FAMILY SETTLEMENT /AGREEMENT

THIS FAMILY SETTLEMENT/AGREEMENT is made at Karachi

this_____ day of March in the year Two Thousand and Eighteen
BETWEEN:

MRS. SHAHIDA WIFE OF MUHAMMAD JAWEED, holding

CNIC No. 42301-0758284-2, Muslim, adult, resident of Qasr-e-

Iqbal, TL-1/56, Imam Bara Street No. 3, off Nishter Road, Karachi

(hereinafter referred to as “THE FIRST PARTY” which term

wherever the context so permits shall mean and include her heirs,

legal representatives, successors, executors, administrators,

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assigns and all persons claiming title through or under her) of the

“FIRST PART”;

AND

MRS. SHABANA WIFE OF MUHAMMAD AAMIR, holding

CNIC No. ___________, Muslim, adult, resident

of---------------------------------------------------------------------------,Matyar

i, presently at Karachi (hereinafter referred to as “THE SECOND

PARTY” which term wherever the context so permits shall mean

and include her heirs, legal representatives, successors, executors,

administrators, assigns and all persons claiming title through or

under her) of the “SECOND PART”;

AND

MRS. SAIMA WIFE OF YOUNUS HAIDER, holding CNIC No.

___________, Muslim, adult, resident

of---------------------------------------------------------------------------,

Karachi (hereinafter referred to as “THE THIRD PARTY” which

term wherever the context so permits shall mean and include her

heirs, legal representatives, successors, executors, administrators,

assigns and all persons claiming title through or under her) of the

“THIRD PART”;

AND

MISS ASMA DAUGHTER OF LATE FAQEER MUHAMMAD,

holding CNIC No. 42301-4817685-8, Muslim, adult, resident of

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Qasr-e-Iqbal, TL-1/56, Imam Bara Street No. 3, off Nishter Road,

Karachi (hereinafter referred to as “THE FOURTH PARTY”

which term wherever the context so permits shall mean and

include her heirs, legal representatives, successors, executors,

administrators, assigns and all persons claiming title through or

under her) of the “FOURTH PART”;

AND

MISS KULSOOM DAUGHTER OF LATE FAQEER

MUHAMMAD, holding CNIC No. ___________, Muslim, adult,

resident of Flat No. 508, 5th floor, Umar Arcade, opposite Khalifa

Ashraf Masjid, Durra Khan Road, Lyari Quarters, Karachi

(hereinafter referred to as “THE FIFTH PARTY” which term

wherever the context so permits shall mean and include her heirs,

legal representatives, successors, executors, administrators,

assigns and all persons claiming title through or under her) of the

“FIFTH PART”;

AND

GHULAM HUSSAIN SON OF LATE FAQEER MUHAMMAD,

holding CNIC No. ___________, Muslim, adult, resident of Flat

No. 508, 5th floor, Umar Arcade, opposite Khalifa Ashraf Masjid,

Durra Khan Road, Lyari Quarters, Karachi (hereinafter referred

to as “THE SIXTH PARTY” which term wherever the context so

permits shall mean and include his heirs, legal representatives,

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successors, executors, administrators, assigns and all persons

claiming title through or under him) of the “SIXTH PART”;

AND

MISS ALMAS DAUGHTER OF LATE FAQEER

MUHAMMAD, holding CNIC No. ___________, Muslim, adult,

resident of Flat No. 508, 5th floor, Umar Arcade, opposite Khalifa

Ashraf Masjid, Durra Khan Road, Lyari Quarters, Karachi

(hereinafter referred to as “THE SEVENTH PARTY” which term

wherever the context so permits shall mean and include her heirs,

legal representatives, successors, executors, administrators,

assigns and all persons claiming title through or under her) of the

“SEVENTH PART”:

WHEREAS all the parties above-named are Children of Faqeer

Muhammad and Mst. Rehmat Bano;

AND WHEREAS the said Faqeer Muhammad died at Karachi on

31-10-2012 and left him surviving Mst. Aisha Usman (Mother),

Mst. Rehmat Bano (Widow) and the above-named parties

(Children) but at the time of his death neither any immoveable

property nor any moveable property was in his name;

AND WHEREAS the said Mst Rehmat Bano widow of Faqeer

Muhammad died at Karachi on 27-05-2015 and left her surviving

the above-named parties as her legal heirs;

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AND WHEREAS deceased Mst. Rehmat Bano left behind the

following immoveable and moveable properties:-

i) Flat No. 508, 5th floor, admeasuring 700 square feet, Umar
Arcade, opposite Khalifa Ashraf Masjid, Durra Khan
Road, Lyari Quarters, Karachi (hereinafter referred to as
“THE SAID FLAT”) having present market value of
Rs.14,90,000/- (Rupees Fourteen Lac and Ninety
Thousand only), which is in use and occupation of
FIFTH PARTY, SIXTH PARTY AND SEVENTH
PARTY without any consideration;

ii) Bank Account No: 05270003796201 in Habib Bank

Limited, Nanakwada Branch, Karachi, having the
balance amount of about Rs. 2,80,000/- (Rupees Two Lac
and Eighty Thousand only) (hereinafter referred to as
“THE SAID ACCOUNT”);

iii) Gold Ornaments namely :-

a) One gold bangle,

b) One pair of Earing Set,

c) One Gold Coin of 11.6638125 grams (One Tola),

d) One normal Gold set (comprising of Necklace,

Earing and Ring),

e) One pair of Gold Tops,

f) Two Gold Rings,

g) One small Gold Locket,

(hereinafter referred to as “ THE SAID GOLD ORNAMENTS”)

the value of the said Gold Ornaments will be assessed by Jeweler;

iv) Household articles (hereinafter referred to as “ THE

SAID HOUSEHOLD ARTICLES”);
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 v) Moveable properties namely:-

a) Four ceiling Fan,

b) One Air conditioner (Split),

c) One Tv,

d) One Full Size Dawlance Fridge,

e) One Microwave,

f) One Stove Set,

g) One Washing Machine,

h) One Single Bed,

i) One TV trolley (Fixed in the wall but

removable),

j) Three Full Size Iron Cupboards,

k) One Wooden Cupboard,

l) One Wooden Divider,

m) One joint Wooden Furniture comprising of

Showcase and left and right attach Cupboards,

n) One VCR,

o) VCR family movies,

p) Iron for pressing clothes,

(hereinafter referred to as “THE SAID MOVEABLE

PROPERTIES”) the value of the said moveable properties will be

assessed from the concern market;

vi) Cash amount of Rs.70,000/- (Rupees Seventy Thousand

only) paid to the SIXTH PARTY as loan at the time of his

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 marriage (hereinafter referred to as “THE SAID LOAN

AMOUNT”).

vii) Remaining amount of Rs. 8,000/- ( Rupees Eight Thousand

only) payable by the SIXTH PARTY which was obtained to

purchase motorcycle (hereinafter referred to as “THE SAID

REMAINING AMOUNT”);

AND WHEREAS the grand-mother of the parties above-named

Mst. Aisha Usman used to be look after by the FOURTH PARTY

till March 2015 and then by the FIFTH PARTY uptil now;

AND WHEREAS the sensitive issue of keeping Mst. Aisha

Usman, grand-mother of the parties above-named, who is

presently residing in the said flat, having age of about 85 years,

after the sale of the said flat has been mutually decided;

AND WHEREAS the parties above-named have agreed to enter

into this family settlement/agreement to resolve all disputes

regarding the above-referred items, upon the terms and

conditions stipulated herein-below.

NOW THEREFORE THIS FAMILY SETTLEMENT/

AGREEMENT WITNESSETH AS FOLLOWS:-

1. The parties above-named hereby declare that they have

settled all their disputes regarding the above-referred items,

upon the terms and conditions, which shall be performed

turn by turn as stipulated herein-below.

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2. FIRSTLY, the SIXTH PARTY hereby agrees to refund the

said loan amount of Rs. 70,000/- (Rupees Seventy Thousand

only) and the said remaining amount of Rs. 8,000/- (Rupees

Eight Thousand only) at the time of signing this Family

Settlement/Agreement by the parties above-named, which

shall be distributed among the parties above-named

according to the Mohammedan Law in that, the SIXTH

PARTY shall get 2/8th share and the remaining parties

(sisters) shall get 1/8th share each.

3. SECONDLY, all the parties above-named hereby agree that

the said Gold Ornaments, the said household articles and

the said moveable properties shall be sold according to the

market price in presence of all the parties above-named and

their advocates or associates of their advocates and the total

amount received shall be distributed among the parties

above-named according to the Mohammedan Law in that,

the SIXTH PARTY shall get 2/8th share and the remaining

parties (sisters) shall get 1/8th share each. However, any

party out of the above-named parties shall be at liberty to

purchase any item at the price offered by the market and the

other parties shall not raise any objection.

4. The parties above-named hereby declare and agree that all

VCR family movies are in the possession of FIFTH PARTY

and SEVENTH PARTY, who shall provide the same to the

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 FIRST PARTY and FOURTH PARTY to make copies of the

same and after making copies, the FIRST PARTY and

FOURTH PARTY shall return the same to the FIFTH

PARTY and SEVENTH PARTY.

5. THIRDLY, the parties above-named hereby agree that the

SIXTH PARTY shall file Succession Misc. Application

(SMA) in the Court of District Judge, Karachi-South, to

obtain Letter of Administration in respect of the said flat

and Succession Certificate in respect of the said account as a

petitioner with an application for appointment of Nazir to

get mutation of the said flat in the names of the parties

above-named in the Record of Rights and to obtain the

amount lying in the said account and to distribute the same

among the parties above-named according to the

Mohammedan Law in that, the SIXTH PARTY shall get

2/8th share and the remaining parties (sisters) shall get 1/8 th

share each. It is further agreed that all the parties above-

named except SIXTH PARTY shall give their no objection

for grant of the said Succession Misc. Application (SMA) in

favor of the SIXTH PARTY subject to the condition

stipulated in this clause.

6. The parties above-named hereby agree that all the expenses

of Successions Misc. Application (SMA) including

publication charges, Nazir fee and Advocate fee shall be

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 borne and paid by all the parties above-named as per their

shares in that, the SIXTH PARTY shall pay 2/8th and the

remaining parties (sisters) shall pay 1/8th each.

7. FOURTHLY, the parties above-named hereby declare that

all the parties above-named except SIXTH PARTY agree to

sell the said flat to the SIXTH PARTY for the total sale

consideration of Rs.14,90,000/- (Rupees Fourteen Lac and

Ninety Thousand only) and SIXTH PARTY agrees to

purchase the said flat for the total sale consideration of

Rs.14,90,000/- (Rupees Fourteen Lac and Ninety Thousand

only), out of which Rs. 3,72,500/- (Rupees Three Lac

Seventy two Thousand and Five Hundred only) shall be

deducted being the share of SIXTH PARTY and all other

parties shall get Rs.1,86,250/- (Rupees One Lac Eightysix

Thousand and Two Hundred and Fifty only) being share of

each party.

8. The parties above-named hereby declare that upon receipt

of Rs.1,86,250/- (Rupees One Lac Eighty six Thousand and

Two Hundred and Fifty only) being share of each party,

each party shall execute sale deed, gift deed or deed of

relinquishment in favor of the SIXTH PARTY, which shall

be the choice of the SIXTH PARTY.

9. The parties above-named hereby declare that upon the

execution of required document of title in favor of the

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 SIXTH PARTY, the FIFTH PARTY and SEVENTH PARTY

agree to vacate and handover vacant and peaceful

possession of the said flat to the SIXTH PARTY, who is

presently in possession of one bed room in the said flat.

10. The SIXTH PARTY hereby agrees to bear all expenses

regarding transfer of the said flat in his favour including

stamp duty, registration fee, Advocate fee and any other

expense in this behalf.

11. FIFTHLY AND LASTLY, the parties above-named hereby

declare that the grand-mother of the parties above-named

Mst. Aisha Usman used to be look after by the FOURTH

PARTY till March 2015 and then by the FIFTH PARTY uptil

now.

12. The sensitive issue of keeping Mst. Aisha Usman, grand-

mother of the parties above-named, who is presently

residing in the said flat, having age of about 85 years, after

the sale of the said flat has been mutually decided in the

manner that after vacating the said flat, the FIFTH PARTY

shall handover the custody of Mst. Aisha Usman, grand-

mother of the parties above-named to the FOURTH

PARTY, who shall keep the custody of Mst. Aisha Usman,

grand-mother of the parties above-named for six months

and then handover the same to the FIFTH PARTY, who

shall also keep the custody of Mst. Aisha Usman, grand-

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 mother of the parties above-named for six months and this

process shall continue in the same manner till the death of

Mst. Aisha Usman, grand-mother of the parties above-

named.

13. The parties above-named hereby declare and agree that

except the FOURTH PARTY and FIFTH PARTY no other

party shall have right to claim custody of Mst. Aisha

Usman, grand-mother of the parties above-named.

14. The FOURTH PARTY and FIFTH PARTY hereby declare

and agree that all the other parties shall have right to visit

Mst. Aisha Usman, grand-mother of the parties above-

named after 06:00 P.M.

15. The parties above-named hereby declare and agree that no

one shall blame each other in case of serious illness or death

of Mst. Aisha Usman, grand-mother of the parties above-

named.

16. The parties above-named hereby declare and agree that in

case of violation of the conditions stipulated in clauses 10 to

14 above, the effected party shall be at liberty to either lodge

FIR against the party who violates the conditions stipulated

in clauses 10 to 14 above or to approach the Court of law.

17. THE THIRD PARTY, SIXTH PARTY AND SEVENTH

PARTY hereby declare, undertake and agree that after

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 receiving of their entire share in all the properties except the

said flat, they shall gift their shares in favor of FIFTH

PARTY in consideration of love and affection being un-

married sister.

18. The parties above-named hereby declare that none of them

shall have any claim against each other in respect of any

item mentioned herein in any manner whatsoever.

19. It is mutually agreed by and between the parties above-

named that this Family Settlement/Agreement is

irrevocable in any manner whatsoever.

20. It is mutually agreed by and between the parties above-

named that if any term of this Family

Settlement/Agreement is declared illegal, unlawful, null

and void or unenforceable in law, the same shall not

invalidate or effect the legality, validity or enforceability of

all other terms of this Family Settlement/ Agreement, which

shall remain valid and effective and this Family

Settlement/Agreement shall continue to remain in force.

21. It is mutually agreed by and between the parties above-

named that they hereby undertake to abide by the terms

and conditions of this Family Settlement/Agreement.

22. It is mutually agreed by and between the parties above-

named that in case of threat by any party to the other party

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 by any mode either by call or through message or through

any other element, the effected party who receive such

threat, shall be at liberty to either lodge FIR against the

party who threats or to approach the Court of law.

23. It is mutually agreed by and between the parties above-

named that this Family Settlement/Agreement is prepared

in Seven Copies and each shall be treated as original.

24. It is mutually agreed by and between the parties above-

named that each party shall deposit the copy of this Family

Settlement/Agreement with the Police Station, in whose

jurisdiction the party will reside after vacating the said flat

for protection of life, liberty and property.

IN WITNESS WHEREOF the parties above-named have

executed this Family Settlement/Agreement the day, month and
year first above written.

____________________________
MRS. SHAHIDA WIFE OF
MUHAMMAD JAWEED

“THE FIRST PARTY”

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 ____________________________
MRS. SHABANA WIFE OF
MUHAMMAD AAMIR

“THE SECOND PARTY”

______________________________
MRS. SAIMA WIFE OF
YOUNUS HAIDER

“THE THIRD PARTY”

______________________________
MISS ASMA DAUGHTER OF
LATE FAQEER MUHAMMAD

“THE FOURTH PARTY”

________________________________
MISS KULSOOM DAUGHTER OF
LATE FAQEER MUHAMMAD

“THE FIFTH PARTY”

________________________________
GHULAM HUSSAIN SON OF
LATE FAQEER MUHAMMAD

“THE SIXTH PARTY”

________________________________
MISS ALMAS DAUGHTER OF
LATE FAQEER MUHAMMAD

“THE SEVENTH PARTY”

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Signed, executed and delivered by the
within named parties in the presence of :

1. _____________________________

2. ______________________________

WITNESSES

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