Q1) Explain in brief three requirements of a deed of transfer?

A deed is the legal document that is used to transfer title (i.e., legal ownership) of real estate
from one person to another.

A deed of transfer is a legal document that indicates the transfer of a property from one
person to another. It also indicates the chain of owners. It serves as proof of ownership of the
property. The document may also include the following: deed of sale, wills, bonds etc.

For Example:-
Let's say that you are about to sell your house. However, accepting the buyer's offer doesn't
transfer your house to the buyer. You need to deed the property to the buyer. A deed is the
legal document that is used to transfer title (i.e., legal ownership) of real estate from one
person to another. The law imposes certain requirements for a deed to be valid and
enforceable. Let's take a look.

Formal Requirements
All deeds must be in writing to satisfy the statute of frauds, which is a statute in each state
that requires that certain agreements be in writing and signed by the person to be obligated
under the agreement.
In order to be valid, a deed must:
1) Identify the grantor and grantee.
2) Provide the legal description of the property.
3) Contain language establishing the grantor's intent to convey the property.

 Identify the grantor and grantee:-

You need to identify the grantor and grantee in the deed. The grantor is the person
transferring the property, and the grantee is the person receiving it.

 Provide the legal description of the property:-

You need to provide the legal description of the property.

 Contain language establishing the grantor's intent to convey the property:-

You must include words of conveyance, which is language sufficient to show the grantor
intends to convey (i.e., transfer) the property to the grantee. Use of the word grants or
conveys establishes the intent.
Q2) What do you understand by a recital in a deed of transfer ?
Recitals Of Deed: The recital of the deed must be short and intelligible. The recital of a deed
must contain a brief history of the property up to its vesting in the transferor.
Basically, recitals are two types.
1. Narrative recitals,
2. Introductory recitals.

 Narrative recitals:-
It means facts and circumstances which show the nature of interest to be dealt with.
Introductory recitals means those show the motive or intention behind the execution of the
deed and are immediately followed by the operative part , however
 Introductory recitals of a deed:-
It can contain facts culminating in the execution of the deed beginning from the agreement up
to the motive for such transfer.

Habendum: It means part of the deed which explains the interest that the purchaser is to take
in the property such phrases as '' to have'' and ''to hold'' are to be used, however, those are not
essential to make the transfer.

Q3) Can a minor be made a donee in a deed of gift ?

Section 122 of the Transfer of Property Act defines ‘Gift’ as:-
“Gift” is the transfer of certain existing moveable or immoveable property made voluntarily
and without consideration, by one person, called the donor, to another, called the donee, and
accepted by or on behalf of the donee.Acceptance when to be made. Such acceptance must
be made during the lifetime of the donor and while he is still capable of giving. If the donee
dies before acceptance, the gift is void.”

Section 127 throws light on the question of validity of transfer of property by gift to a minor.
It recognises minor’s capacity to accept the gift without intervention of guardian, if it is
possible, or through him.

“127. Onerous gifts. Where a gift is in the form of a single transfer to the same person of
several things of which one is, and the others are not burdened by an obligation, the donee
can take nothing by the gift unless he accepts it fully. Where a gift is in the form of two or
more separate and independent transfers to the same person of several things, the donee is at
liberty to accept one of them and refuse the others, although the former may be beneficial and
the latter onerous.

Onerous gift to disqualified person. A donee not competent to contract and accepting
property burdened by any obligation is not bound by his acceptance. But if, after becoming
competent to contract and being aware of the obligation, he retains the property given, he
becomes so bound.”

The last part of Section 127, clearly indicates that a minor donee, who can be said to be in
law incompetent to contract under Section 11 of the Contract Act is, however, competent to
accept a non onerous gift. Acceptance of an onerous gift, however, cannot bind the minor. If
he accepts the gift during his minority of a property burdened with obligation and on
attaining majority does not repudiate but retains it, he would be bound by the obligation
attached to it.
Thus the position in law, thus, under the Transfer of Property Act read with the Indian
Contract Act is that the acquisition of property being generally beneficial, a child can take
property in any manner whatsoever either under intestacy or by Will or by purchase or gift or
other assurance inter vivos, except where it is clearly to his prejudice to do so. A gift inter-
vivos to a child cannot be revoked. There is a presumption in favour of the validity of a gift
of a parent or a grandparent to a child, if it is complete. When a gift is made to a child,
generally there is presumption of its acceptance because express acceptance in his case is not
possible and only an implied acceptance can be excepted.

Section 122 covers the case of a minor donee being a person under legal disability. The
section, therefore, employs the expression – ‘accepted by or on behalf of donee’. Further,
Section 127 clearly indicates competence of a minor donee to accept the gift, if he is capable
of so doing. Such acceptance of a gift can be made by himself or on his behalf by someone
else.

It is pertinent to mention that when the gift of immovable property is not onerous, only slight
evidence is sufficient for establishing the fact of acceptance by the donee. When it is shown
that the donee had knowledge of the gift it is only normal to assume that the donee had
accepted the gift because the acceptance would only promote his own interest. Mere silence
may sometimes be indicative of acceptance provided it is shown that the donee knew about
the gift. No express acceptance is necessary for completing a gift.

It was open to the donor to transfer by gift title and ownership in the property and at the same
time reserve its possession and enjoyment to herself during her lifetime. There is no
prohibition in law that ownership in property cannot be gifted without its possession and right
of enjoyment.
Q4) Write down the difference between a deed of lease and a deed of license?

Lease Deed License Deed

 The parties to a lease are the 
lessor and lessee. Lessor is
the person who grants the
lease and lessee is the person
who accepts the lease.
 In a lease the actual 
possession is transferred to
the lessee.

 A lease is a transferable and 

heritable right.

 Stamp duty is higher. 

 Governed by Rent Control Act. 

 Lease agreement gives the 

power to alter or construct.

 Not revocable by the landlord. 

 Death of either party does not 

affect a lease as it is a
heritable right.

 Lease creates interest on the 

leased property in favour of
the lessee.

 A lease creates an interest in 

the property.

 A lease requires a written or 

oral agreement between two
parties.

 In a lease the money to be 

rendered is called rent.
Q5) Give 3 essential characteristic of a valid will ?
A fundamental characteristic of property is that it cannot be without an owner. On a person’s
death his property has to vest into someone and the act of transmission of the property is
referred to as succession. The law of succession is divisible into two parts testamentary and
intestate succession. When a person makes a will disposing of his property it is governed by
the law of testamentary succession. In cases where a will has not been made then the law of
intestate succession kicks in and his property is acquired by his heirs as per intestate law.
This piece is concerned with wills and hence only testamentary succession (which means
succession by will) shall be examined.
A will is a legal declaration for a voluntary posthumous disposition of property. The law
relating to wills may be found in the Indian Succession Act, (ISA) 1925 where Section 58
states the law therein applies to everyone except Muslims.

The essential characteristics of a will are:

 There must be an intention for the testament to take effect after the testator’s death.
 It is the legal declaration of intention with respect to property (the declaration is not
fulfilled if the forms and formalities prescribed by the law and not fulfilled).
 The declaration with respect to the property must involve a disposition of property
and not the mere appointment of a successor.

Q6) What ingredients should be kept in mind by an advocate while drawing a plaint?
A plaint is a legal document that contains a lot of necessary contents in the absence of which,
it cannot be considered as a plaint. The contents necessary for a plaint are mentioned in Rules
1 to 8 of Order VII of CPC. These are mentioned below:

 Plaint should contain the name of the commercial or civil court where a suit will be
initiated.
 Plaint should contain details of the plaintiff such as the name, address, and
description.
 Plaint should contain the name, residence, and description of the defendant.
 When a plaintiff has some defects or problems in health or any type of disability, the
Plaint should contain a statement of these effects.
 Plaint should contain the facts due to which cause of action arises and where the cause
of action arises it should also be mentioned.
 Plaint should not only mention facts due to which cause of action arises but also those
facts which help in recognizing the jurisdiction.
 Plaint should also contain about that relief which the plaintiff seeks from the court.
 When the plaintiff is ready to set off a portion of his claim, the Plaint should contain
that amount which has been so allowed.
  Plaint should contain a statement of the value of the subject-matter of suit not only for
the purpose of jurisdiction but also for the purpose of court-fees.
 At last, the content that should be on plaint is the plaintiff verification on oath.

This shows that the plaint is a necessary component for the successful initiation of suits in
commercial or civil courts and plays a very important role throughout the suit. Some
additional particulars which were not mentioned above include the following: Plaintiff shall
state the exact amount of money to be obtained from the defendant as given under Rule 2 of
order VII whereas Rule 3 of order VII of CPC states that when the plaint contains subject
matter of immovable property, then the property must be duly described.

Q7) Briefly explain cause of action ?

Introduction:-
The cause of the action is a bundle of facts which allow a person to establish his or her legal
rights against another. If any person is violating his constitutional rights because of certain
circumstances, he can defend his right instantly. He must show how his lawful right has
harmed in all these things.

Meaning:-
The legal meaning of the cause of action is that the plaintiff has the right to take legal action
against another person on the basis of the facts. A plaintiff can thus secure his constitutional
right by bringing a lawsuit against the defendant underlying it.
The primary aspect of the case is the cause of action. Without a particular object of the act a
complainant’s suit may be dismissed. The court may decline to consider a complaint if the
case is without cause for action.

Definition of cause of action in CPC:-

In the law of Civil Procedure Code 1908, the legal terms of the cause of action are specified
in different ways. But the word “cause of action” is not specified either in the Code of Civil
Procedure or elsewhere. Here are references to some case laws that are more easily identified
to be properly defined.
Under Section 20 of the Civil Procedure Code, 1908, “cause of action” means any fact that
must be produced in favour of the right to obtain a judgment.

 According to the case of Om Prakash Srivastava v. Union of India and Anr. (2006 6
SCC 207),[1], The Supreme Court noted, in the following words, tried to clarify the
expression:
“Cause of action” means, in the restricted sense, the circumstances which constitute a
infringement of the right or the immediate cause for the reaction. In the wider sense it implies
the conditions required for the enforcement of the action, including the violation of the right
and the violation combined with the power itself. Compendiously, as noted above, the
expression means any fact that the plaintiff would need to assert, if violated, to maintain his
right to the Court’s judgment. Every circumstance that is required to be established, as
distinguished from every piece of evidence that is necessary, to prove that every fact is part
of “cause of action.”

Jurisdiction of cause of action in CPC:

According to Section 20 of the CPC, a plaintiff may bring a suit within the jurisdiction where
the defendant resides or carries out business or personal work for a benefit or in full, if there
is some part of the action’s purpose.
One thing we should know here is that the place of residence jurisdiction means the location
where the employee works and lives, but not where he or she is born or where he or she is
from.
In some cases, where two or more courts have jurisdiction for a suit dispute, the parties may
file suit between courts in those circumstances to the jurisdiction of any one court.

 In the case of Canon Steels P.Ltd. Vs Commissioner Of Customs (2007 AIR SCW
7253),[7], The supreme court held that even if a small part of the case occurs within
the competence of the High Court, it may refuse to exercise its discretionary
authority.

Q9)

Q10) Briefly state the essential ingredient of a writ petition?

The Constitution of India provides various rights to the citizens of India. One of the most
essential rights for the intellectual and moral development of citizens of India are
fundamental rights. These rights are mentioned under Part – III of Indian Constitution
including rights to equality, right to freedom, right against exploitation, right to freedom of
religion, cultural and educational rights and right to constitutional remedies. Merely stating
these rights under the constitution and providing them to the citizens of India is not sufficient.
It is required that these rights should be protected.

In order to protect these essential rights, Article 32 and Article 226 of the Indian Constitution
provides remedies and enforcement of rights mentioned under Part – III. Article 32 and
Article 226 provides the right to move to the Supreme Court and the High Court respectively
through appropriate proceedings. This right can be availed by any person whose fundamental
rights are violated.

What is a Writ?
A writ means an order that is issued under an authority. Therefore, a writ can be understood
as a formal order issued by a Court.
A writ petition is an application filed before a Court, requesting to issue a specific writ.

Let’s try to understand when you can invoke your right to constitutional remedies. We’ll
break it up into four main conditions that need to be satisfied.

1. First of all, one of your Fundamental Rights needs to be violated. This means any one or a
combination of your broad Fundamental Rights – namely the right to equality, right to
freedom, right against exploitation, right to freedom of religion, and cultural and educational
rights, along with any of the more specific rights mentioned under these (such as the right to
education), need to be breached.

2. Secondly it won’t merely do if HR manager Ram at the California based software

Company where you work implements a policy partial to men or next door neighbour Shyam
cuts you off and doesn’t let you talk at an apartment resident’s association meeting. By and
large fundamental rights are invoked against ‘the State’. Who or what is this shadowy ‘the
State’, spelled with a capital S you ask? ‘The State’ is a collective reference to the bodies
against whom Fundamental Rights are enforceable. Article 12 of the Indian Constitution
attempts to sketch out who exactly ‘the state’ is. As per Article 12, ‘ the State’ includes’:

a. The Government and Parliament of India.

b. The Government and Parliament of each of the states of India.
c. All local and other authorities under the pervasive and predominant control of the
Government of India. Local authorities are those such as panchayats and local municipalities
while an example of other authorities would be a governmental body.

The makers of the constitution envisaged the enforceability of citizen’s Fundamental Rights
against the government to be one of the key holders of the government’s accountability to the
people.
3. Thirdly you need to be more than just a witness to this breach of Fundamental Right. You
need to be the victim, In general, you need to be the person whose constitutional right or legal
right has been infringed. However, to expand the base of citizens who can file writs, the
judiciary has come up with something called the ‘doctrine of sufficient interest’. As per this
doctrine, any person whose fundamental rights are remotely affected in the tiniest way can
petition the court to pass a writ order. It also allows proactive people focused on public
betterment to file writ petitions for any person or class of people if that person or class of
people cannot afford it.

4. Fourthly and finally, if your Fundamental Right is in fact violated by the State, even then
you can’t just march into any court or tribunal in this country and demand that your writ
petition be passed. In the three tiered system that is the Indian judiciary, it’s only the second
and the highest rungs, namely the High Courts and the Supreme Court have the authority to
issue writs.

There you have the essential elements of a writ filing. Fundamental Rights, violation of these
rights, ‘the State’, victims not witnesses, and the higher judiciary. That’s how you establish
the right to your writ.

Part-B