products, electronic innovations, electronic spares and products Or such other


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activities as may be determined by partners from time to time.

4. CONTRIBUTION: The firm shall have such capital as may be contributed equally by each of

the partners as and when necessary in this regard. Initially the capital of the partnership shall be

the sum of Rs.............. and shall be contributed by the partners in equal proportions, and if any

partner shall, with the consent of the others, advance and bring into the partnership any

additional money by way of capital, or shall, with the like consent, leave in the business as

capital, any part of the profits carried to his credit at any annual general account, the same,

whilst retained by the partnership, shall be considered a debt due from the partnership, and

shall bear interest at the rate of 18 percent, per annum, but shall be drawn out by him on

receiving from the other partners three calendar months' notice in writing, and if not so drawn

out, the partner entitled thereto shall receive only the rate of interest allowed thereon in account

by the bankers of the partnership.

5. PLACE: The registered office of the firm shall be situated at present be carried on .................

......................................... or such other place or places and the firm may open any number of

branch offices as partners may deem fit. The areas of operation of firms activities are

throughout Karnataka.

6. CAPITAL & INTEREST: The capital of the firm shall presently consist of sum of rupees

to be contributed equally. Each partner shall be

entitled to interest at the rate of 12 % per annum on the capital standing to his/her credit in the

books of the firm to be paid at the first instance out of the gross profits except when the firm

suffered any loss, such interest being cumulative the deficiency for one year will be made up out

of the profits for the succeeding year or years.

7. OUTGOINGS: All out goings and expenses of the firm shall be paid out of the capital and

profits of the business and in case of deficiency, by the partners in equal shares.

8. BANKERS: The Bankers of the firm shall be Messrs.etc or such other bankers

as the partners shall from time to time mutually agree upon, and all moneys, cheques and other


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securities belonging to the firm, except those required for current expenses, shall be paid into

and deposited with the said Bank. All cheques thereon shall be drawn by the said

........................in the name of the firm.

9. PARTNERSHIP EXPENSES: The rates and taxes of the goods, and the expenses of keeping

the buildings and machinery therein in good and substantial repair, and the salaries and wages

of clerks apprentices servants and workmen, and all charges incurred by any partner clerk or

servant in the business, and all other payments and outgoings incurred by any partner on the

partnership account, and the interest upon the capital for the time being of the partners, and the

allowances to them, shall be considered partnership expenses, and shall be carried to the debit

of profit and loss accordingly; and all profits shall be shared all losses shall be borne by the

partners in equal shares.

10. REMUNERATION: Each partner shall be entitled to remuneration as may be decided

amongst partners in this regard, by reference to the nature of BOOK PROFIT ( BOOK PROFIT

means the net profit in the profit and loss account of the firm computed in the manner laid

down in chapter IV D of Income Tax Act-1961 ) as each partner is working partners of the firm

actively engaged in the affairs of the firm.

11. DRAWINGS: Each partner shall be entitled to withdraw such sums from the firm account

from time to time as may be mutually decided by the partners. The sum so drawn shall be

debited to their capital/ current account in the books of the firm.

12. MONEY LENDING PROHIBITED: No partner shall lend any of the partnership monies or

effects to any person, or sell or deliver on credit any goods belonging to the partnership to any

person whom either of the acting partners for the time being shall have forbidden him by notice

in writing to trust, and if any partner shall do so, he shall forthwith pay to the partnership the

amount or value of the monies effects or goods so lent sold or delivered as aforesaid.

13. NO SURETY BY PARTNER: No partner shall become bail or security for any person without

the consent in writing of all the other partners, and no partner shall do or suffer anything

whereby the partnership property may be taken in execution, or in any way prejudiced or

injured.


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14. STOCK CHECK: On the 31st day of March in each year, or as soon afterwards as may be a

valuation shall be made of the lease of the said factory and the fixtures and machinery thereof,

and also, separate thereform, of the stock of goods and sold and payment due goods then on

hand, and of the debts due to and other effects of the partnership, and of the debts and liabilities

thereof, and such valuation shall be entered in the partnership books, and shall be signed by all

the partners, and shall be considered the fixed value as between the partners and all persons

claiming under them respectively until the next valuation shall be made entered and signed.

15. PROFIT & LOSS: The profit and loss sharing ratio shall be 50;50, the interest and

remuneration payment made to partners, payment made to employees of the firm, office

expenditures, taxes due and payable on the taxable income of the firm shall be treated as

common items of expenditures before the net profit and loss account and balance sheet of the

firm shall be prepared and the profit or loss derived there at shall be divided among the

partners.

16. BORROWINGS: The MANAGING DIRECTOR: of the Firm may borrow funds from bankers,

financial institutions, companies, and other private parties, either as a loan arrangement or as

advance for firm activity and service, all documents relating to such transactions shall be

executed by himself binding other partner to all those executed contracts and agreements.

17. PROFIT SHARING: The profits of the partnership shall be divided between the partners in

equal shares, and shall be carried to the credit of the partners respectively in the partnership

books immediately after the annual general rest hereinbefore directed, and may be drawn out at

pleasure.

18. DURATION: The terms of the partnership shall be effective from the date of this deed and

the partnership shall be ONE AT WILL.

19. DEATH OR RETIREMENT: Death or retirement or insolvency of partner will not effect of

dissolving partnership, in case of death surviving partner / other partner may take the legal heir

of the deceased partner / or any other person as partner, on such terms and conditions as may

be agreed upon among them.


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20. ADMISSION OF PARTNER: Any person or persons approved by all the partners may be

admitted to the partnership as a partner on such terms and conditions as may be agreed upon

among them.

21. APPOINTMENTS TO FIRM: The partners may appoint as number of staff as they deem fit in

the course of business with the stipulated conditions and wages as may be decided by managing

director.

22. PROFESSIONAL ENGAGEMENTS: The firm may engage/ appoint Chartered Accountants,

Auditors, Legal Advisors, etc,. For the proper functioning and development of firms activity, by

paying as may be agreed remuneration out of partnership firms funds.

23. ACTS: None of the partner shall, without the consent of the other partner sell, mortgage,

assign his share or part with his share or interest in the partnership business or property or

knowingly or willfully act, commit or permit any act whereby the partnership business is

dislocated or disturbed to the detriment of the other partner or firm or any agreements made on

behalf of the firm or any agreements and undertakings binding the firm as guarantor.

24. AUTHORISED SIGNATORY: Both the parties are agreed and have no objection and

authorize at present and herein afterwards , until the proper arrangements were made in this

regard by suitable power of attorney, the MANAGING PARTNER will execute all the legal

documents on behalf of the FIRM, and also can communicate with any authorities and persons

to obtain suitable licenses, permissions, business opportunities, borrowings, advances in Firms

name.

25. CHANGE IN CONSTITUTION: The firm may change its constitution to any pvt ltd company

or proprietorship concern or public ltd company after following suitable legal formalities in this

regard as may be decided by the partners in future.

26. AMENDMENTS: All the clauses are in compliance with the co-operation and consent of both

the partners and shall change the clauses by amendment at their mutual consent and will.


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27. APPLICATION OF INDIAN PARTNERSHIP ACT 1932: Except to the extent mentioned

above in this deed, the provisions of Indian partnership act 1932 which are not contrary to this

deed are applicable to the firm and the partners.

28. ARBITRATION CLUASE: All disputes and questions arising out of or in connection with this

deed or constituted partnership or between partners or between partner and legal heirs of other

partner, or between firm and clientele shall be reffered to arbitration under the ARBITRATION

AND CONCILIATION ACT 1966 and rules for the time being in force.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON

THE DAY AND MONTH AND YEAR FIRST ABOVE WRITTEN

PARTNERS

S/d(..................)

MANAGING PARTNER

....................

S/d

................... PARTNER

.......................

WITNESSES:-

NAME

S/O..

ADRESS.

.

. S/d

NAME

S/O..

ADRESS.

.

. S/d


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PUBLIC CHARITABLE TRUST

THIS INDENTURE made at Bombay this ------- day of ----------- 1990 BETWEEN

____________________ called "the Settlor" (which expression shall unless it be repugnant

to the context or meaning thereof be deemed to include his heirs, executors or administrator) of

the One Part AND (1) ____________________ AND (2) _______________________

hereinafter called "the Trustees" (which expression shall unless repugnant to the context or

meaning thereof be deemed to include the survivor of them and the Trustees or Trustee for the

time being of these presents and the heirs, executors and administrators of the last surviving

Trustee their, his or her assigns) of the second Part;

WHEREAS the 'Settlor' is desirous of settling for Public Charitable purpose a sum of Rs.

_____(Rupees _________________only);

AND WHEREAS the Trustees have agreed to act as the Managing Trustees for life of the said

Trust;

NOW THIS INDENTURE WITNESSEH that with a view to perpetuate the said desire and in

consideration of the premises and for other diverse good causes and consideration him

thereunto moving he the 'Settlor' doth hereby grant, assign transfer and hand over to the

Trustees and the Trustees do hereby accept and take possession of the said sum of Rs. -------/-

Rupees ---------- only) (hereinafter for brevity's sake called "the Trust Estate" which expression

shall include all accretions thereto by way of donations or otherwise and the investments for the

time being representing the same) to HOLD the Trust Estate upon the trusts and with and

subject to the powers, provisions, agreements and declarations hereinafter contained of and

concerning the same i.e.

(a) for relief of the poor

(b) education

(c) Medical relief

(d)the advancement of any other object of general public utility;

(e) to collect and receive funds and donations for the above objects,

(f) to do all acts, deeds and things as are incidental and conducive to the

furtherance of the above objects.


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AND IT IS HEREBY DECLARED that the charitable objects hereinabove mentioned shall not be

limited or restricted to any particular caste or creed and will not involve any element of profit

making.

AND IT IS HEREBY FURTHER DECLARED THAT THE Trustees shall be entitled to utilise and

disburse either the net income of the Trust Estate and/or parts of the corpus thereof for

maintaining and/or conducting establishments for the charitable purposes and trusts

hereinabove set out;

1. The Trustees shall have power and shall be entitled to collect, recover and receive dividends,

rents and profits and other income of the Trust Estate (hereinafter referred to as `as the Trust

income`) and to pay thereout all taxes, rates, assessments, expenses and outgoings for collection

in respect thereof and for the management of the Trust Estate and for administering and

carrying out the Trust hereof.

2. The Trustees shall be entitled from time to time to accept from any person or persons desiring

to make gifts or donations upon the trusts and subject to the terms, provisions and powers and

conditions contained herein, such moneys or properties as the Donors desire from time to time

to give on the aforesaid trusts and on the terms and conditions herein contained.

3. The Trust hereby declared shall be designated as ----------------.

4. The Registered Office of the Trust shall be at ----------------------.

5. The Trusts hereby declared shall be irrevocable.

6. It shall be lawful for the Trustees at any time and from time to time to borrow moneys as well

as to sell, mortgage, assign, transfer, demise or let on lease for any period however long or

otherwise dispose of and deal with the Trust Estate including any immovable properties

comprised therein or any part thereof either by publication or by private contract and on such


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::3::

terms and conditions as they the Trustees think fit with liberty to the Trustees to buy in rescind

or vary any contracts for sale, mortgage, transfer, assignment, lease or other disposition as

aforesaid and to resell the same or enter into a fresh contract for transfer, assignment, lease or

other dispositions without being answerable for any loss occasioned thereby and with power

also to execute all necessary assignments, conveyances, mortgages, transfers, leases, sub-leases

and their counter-parts, and other deeds and assurances for the same and to give receipts and

discharges for the consideration moneys and all other moneys. All moneys arising from any such

sale, mortgage, transfer or other dispositions shall be deemed to be part of the Trust Estate

and shall be dealt with accordingly.

7. The receipt of the Trustees for the purchase money of any property hereby directed or

authorised to be sold, or for any other moneys, stocks, funds, shares, securities or investments

paid, delivered or transferred to them or him by virtue of these presents or in the execution of

the Trusts or powers hereof shall effectually discharge the person or persons paying, delivering

or transferring the same therefrom and/or from being bound to see to the application or being

answerable for the loss or mis-application thereof.

8. The Trustees for the time being of these presents shall be respectively chargeable only for

such moneys and securities as they shall respectively actually receive, notwithstanding their

signing any receipt for the sake of conformity and shall respectively be answerable and

responsible only for their own respective acts, receipts, omissions, neglect and defaults and not

for those of each other, nor for that of any banker, broker, auctioneer, or other person with

whom or into whose hands any trust moneys or securities shall be deposited or come, nor the

insufficiency in title or deficiency in value of any investments nor any other loss, unless the same

shall happen through their own willful default respectively AND ALSO that the Trustees or

Trustee for the time being may reimburse themselves, herself or himself or pay and discharge

out of the Trust estate all expenses incurred in or about the execution of the Trusts or powers

under these presents.


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::4::

9. The Trustees for the time being of these presents shall have full power to compromise or

compound all actions suits and other proceedings and all differences and demands and to

adjust, settle and approve all accounts relating to the Trust Estate and to execute, release and to

do all other things relating thereto without being answerable or accountable for any loss

occasioned thereby.

10. The Trustees shall be entitled to employ any person or persons and pay them remuneration

for the effective management and implementation of the Trust, including expert and technical

qualified or experienced personnel.

11. If and so often as any of the Trustees hereunder appointed or any future Trustees or Trustee

of these presents shall die or shall leave India for more than one year or shall desire to retire

from or refuse or become incapable to act in the Trust of these presents or otherwise, it shall be

lawful for the surviving or continuing Trustees for the time being of these presents for this

purpose to act in the execution of this power or for the proving executors or administrators of

the last surviving Trustees to appoint a new Trustee or Trustees in place of the Trustee or

Trustees so dying or leaving India or desiring to retire from the Trust or otherwise to appoint

new or additional Trustees or Trustee and upon every or any such appointment the number of

Trustees may be augmented or reduced and upon every such appointment the Trust Estate shall

be transferred so that the same be vested in the Trustee or Trustees for the time being of these

presents AND the Trustee or Trustees so appointed as aforesaid may as well before or after such

transfer of the Trust Estate, act or assist in the Execution of the Trusts and powers of these

presents as fully and effectually as if he / they had been hereby appointed as Trustee or Trustees

PROVIDED THAT the number of Trustees of these presents shall not be less than two nor more

than, seven PROVIDED HOWEVER AND IS HEREBY AGREED and declared for the sake of

clarification that the present Trustees who have executed these presents shall remain Trustees

during their lifetime or until such time as they retire or become disqualified to act as such.

12. Any Trustee may at any time resign by giving a month's notice to his co-trustees and upon

expiry of such period, he shall be deemed to have vacated his office.


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::5::

13. The Trustees shall have the right to make necessary resolutions by circulars instead of by

meeting and any resolutions as agreed to by a majority of the Trustees shall be as valid and

effectual as a resolution of the Trustees at a meeting duly convened.

14. The Trustees shall determine all questions and matters of doubt in the execution of the

Trusts, including the meaning and construction of any of the articles and provisions herein

contained and do all acts and execute all the trusts, powers and authorities appertaining to these

presents unanimously, and in case of disagreement, by majority, each Trustee shall have one

vote only. The Trustees shall be at liberty to make rules or bye-laws which are not inconsistent

with what is herein contained.

15. For the purpose mentioned above or any of them, the Trustees shall be at liberty to enter

into, sign, execute and deliver all such contracts, deeds, assurances and writings as they may

deem necessary or expedient. The Trustees shall also be entitled in incur all legitimate expenses

which they consider to be beneficial to and in the interests of the Trust.

16. The Trustees shall be entitled to invest the Trust estate or such other funds of the Trust as

are not immediately required, in any of the investments authorised by the Bombay Public Trusts

Act, 1950 and/or the statutory amendments, modifications or reenactment thereof for the time

being in force or the rules made thereunder and the Trustees shall also be at liberty to invest the

Trust Estate or any part thereof on the mortgage of any immovable property situated in any part

of the Republic of India (either of freehold or leasehold or any other tenure) and the Trustees

shall also be entitled to purchase vacant land of any tenure and to construct buildings and other

structures thereon as the Trustees may consider necessary and in the interest of the Trust and

they shall also be entitled to pull down and demolish to rebuild any building or erection as they

may consider necessary and in the interest of the Trust AND the Trustees shall have power to

alter, vary or transfer the investments from time to time in such manner as the Trustees may

think fit proper and in the interests of the Trust.


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17. The Trustees shall be entitled to obtain tenancy in and/or take on lease any premises and/or

properties as they may consider proper, and also give them on leave and licence and receive

deposits and/or advance compensation.

18. Complete accounts of the Trust shall be properly kept in Bombay, or at such other place or

places as the Trustees may from time to time decide and all the accounts, records, and

documents of the trust shall be maintained at the office of the Trust. The accounts of the Trust

shall be duly audited.

19. The Trustees shall be entitled to open and maintain bank account or accounts as they may

consider necessary or proper and such account or accounts may be operated on the signatures of

any of two of the Trustees.

IN WITNESS WHEREOF the Settlor and the Trustees have hereunto set and subscribed their

respective hands the day and year first hereinabove written.

SIGNED AND DELIVERED by the within-

named Settlor....................

in the presence of

SIGNED AND DELIVERED by the within-

named Trustees

(1)...............

......... and

(2)..............

............

in the presence of


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Power of Attorney:

KNOW ALL MEN BY THESE PRESENTS, I, _______________________ citizen of

_______________residing at________________________ do hereby nominate,

constitute and appoint my ______ ________ to be my true and lawful attorneys jointly and

severally or singly for me and in my name to do the following acts, matters deeds and things and

execute the following powers, that is to say:

1. To open and operate savings or current bank account or accounts or invest in fixed deposits,

sign cheques, deposit or withdraw money and transact money dealings and invest in or redeem

Government or other securities, Public Provident Fund accounts etc.

2. To carry on any business on my behalf and to represent me in all business matters.

3. To demand, sue for, enforce payment or delivery of and receive from all and every person, and

to give good receipts and discharge for all sums of money, debts, goods, and things now or

hereafter due, owing or payable to, or receivable in respect of my properties.

4. To pay all taxes, rates, charges, expenses and other outgoings whatsoever payable by me for

and on account of my property or any part thereof and to insure any premises or buildingsagainst loss or damage by fire or otherwise and to pay all premia for such insurances.

5. To look after my Income-tax, Wealth-tax, Gift-tax and other tax affairs and for that purpose to

receive notices and sign and file appeal memos and other papers and attend before the Income

tax,Wealth-tax, Gift-tax or Appellate Authorities or other authorities, to produce my accounts,

documents and evidence, to get my assessments completed, to receive notices of demand, to

make payments and to do all other acts necessary for this purpose.

6. To buy, take on lease or hire or otherwise howsoever acquire immovable or movable propertyand to make any investments on my behalf.

7. To sell, transfer or otherwise deal with any shares investments or other movable property.

8. To sell, transfer, give on lease or leave and licence or otherwise deal with any immovable


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property, to sign agreements, execute conveyances, to carry on any litigation, appear before the

Sub-Registrar or any other authority and make applications to any tax authority, society or other

person and otherwise to do any other act, deed or thing in respect of any property in which I

have interest.

9. To sell, endorse, gift, transfer and assign all or any Government Securities and securities of

any description whatever.

10. To demand and receive all interest and dividends now due or which may hereafter accrue or

become due on all or any such securities.

11. To demand and receive all debts, sum of money, principal money, interest, dividends and

dues of what nature or kind so ever which now or at any time hereafter may be due or payable or

belong to me.

12. To sign application forms, contracts, agreements, transfer, acceptances, receipts, a

quittances, dividend, mandates or other documents.

13. To endorse and transfer any Government Securities, Shares, Stocks or debentures in any

company or corporation.

14. For all or any of the purposes aforesaid to appoint a substitute or substitutes and such

substitution at pleasure to revoke.

15. To make any application to the Reserve Bank of India and to any other Departments of

Government of India as may be necessary.

16. To appear and represent me in all courts, civil or criminal Income-tax, Wealth-tax, Reserve

Bank, Municipal Corporation etc. original or appellate or appellate or in the office of the

Registrar or in any other office or offices of the public or the Government for business

transactions or litigation, as may be deemed necessary by said attorney and for that purpose tosign or verify and file claims, written statements petitions and affidavits and produce documents

as may be legally required to be done and also to present appeals etc. in any Court.

17. To appoint and constitute on my behalf Pleaders, vakils, Advocates, Chartered Accountants,

Income-tax Practitioners or other Attorneys whenever my said Attorney think proper so to do.


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18. AND GENERALLY to do, execute, perform any other act, deed, matter or thing whatever

which in the opinion of my said Attorneys ought to be done, executed and performed in relation

to my property or business and other business in general as fully and effectually in all respects as

I myself would do the same if I were personally present.

19. All acts, deeds and things lawfully done by my said Attorneys jointly and or severally or

singly shall be construed as acts, deeds and things done by me if I were personally present and

all or whatever my said Attorneys shall lawfully do in good faith, I

____________________________ do hereby agree to ratify and confirm.

IN WITNESS WHEREOF, I, the said _____________________ have set my hand this

______ day of ________ 2000.

SIGNED & DELIVERED BY THE)

withinnamed _____________)

in the presence of)

IDENTIFIED BY ME

BEFORE ME


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SPECIAL POWER OF ATTORNEY

TO ALL TO WHOM THESE PRESENTS SHALL COME, I, __________ ___________SEND

GREETINGS:

WHEREAS I have executed a Sale Deed in favour of ____ ______________ therein called "

the Purchaser" for sale of all my rights, title, and interest in ______shares numbered ___ to

___ of ______________________________ Co-operative Housing Society Ltd. situated

at ________________________, Mumbai- 400 0__ (and hereinafter referred to as "the

said society"); together with all my rights, title and interest as such shareholder in unit

no._________ of the building known as ___________, situate at _______________-

belonging to the said society; and received full consideration payable for the sale.

AND WHEREAS I am desirous of appointing Mr._______________to be my Attorney to do

and execute the following acts, deeds and things in order to have to aforesaid shares and Unitstransferred to his name or to the name of any nominee or assign;

NOW KNOW YE AND THESE PRESENTS WITNESSETH THAT I ___

____________________ do hereby nominate, constitute and appoint

____________________ as my true and lawful attorney to do and execute the following

acts, deeds and things, that is to say:

1. To complete the sale of the aforesaid shares and Unit No.___ of situated

__________________, situated at ________Mumbai 400 0__ to the name of the said

Purchaser or to the name of any nominee or assign of the said Purchaser.

2. To execute any instruments of transfer or other documents as may be necessary for the

transfer or sale of my entire right, title and interest in Unit No.___, ___________

_________________________, including rights of occupation.3. To enter into any correspondence with the ___________ ____________________

Coop. Housing Society Ltd. to make any applications to any such person or body, to pay any

amounts, to receive discharges and to do such act, deed or thing whatsoever to complete the title

of __________________ to the aforesaid shares and Unit No.___ of the Society.

4. To attend any meetings of the _______________________ ________ Coop. Housing

Society Ltd. and to vote on my behalf.

5. To accept service of any notice or letter or correspondence from the Society.

6. To apply for any permission from the Society, from the Bombay Municipal Corporation

Electricity Authorities and any person or authority in respect of the said Unit.

7. To sign any agreement or documents, to appear before the Income-tax and other authorities

and before the Sub-Registrar of Assurances and any other authority in connection with the said

shares and Unit.

8. To file appeals, applications, petitions, Affidavits and to appear before any Court in any

proceedings in which I am concerned in connection with the said shares and Unit.

9. To appoint and engage advocates, solicitors, Notaries and other agents as may be required for

doing all or any of the acts, deeds or things which by virtue of these presents, the said Attorney

is empowered to do.


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10. To submit any transfer form and other documents as may be required in respect of the said

Unit.

11. To appoint any other attorney and to sub-delegate all or any of the powers herein contained.

12. I hereby agree that all acts, deeds and things done by the said Attorney in good faith shall be

construed as acts, deeds and things done by me, I hereby undertake to ratify and confirm

whatever the said attorney shall do by virtue of the powers hereby given, provided however that

all the costs and consequences of any act done by the Attorney shall be to the account of the

Attorney, and I shall not be responsible for the same, and the Attorney shall be liable also for

stamp duty and other costs in relation t this Power of Attorney and provided the Attorney

indemnifies me in respect of all such costs and consequences.

I hereby declare that the powers hereby given are irrevocable being for a consideration.

IN WITNESS WHEREOF, I, ______________________ for ______________ have

hereunto set and subscribed my hands this ____ day of ________, 200_.SIGNED AND DELIVERED by the withinnamed)

________________________________ )

in the presence of )

Before me

Identified by me

BY THIS POWER OF ATTORNEY dated_________________ I

_________________S/o____________________ residing at

________________________ Plaintiff/Petitioner/Appellant in civil suit No./Writ

Petition/Appeal _______ of ____________hereinafter referred to as the said suit, pendingin the _________________court at __________ hereby nominate, constitute and appoint

Mr. ___________________ S/o Mr. ________________resident of _____________

as my attorney for me, in my name and on my behalf to do or execute all or any of the following

acts or things in connection with the said suit:

1. To represent me before the said court or in any other, where the said suit is transferred in

connection with the said suit.

2. To engage or appoint any Solicitor, Counsel, Advocate or lawyer to conduct the said

suit/petition/appeal.

3. To prosecute the said suit and proceedings, to sign and verify all plaints, pleadings,

applications, petitions or documents before the court and to deposit, withdraw and receivedocument and any money or moneys from the court or from the defendant either in execution of

the decree or otherwise and sign and deliver proper receipts for me and discharges for the same.

4. To apply for inspection and inspect documents and records, to obtain copies of documents

and papers.

5. To compromise the suit in such manner as the said attorney shall think fit.

6. To do generally all other acts and things for the conduct of the said suit as I could have done

the same if I were personally present.


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And I hereby for myself, my heirs, executors, administrators and legal representatives, ratify and

confirm and agree to ratify and confirm whatsoever our said attorney shall do or purport to do

by virtue of these presents.

IN WITNESS WHEREOF, I the said.............. has hereunto set and subscribed my hand

this................ day of................... 200-.

Signed and delivered by the within namedWITNESSES;

1.

2.

Identified by me

Advocate

Irrevocable Power Of Attorney

KNOW ALL MEN BY THESE PRESENTS THAT WE/ M/s________a public/private ltd.

Company incorporated under the Companies Act, (1 of 1956) with its registered officeat___________ through Mr. ________________ authorised by the Board of Directors of

the Company vide Resolution dated or Constituted as a Sole/Proprietor ship Concern /Firm

under the Indian Partnership Act, 1932 with its principal place of business at____________

through its partners/namely Mr.____________ having executed in favour of the Maharashtra

Financial Corporation a Statutory body incorporated under the State Financial Corporation an

agreement a deed of hypothecation for Rupees __________only and secured the repayment

thereof by deposit of the Corporation empowering the corporation to execute a deed of mortgage

in the form of an English Mortgage and have the same registered at the cost of the Company

/Firm Concern if and wherever the Corporation find it advisable to do so during the pendency of

the liability of the company firm concern to the corporation. Do hereby appoint the Corporation

to be its attorney for its and in its name and on its behalf for otherwise for the

Company/Firm/Concern for the purpose hereinafter mentioned.

To execute a mortgage in the form know as English Mortgage of the whole of the assets of the

company/firm sole proprietor including and building machinery a electric fittings both present

and future in favour of the corporation on terms and condition contained in the agreement and

deed of hypothecation.

To sign the said deed of mortgage for and behalf of the Company/Firm concern and to have it

registered with proper registering authority by admitting its execution and passing of

consideration on behalf of the company/firm/concern and for the company/firm/concern.

And also execute and to do all such other acts and things as our said attorney shall deem fit for

the purpose of securing the said repayment of the loan by the company /firm concern aforesaid.To perform and obtain the Income-tax clearance certificate under Section 230-A (I) of Income-

tax Act, for and on behalf of the borrower

To apply and obtain the necessary permission/exemption under Urban Land Ceiling and

Regulation Act, 1976 for and on behalf of the borrower, if necessary to perform the above

functions either through him for through lawfully constituted authority.

And the company/firm/concern hereby does agree to ratify and confirm whatever its said

attorney shall do here under.


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IN WITNESS WHEREOF, I/We ____________have hereunto set my/our hand(s) this

__________day of ________in the year ____________

______________________

______________________

Signature

Deed Of Revocation Of Power OF Attorney

THIS DEED OF REVOCATION OF POWER OF ATTORNEY is executed on this the .........day of

............2000 by Mr / Mrs................ s/o / w/o.................aged about.......vears, residing at

...................

WHEREAS I have executed a general power of attorney dated..................in favour of

................s/o w/o / D/o .........................aged about..........years, residing at .......................... .

A copy of the said Power of Attorney is hereto annexed and is hereinafter referred to as "the said

Power of Attorney"WHEREAS the aforesaid Sri..............has been acting adverse to my interest and I have already

revoked the said power of attorney dated.............by my registered letter dated............sent to the

aforesaid person Sri...........

NOW THIS DEED OF REVOCATION WITNESSETH AS FOLLOWS:

1. I do hereby confirm that I have cancelled and revoked the said Power of Attorney granted to

Sri ______________ dated........... with effect from.......... and I have also absolutely and

completely revoked all powers or authority given under the aforesaid power of attorney to the

aforesaid person with effect from the aforesaid date.

IN WITNESS WHEREOF. I have signed this deed on the day, the month and the year first

mentioned above.

WITNESSES:

1. EXECUTANT

2. (_____________________)

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IN THE COURT OF THE CIVIL JUDGE AT: ATMAKUR

O.S. No. of 2013

Between:

Mudlagiri Plaintiff

AND

SMT. BHAGYARATNAMA AND OTHERS Defendants

A F F I D A V I T S

I Mudlagiri S/o. Venkataramaaiah aged; 37 years occ: Business, R/o. Budanagali Grama,

Bellavi Houbli, Tumkur Taluk, do hereby solemnly affirm and state on the oath as follows:-

I submit that I am the Plaintiff in the above matter. I am well conversant with the facts of the case.

Hence, I am swearing to the contents of this affidavit.

I submit that, today I filed the above suit for Permanent Injunction, against the Defendants, Further; I

submit that, the averments made in the plaint may be read as part and parcel of this affidavit in order to

avoid the repetition of the facts.


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I submit that, all the original documents pertaining to the above case have been given to the bank for

availing loan and the same will be produced at the time of adducing evidence, Hence this Honble court

may be dispense with the

1

This Deed of Adoption

Documents

Transcript of This Deed of Adoption