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ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

ASSIGNMENTS
ON
DRAFTING, PLEADING, CONVEYANCING

SUBMITTED BY:-
MOHD SAKIB

GU17R0032

4TH YEAR, 8TH SEMESTER

SUBMITTED TO:–
MISS. ALQAMA MA’AM

(Faculty of DPC)
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

PROBLEM

On June 2nd, 2020 Ram Singh, a school teacher was travelling from Dehradun to Hardwar
by Bus No. 1540 of UKSRTC. He sustained serious injuries due to the negligence,
misconduct and wrongful act of the driver of the bus, Mohd. Hakim and the conductor
attached with the bus by the corporation, Sundar Lal (who was driving the bus at the time
of accident). He, with the other casualties, was admitted to government hospital of
Dehradun. He lost one of his hand permanently. His medical treatment continued in
different hospitals till September 25, 2020 and during this period he could not perform
his teaching work, household duties and cultivation.

Now, Ram Singh wants to file a suit against the UKSRTC, the driver of the bus and the
conductor for a compensation of ₹25 lakhs.

Write a Plaint for the plaintiff Ram Singh on the basis of above-mentioned facts.

Prepare a written-statement for the defendant no. 1 i.e. UKSRTC answering the Plaint.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

PLAINT

IN THE DISTRICT COURT OF CIVIL JUDGE (SENIOR DIVISION), DEHRADUN

Civil Suit No. _______ of 2020

(Under Order- XXIX of Code of Civil Procedure, 1908)

IN THE MATTER OF:

Ram Singh, R/o- 568 KA/352, Krishnapalli, Patel Nagar, Dehradun

PLAINTIFF

VERSUS

Secretary, Uttrakhand State Road Transport Corporation, MG Marg, Dehradun

DEFENDANT-1

AND

Mohd. Hakim, Driver, Bus No. 1540 of Uttrakhand State Road Transport Corporation

DEFENDANT-2

AND

Sundar Lal, Conductor, Bus No. 1540 of Uttrakhand State Road Transport Corporation

DEFENDANT-3

Ram Singh, the plaintiff named-above states as follows-

1. The the plaintiff is a school teacher, teaching in Doon Public School, Sector-I,
Aashiyana, Dehradun.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

2. That the defendant-1 is hereinafter referred as D1. Similarly defendant-2, the


driver of the bus is hreinafter referred as D2. In the same way defendant-3, the
conductor of the bus is hereinafter referred as D3.
3. That on the 2nd day of June, 2020 the plaintiff was travelling from Dehradun to
Hardwar by bus no. 1540 of Uttrakhand State Road Transport Corporation. The
copy of the ticket of bus is annexed herewith and marked as Annexure 1.
4. That the accident of the bus happened after the bus left Dehradun at NH27. The
bus in which the plaintiff was travelling dashed against another bus resulting in
grievous injuries in the right hand of the plaintiff with other bruises.
5. That at the time of the accident D3 was at wheels driving the bus instead of D2,
who was sitting next to him and due to the misconduct and wrongful act on the
part of D2 and negligence and wrongful conduct on the part of D3, the accident
took place and plaintiff got injured.
6. That D2 has given authority to D3 to drive the bus.
7. That the plaintiff with other casualties was admitted to the Doon Hospital ,
Dehradun, Uttrakhand. The plaintiff’s condition was so serious that after initial
treatment he was referred to Max Hospital, Mausoori Road, Dehradun, Uttrakhand
on 3 June, 2020. The copy of bills of the Doon Hospital is annexed herewith and
marked as Annexure-2.
8. That on being treated in Max Hospital, Dehradun, Uttrakhand the doctors there
declared that the plaintiff lost his right hand permanently. He got operated on 4
June, 2020 and after further treatments got discharge on 12 June, 2020. The copy
of discharge summary and hospital bills of Max Hospital is annexed herewith and
marked as Annexure 3.
9. That on being discharged, he returned back to home and his further medical
treatment like dressing of wounds, medication, consultation with doctors etc.
continued in Medigram Hospital, Dehradun Finally, on September 25, 2020
doctors declared that now he need no medical treatment except some
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

physiotherapy and exercises at home. The copy of bills of Medigram Hospital is


annexed herewith and marked as Annexure-4.
10. That due to the negligence, misconduct and wrongful act on the part of D2 and
D3, the plaintiff suffered mental trauma as well as a permanent physical disability
from 2 June to 25 September i.e. 4 months and he could not perform his teaching
work, household duties and cultivation of his land in his village. Due to the loss of
his right hand permanently, he cannot write in future which is the main part of
teaching profession.
11. That the plaintiff issued a legal notice to D1 on 30 September, 2020 asking for the
compensation to his loss and gave him a time of one month to reply. The copy of
the notice is annexed herewith and marked as Annexure-5.
12. That D1 did not reply at all, neither it took any action against D2 and D3.
13. That the cause of action arises to the plaintiff against the defendants within the
jurisdiction of this Hon’ble Court on 4 November, 2020.
14. That the suit has pecuniary limit of ₹25 lakh and therefore, the suit lies within the
pecuniary jurisdiction of the Hon’ble Court.
15. That D1 having registered office at MG Marg and therefore, the suit lies within
territorial jurisdiction of the Hon’ble Court.
16. That with the effect of paragraph no. 14 and 15 the suit is maintainable in this
Hon’ble Court and lies within its jurisdiction.

PRAYER

The plaintiff thereby prays:

i. That a total compensation of ₹ 25 lakh from all the three defendants as and for
damages.
ii. That plaintiff demands a permanent job for his livelihood from D1 as now he
cannot continue his teaching job due to permanent loss of his right hand.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

That the Court fees of ₹ _____ with regard to the value of the suit has been deposited in
the Hon’ble Court.

___________________ __________________
PLAINTIFF’SADVOCATE PLAINTIFF

VERIFICATION

I, the plaintiff named above do hereby verify that the contents of this plaint from
paragraph 1 to 13 are true and correct to my personal knowledge and paragraph 14 to 16
are believed to be true and correct according to the legal advice received to me.

Signed and verified on November 10, 2020 at Lucknow.

___________________ __________________
PLAINTIFF’SADVOCATE PLAINTIFF
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

WRITTEN STATEMENT

IN THE DISTRICT COURT OF CIVIL JUDGE (SENIOR DIVISION), DEHRADUN

Civil Suit No. _______ of 2020

(Under Order- XXIX of Code of Civil Procedure, 1908)

IN THE MATTER OF:

Ram Singh, R/o- 568 KA/352, Krishnapalli, Patel Nagar

PLAINTIFF

VERSUS

Secretary, Uttrakhand State Road Transport Corporation, MG Marg, Dehradun

DEFENDANT-1

AND

Mohd. Hakim, Driver, Bus No. 1540 of Uttrakhand State Road Transport Corporation

DEFENDANT-2

AND

Sundar Lal, Conductor, Bus No. 1540 of Uttrakhand State Road Transport Corporation

DEFENDANT-3

Defendant-1 stated above replies to the plaint by plaintiff as follows-

1. That the defendant-1 is a renowned transport corporation since May 15, 1947.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

2. That the defendant-1 is accepting some facts as well as denying some facts stated
in the plaint by the plaintiff and hereby asserts that the facts which are not
expressly accepted or denied shall be deemed to be denied.

PRELIMINARY ACCEPTANCE:

3. That the defendant-1 is accepting all the facts stated in the plaint except paragraph
no. 12. Hence, rest of the paragraphs needs no reply.

PRELIMINARY OBJECTIONS:

4. That the defendant-1 is denying the facts stated in paragraph no-12. In his defense,
the defendant-1 states that he has sent a letter of condolence to the plaintiff
regarding his loss along with a letter describing the fact showing that defendant-1
is not liable to give any compensation as the mistake was not in his part. The copy
of both the letters is annexed herewith as Annexure-1.

That the preliminary objections, stated hereinabove, are of vital nature and go to the very
root of the case and shall be adjudicated. However, without prejudice to the preliminary
objections, the defendant-1 submits its reply as follows:

5. That at the time when the accident happened, it was not the driver of the bus that
drove it but it was the conductor who drove the same and the accident not having
occurred by negligent driving on the part of the driver but by the conductor.
6. That with effect to paragraph no. 5, it could not be said that the accident happened
in the course of employment as the conductor’s duty was not drive the bus but to
look after other work and the driving not being within the scope of his
employment.
7. That the plaintiff has not disclosed the true facts in the plaint and created a lacuna.
8. That after being discharged from Doon Hospital and while heading towards Max
Hospital, Dehradun in a private taxi, the plaintiff had another accident in which
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

the injury was inflicted in his right hand which became the reason of the
permanent loss of his right hand.
9. That with effect to paragraph no. 5, 6, 7 and 8, the suit is not maintainable against
the defendant-1 in this Hon’ble Court.

PRAYER

That the defendant-1 thereby prays to dismiss the suit against him as it is not
maintainable in this Hon’ble Court.

____________________ _____________________

DEFENDANT’S ADVOCATE DEFENDANT

VERIFICATION

I, the defendant named above do hereby verify that the contents of this written-statement
from paragraph 1 to 8 are true and correct to my personal knowledge and paragraph 9 are
believed to be true and correct according to the legal advice received to me.

Signed and verified on November 10, 2020 at Lucknow.

____________________ _____________________

DEFENDANT’S ADVOCATE DEFENDANT


ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

FIRST INFORMATION REPORT

The first information report means information recorded by a police officer on duty given either
by the aggrieved person or any other person to the commission of an alleged offence. On the
basis of first information report, the police commence its investigation. Section 154 of the Code
of Criminal Procedure, 1973 defines as to what amounts to first information. The said section
reads as under:-

Information in cognizable cases-

1. Every information relating to the commission of a cognizable offence, if given orally to


an officer-in-charge of a police station, shall be reduced to writing by him or under his
direction, and be read over to the informant; and every such information, whether given
in writing or reduced to writing as aforesaid shall be signed by the person giving it, and
the substance thereof shall be entered in a book to be kept by such officer in such form as
the State Government may prescribe in this behalf.

2. A copy of the information as recorded under sub-section (i) shall be given forthwith, free
of cost, to the informant.

3. Any person aggrieved by a refusal on the part of an officer-


in-charge of police station to record the information referred to in sub-section (1) may
send the substance of such information, in writing and by post to the Superintendent of
Police concerned, who if satisfied that such information discloses the commission of a
cognizable offence shall either investigate the case himself or direct an investigation to
be made by any police officer subordinate to him, in the manner provided by this Code,
and such officer shall have all the powers of an officer-in-charge of the police station in
relation to that offence.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

The provision in section 154 regarding the reduction of oral statement to writing and obtaining
signature of the informant to it, is for the purpose of discouraging irresponsible statement about
criminal offences by fixing the informant with the responsibility for the statement he makes.

Refusal by the informant to sign the first information is an offence punishable under section 180
of the Indian Penal Code. The absence of signatures on the first information report by the
informant, however, is not necessary to the extent that it will vitiate and nullify such report. The
first information is still admissible in evidence.

In order to constitute an FIR in terms of section 154 of the Code. Of Criminal Procedure, 1973
two conditions are to be fulfilled:-

(a) What is conveyed must be an information; and

(b) That information should relate to the commission of a cognizable offence on the face of it.

In other words, FIR is only a complaint to set the affairs of law and order in motion and it is only
at the investigation stage that all the details can be gathered. In one of the judgments, the
Madhya Pradesh High Court observed that the report of the crime which is persuading the police
machinery towards starting investigation is FIR, subsequent reports are/were written, they are
not hit under section 161 of the Code of Criminal Procedure, 1973 and cannot be treated as such.

Who can File an FIR?

First Information Report (FIR) can be filed by any person. He need not necessarily be the victim
or the injured or an eye-witness. First Information Report may be merely hearsay and need not
necessarily be given by the person who has first-hand knowledge of the facts.

Where to File an FIR?

An FIR can be filed in the police station of the concerned area in whose jurisdiction the offence
has occurred.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

PROBLEM

QUES: Create a problem on the subject ‘MURDER’ and write an FIR.

PROBLEM- Jairaj Singh and his elder brother, Narendra Singh along with Narendra’s
wife Namrata Singh lived together in Chapra, Vikasnagar. Narendra Singh and his wife
were not having good relations and it was witnessed by many neighbors that they had
many fights.

Namrata told all these circumstances to her family and the made compromise between
them. On the other hand, Narendra Singh also discussed this issue with Dhamini, sister of
Narendra Singh. On April 14, 2017 Dhamini came to meet Narendra where she was told
by Jairaj that he went to Dehradun for some work. When Dhamini returned in the
evening, she found Narendra Singh hanging to ceiling. On inquiry, Jairaj told her that
Narendra Singh committed suicide.

Now, Dhamini wants to file an FIR as she has doubt regarding her brother Narendra
Singh’s suicide.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

FIRST INFORMATION REPORT

From,

Dhamini Singh, Sister of- Narendra Singh (deceased),

R/o- 568 KA/ 353, Krishna Nagar, Vikasnagar

PHONE NO.- 7007143240

DATE: April 14, 2017.

To,

The Office Incharge of Police Station,

Krishna Nagar, Vikasnagar

SUBJECT- Application for the filing of complaint regarding murder in her family.

Respected Sir,

I would like to bring the following facts to your kind notice-

1. That this application is being filed for the murder of Narendra Singh, who is being
referred hereinafter as deceased.
2. That the applicant is the sister of the deceased who lives at Harbertpur.
3. That the deceased lived together with his younger brother Jairaj Singh and wife
Namrata Singh in a one room house at Vikasnagar, Dehradun.
4. That the application is filed against Jairaj Singh and Namrata Singh accusing them
for the murder of the deceased.
5. That on Feb. 19, 2017, the deceased went to the complainant house and told
following facts to her-
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

i. That since his marriage, he was not having good relations with his wife.
ii. That he has caught Jairaj and his wife in many unsuitable circumstances.
iii. That he is having doubt regarding illicit relation between Jairaj and
Namrata.
iv. That they, many a times, had quarrel regarding the issue but with no
solutions.
v. That once his in-laws intervened in the issue and made settlements between
them.
6. That the applicant consoled the deceased and he went back to his home.
7. That on one fateful day i.e. April 14, 2017 at about 9:00 a.m. the applicant went to
meet the deceased at his home.
8. That when she reached, Namrata informed her that deceased went to Balia for
some work and will return till evening. So, the applicant went to meet her other
relatives in the same village.
9. That when the applicant returned at about 5:00 p.m., Jairaj told her that the
deceased committed suicide and his body was hanging to the ceiling.
10. Meanwhile, hearing the scream of the applicant in shock, the neighbours entered
the house and also saw the dead body hanging to the ceiling. They also informed
the applicant that last night noise of yelling, fighting and beating was coming from
that house.
11. That the deceased’s body was having two clearly visible cuts on his left hand. It
seems that those were made by some knife and also many bruises and marks of
being beaten. Also the height of the rafter and the roof was nearly 13 feet which
was not possible for the deceased to hang himself.
12. That there were many nail scratches on the neck and face of Jairaj and Namrata.

Due to the above-mentioned facts, the applicant is having strong belief that it is a murder
and not suicide and therefore, requests the officer to make possible inquiry in the matter.

I seek your help and request you to kindly register my FIR in the subject-matter.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

For your ready reference, I enclose herewith-

a) Copy of applicant’s ID poof.

Hope you will do the needful favorably at the earliest.

Thanks and Regards,

Yours Sincerely,

_____________

(DHAMINI SINGH)
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

PROBLEM

Write a bail application for Mr. Raj Narain Verma against whom an FIR was lodged
under Section- 302, 326 and 420 of Indian Penal Code, 1860.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

-:Regular Bail Application:-

BEFORE THE DISTRICT AND SESSIONS COURT AT LUCKNOW

IN THE MATTER OF

State of UP

VERSUS

Raj Narain Verma

FIR NUMBER: 550/2020

UNDER SECTION: 302/326/420 OF IPC

POLICE STATION: Laxmi Nagar, Alambagh, Lucknow

ACCUSED UNDER CUSTODY SINCE 20TH MARCH, 2020

APPLICATION UNDER SECTION 437 OF CODE OF CRIMINAL PROCEDURE


CODE ON BEHALF OF THE ACCUSED (RAJ NARAIN VERMA, S/O-
RAMDHESHWAR VERMA, R/0-ALAMBAGH, LUCKNOW)

Most respectfully submitted as under:

1. That the present FIR has been registered under false and bogus facts. The facts
stated in the FIR are fabricated, concocted, manipulated and without any basis.

2. That the police have falsely implicated the applicant, the applicant is the
respectable citizen of the society and he has no criminal antecedents.

3. The fact initiated against the applicant is civil dispute and does not constitute any
criminal case against him.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

4. That the applicant is not required in any kind of investigation, nor any custodial
interrogation, no recovery can be made out at the instance of the applicant.

5. That the applicant is having good antecedents, he belongs from a good family, and
there are no criminal cases pending against them.

6. That the applicant is a permanent resident and there is no chance of absconding


from the course of justice.

7. That the applicant undertakes to present before the court or police whenever required to.

8. That the applicant undertakes that he will not, directly or indirectly, make any
inducement, threat or any promise to any person acquainted with the facts of the case so
as to dissuade him to disclose any such facts to the court or the police officer.

9. That the applicant further undertakes not to tamper with the evidence or witness of the
case in any manner.

10. That the applicant shall not leave India without the previous permission of the court.

11. That the applicant is ready and willing to accept any other condition the court or police
officer willing to impose in relation with the case.

PRAYER

It is therefore prayed that the court may order for the release of the applicant in the order of the
justice. And the other order which the court may deem fit and proper in the facts and
circumstances of the case may be also passed in the favour of the applicant.

APPLICANT

THROUGH

COUNSEL
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

-:ANTICIPATORY BAIL APPLICATION:-

BEFORE THE DISTRICT AND SESSIONS COURT AT LUCKNOW

IN THE MATTER OF

State of UP

VERSUS

Raj Narain Verma

FIR NUMBER: 550/2020

UNDER SECTION: 302/326/420 OF IPC

POLICE STATION: Laxmi Nagar, Alambagh, Lucknow

ACCUSED UNDER CUSTODY SINCE 20TH MARCH, 2020

APPLICATION UNDER SECTION 438 OF CODE OF CRIMINAL PROCEDURE


CODE ON BEHALF OF THE ACCUSED (RAJ NARAIN VERMA, S/O-
RAMDHESHWAR VERMA, R/0-ALAMBAGH, LUCKNOW)

Most respectfully submitted as under:

1. That the present FIR has been registered on false and unsubstantial facts and the
said facts stated in the FIR are fabricated concocted and are baseless.

2. The police have falsely drown in the applicant in the present case as the applicant
is the respectable citizen of the society and is not involved in any criminal case,
and the applicant has very good antecedent and applicant belongs to a good
family, and there is no criminal case pending against them.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

3. That the applicant is not required in any kind of investigation, nor any custodial
interrogation, no recovery can be made out at the instance of the applicant.

4. That the applicant is not required in any kind of investigation, nor any custodial
interrogation, no recovery can be made out at the instance of the applicant.

5. That the applicant is having good antecedents, he belongs from a good family, and
there are no criminal cases pending against them.

6. That the applicant is a permanent resident and there is no chance of absconding


from the course of justice.

7. That the applicant undertakes to present before the court or police whenever required to.

8. That the applicant undertakes that he will not, directly or indirectly, make any
inducement, threat or any promise to any person acquainted with the facts of the case so
as to dissuade him to disclose any such facts to the court or the police officer.

9. That the applicant further undertakes not to tamper with the evidence or witness of the
case in any manner.

10. That the applicant shall not leave India without the previous permission of the court.

11. That the applicant is ready and willing to accept any other condition the court or police
officer willing to impose in relation with the case.

PRAYER

It is therefore prayed that the court may order for the release of the applicant in the order of the
justice. And the other order which the court may deem fit and proper in the facts and
circumstances of the case may be also passed in the favour of the applicant.

APPLICANT

THROUGH

COUNSEL
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

GIFT
Transfer of property is an act of conveyance of property between living persons, in present or
future. It is defined under section 5 of the transfer of property act. Transfer of a property can be
done through various ways such as Gift, Sale, Exchange, etc. and is covered under the act of
1882. Rights transferred can be absolute or partial like, in gift right transferred is an absolute
right and in a lease it is partial.

Gift is defined in section 122 of the act as: “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.” The right of
Ownership is the result of the right of alienation together with the right of possession and
enjoyment. So, in a common man’s language, a gift is a transfer of ownership without
consideration.

Essential Elements Of Gift:

1. Parties to the gift - There must be two parties i.e. the donor and the donee. The
transferor is called the donor and he must be a competent person (competency as
defined in Indian Contract act 1872). The transferee is called the donee and he
need not be competent to contract.
A gift made to a minor or an insane person or even if it is made to an unborn
person is valid and can be accepted by their guardian.

2. Transfer of ownership: When a property is transferred through gift, the right


created in favor of donee is an absolute right i.e. ownership of property is
transferred.

3. Subject matter: The subject matter of gift can be moveable or immovable property,
but it should be in existence and the donor should have vested right in that property and
not contingent.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

4. Without consideration: A gift must be gratuitous i.e. without consideration. It


must be a pecuniary consideration.

5. Voluntarily: It must be made with donor’s free will and free consent without any force,
coercion, undue influence. If it is not done voluntarily then the gift is void. Voluntarily
done also means that donor had full knowledge about the transaction and its nature.

6. Acceptance of gift: A gift must be accepted by the donee. Acceptance made can be
expressed or implied but it must be accepted before the death of the donee and before the
revocation by the donor.

Transfer how effected

According to section 123 of the Transfer of Property Act, there are two ways to execute the
transfer:

1. By registration

2. By delivery

Revocation of gift

A revocation means annulment of a promise or decree. The revocation of a gift is always done
before its acceptance. It can also be a condition by a donor that on the happening of some event
and fulfillment of some condition, the gift will be suspended or revoked.

It can be done by two methods:

● Revocation by mutual agreements: when both the parties i.e. donor and donee agree
that the gift will be suspended or revoked on happening of some event, provided that,
that particular event is not dependent upon the will of the donor.
The condition for revocation is condition subsequent and it must be valid and
enforceable. Any such condition which is not valid, the gift cannot be revoked.
● Revocation by the recession of contract: gift deed is always preceded by an express
or implied contract. As per the Indian contract act, all the essentials of a valid contract
should be fulfilled. If any essential is not fulfilled, it can be revoked.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

For example, if a gift is made out of coercion, that means the donor’s consent was not
there and therefore it can be revoked.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

PROBLEM

Mr. Sanjay wants to make gift of his self-earned immovable property in favour of his
friend Mr. Shyam and also in favour of his brother and sister equally. Draft a gift deed
for him.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

GIFT DEED

THIS GIFT DEED is made in 5th day of November 2020 between Mr. Sanjay
Bhadauria and Mr. Shyam Tripathi, Mr. Ramnath Tripathi and Ms. Janki Tripathi

Mr. Sanjay Bhadauria, aged 35 years S/o Mr. Prakash Bhadauria, R/o 335, Bangla Bazar,
Ashiyana, Meerut, U.P.,

(Hereinafter called as Donor)

AND

Mr. Shyam Tripathi, aged 30 years, Mr. Ramnath Tripathi, aged 27 years and Ms. Janki
Tripathi, aged 24 years S/o and D/o of Mr. Jaichand Tripathi, R/o 11/35, Bangla Bazar,
Ashiyana, Meerut, U.P.,

(Hereinafter called as Donee on the other part)

WHEREAS THE Donor is an absolute owner of the house situated at 2/12, Kailashpuri,
Jail Road, Saharanpur, Uttar Pradesh. more fully described in the attached Schedule.

AND WHEREAS THE Donor has no issue regarding the property and the Donee is the
friend of the Donor and they know each other since past 12 years. They are good friends.

Donor is desired of making gift of the property to the respected Donee's in 3 equal
shares.

THEREFORE THIS DEED WITNESSES AS FOLLOWS:

That Donor and Donee are good friends and Donor voluntarily wants to transfer the
property to the above mentioned Donee's free from all encumbrances whatsoever, with
all rights of enjoyment and privileges that the Donee' will enjoy this property till death.

That the Donor's heirs (legal representative) shall have no right or interest, the Donee's
alone have the rights of enjoyment in the said property thereafter.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

That the above mentioned Donee's accept the above mentioned transfer made by the
Donor in favour of the Donee's.

That the value of the said property is in accordance with the prevailing rate of this
locality, according to the area the rate is ₹12,00,000 (twelve lakh rupees only).

In furtherance thereof the parties thereto have signed this deed at Saharanpur in presence
of the witnesses Mr. Dharam Pal and Mr. Manoj Jain on 5th day of November 2020.

WITNESSESS:

(1) Mr. Dharam Pal SIGNATURE OF DONOR

(2) Mr. Manoj Jain SIGNATURE OF DONEE

SCHEDULE OF PROPERTY

A house bearing Municipal. No. 2/12, Kailashpuri, Jail Road, Saharanpur, Uttar Pradesh
duly constructed on a plot area of 150 Sq. Yard which is bounded as under:

On the North: House of Mr. Satish Sahani

On the South: House of Mr. Sanjay Bharadwaj

On the East: Bangla Bazar Road

On the West: House of Mr. Ramkrishna Jain


ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

SALE DEED
Essentially, sale deed is a document of proof for transfer of a certain property. In routine
business, there takes place, a number of transactions relating to sale and purchase of
properties. To keep a track on them, certain legal approaches have to be undertaken.
Deed of sale is one such important document required to be executed between buyer and
seller in order to complete the process.
The sale deed ensures that the title of ownership is transferred from the seller to the buyer
in return of a valid consideration.

Sale deed must involve the following:

1. Detailed description of the immovable property.

2. Title clearance verification.

3. Amount of consideration as referred to agreement to sell.

4. Transfer details of all rights, claims and privileges.

5. Delivery of the property and full enjoyment rights.

6. Provision authorizing the buyer to sell the property further, if he wishes.


ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

PROBLEM

Mr. Suresh Thakur sold his property to Mrs. Jayanta Devi. Draft a sale deed for them.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

SALE DEED

This DEED OF ABSOLUTE SALE executed at on the 2nd day of January, 2021 by

Mr. Suresh Thakur, S/o Mr. Satyam Thakur, residing at 568 Ka/345, Charbagh,
Lucknow, hereinafter called the VENDOR of the one part which expression shall include
his executors, administrators, legal representatives, successors etc.

TO AND IN FAVOUR OF

Mrs. Jayanta devi, W/o Mr. Somesh Bhan, residing at 94/N9, Gautama Palli, Hazratganj,
Lucknow, hereinafter called the PURCHASER of the Other Part which expression
wherever the context so requires shall mean and include her heirs, executors,
administrators, legal representatives, successors etc.

WHEREAS the VENDOR herein has purchased the said property more fully described
in the Schedule hereunder from Mr. Tiruvendra nath in and by sale deed dated 23 rd
March, 1975 and registered on 25th April, 1975 as Document No. 4956378 of 1975 of
Book 1 volume No.IX filed at pages 305 to 325 on the file of the Sub Registrar of
Lucknow.

WHEREAS the VENDOR herein has been in exclusive possession and enjoyment of the
property more fully described in the Schedule hereunder with a constructed house
thereon, which was constructed by him with his self-earned funds, till date.

WHEREAS the VENDOR is the exclusive owner of the property more fully described
in the schedule hereunder and he has absolute right to dispose of the same as in the
manner he wishes;

AND WHEREAS the VENDOR is in need of funds in order to meet his personal
commitments and family expenses and has decided to sell the property more fully
described in the Schedule hereunder for a sum of ₹ 57 lakh only and the PURCHASER
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

herein has also agreed to purchase the same for the said price and to the effect they
entered into an agreement to sell dated .

NOW THIS DEED OF SALE WITNESSETH

THAT in pursuance of the aforesaid agreement and in consideration of a sum of ₹ 57


Lakh only received by the VENDOR in cash and on the receipt of the said entire
consideration, the VENDOR do hereby admit, acknowledge, acquit, release and
discharge the VENDOR from making further payment thereof and the VENDOR doth
hereby sell, convey, transfer, and assigns unto and to the use of the PURCHASER, the
property more fully described in the Schedule hereunder together with the water ways,
easements, advantages and appurtenances, and all estate, rights, title and interest of the
VENDOR to and upon the said property TO HAVE AND TO HOLD the said property
hereby conveyed unto the PURCHASER absolutely and forever.

THE VENDOR DOTH HEREBY COVENANT WITH THE PURCHASER AS


FOLLOWS:

1. That the property more fully described in the Schedule hereunder shall be quietly and
peacefully entered into and held and enjoyed by the PURCHASER without any
interference, interruption, or disturbance from the VENDOR or any person claiming
through or under him.

2. That the VENDOR has absolute right, title and full power to sell, convey and transfer
unto the PURCHASER by way of absolute sale and that the VENDOR has not done
anything or knowingly suffered anything whereby his right and power to sell and convey
to the PURCHASER the property hereby conveyed.

3. That the property is not subjected to any encumbrances, mortgages, charges, lien,
attachments, claim, demand, acquisition proceedings by Government or any kind
whatsoever and should thereby and the VENDOR shall discharge the same from and out
of his own funds and keep the PURCHASER indemnified.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

4. That the VENDOR hereby declares with the PURCHASER that the VENDOR has
paid all the taxes, rates and other outgoings due to Local bodies, revenue, urban and other
authorities in respect of the property more fully described in the Schedule hereunder up
to the date of execution of this sale deed and the PURCHASER shall bear and pay the
same hereafter. If any arrears are found due to the earlier period, the same shall be
discharged by the VENDOR

5. That the VENDOR has handed over the vacant possession of the property more fully
described in the Schedule hereunder to the PURCHASER on 1 january, 2021 and
delivered the connected original title document in respect of the schedule mentioned
property hereby conveyed on the date of execution of these presents.

6. That the VENDOR will at all times and at the cost of the PURCHASER execute,
register or cause to be done, all such acts and deeds for perfecting the title to the
PURCHASER in the property hereby sold and conveyed herein.

7. That the VENDOR do hereby covenants and assures that the PURCHASER is entitled
to have mutation of his name in all public records, local body and also obtain patta in the
name of the PURCHASER and undertakes to execute any deed in this respect.

8. That in the event of any dispute between the parties on any other matter relating to the
allocation and transfer of the aforesaid property including the land and the parking lot
thereto allotted against the membership be referred to the sole Arbitrator to be appointed
mutually by the First Party and the Second Party and the award of the Arbitrator shall be
binding on both the parties hereto.

The Market Value of the Property is ₹ 57 Lakh Only.

In witness where of the VENDOR and the PURCHASER have set their signatures on the
day month and year first above written.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

SCHEDULE OF PROPERTY

A house bearing Municipal. No. 2/12, Kailashpuri, Court Road, Charbagh, Lucknow,
duly constructed on a plot area of 150 Sq. Yard which is bounded as under:

On the North: House of Mr. Satish Sahani

On the South: House of Mr. Sanjay Bharadwaj

On the East: Bangla Bazar Road

On the West: House of Mr. Ramkrishna Jain

WITNESSES:

1) Jayanta Madhur VENDOR

2) Yashashvi Nath THE PURCHASER


ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

LEASE DEED

An agreement made the 20 day of JANUARY 2019 years between Sri. SAJID KHAN
etc., (herein after called “the Lessor”) of the one part and Sri. TARIK ASHRAF
ANSARI etc. (hereinafter called “the Lessee”) of the other part.

Whereby it is agreed as follows:

1. The Lessor hereby demises to the Lessee all that dwelling house with the land fully
described in the schedule hereto together with all out-houses, pucca well, motor garage,
kitchen, pathways, passage, garden and other appurtenances thereof, situated at
SAHARANPUR to hold the same to the Lessee from 1 ST day of FEBRUARY for the
term of ONE years (or, year to year) paying therefor during the said term the monthly
rent of Rs. 3000 (Rupees THREE THOUSAND only) payable on the first day of the
month succeeding that for which the rent is due;

2. The Lessee hereby agrees that he will during the said term (tenancy) pay all rates;
taxes and other charges excluding the house tax which now are or may hereafter become
payable in respect of the demised property;

3. The Lessor hereby agrees as follows:-

(i) That the Lessor shall keep the premises in good and substantial repairs during the said
term and shall annually white-wash and do all necessary repairs to the out-houses and
demised premises and on the Lessee giving the Lessor notice in writing of any special
decays, defects and want of separation the Lessor will within one calendar month from
the receipt of such notice repair and amend the same;

(ii) That the Lessor shall repair when necessary, the well, the passages, pathways and the
road connecting the provincial road with the bungalow hereby demised and shall get the
well cleaned at least once a year.
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

4. Provided always and it is hereby agreed as follows:

(i) That whenever any part of the rent hereby reserved shall be in arrears for THREE
months after due date or there shall be a breach of any of the covenants by the Lessee
herein contain the Lessor may re-enter on the demised premises and determine this lease.

(ii) The tenancy hereby created shall be determinable at the option of the Lessor/Lessee
(or either party) by giving to Lessee/Lessor (or, the other party) TWO calendar months’
notice in writing.

5. It is hereby agreed between the parties that in respect of the demised premises the
parties hereto shall respectively have all the rights and be subject to all the liabilities of a
lessor and of a lessee as set forth in Section 108 of the Transfer of Property Act, 1882,
except Clause (m) thereof which is hereby excluded.

6. It is hereby agreed between the parties as follows:

(i) That any demand for payment or notice requiring to be made upon or given to the
Lessee shall be sufficiently made or given if sent by the Lessor or his agent through the
post by registered letter addressed to the Lessee at the demised premises and that notice
requiring to be given to the Lessor shall be sufficiently given if sent by the Lessee
through the post by registered letter addressed to the Lessor at his usual or last known
place of residence or business and that any demand or notice sent by post in either case
shall be assumed to have been delivered in the usual course of pose.

(ii) That wherever such in interpretation would be necessary in order to give the fullest
scope and effect legally possible to any covenant or contract herein contained the
expression “the Lessor” herein before used shall include the owner for the time being of
the Lessor’s interest in the demised premises and the expression “the Lessee” herein
before used shall include his heirs, executors, administrators and permitted assigns. In
witness whereof the parties have put their signatures hereunder on the day and the year
first above -written (or, on the respective date mentioned against their signatures)
ASSIGNMENTS ON DRAFTING, PLEADING, CONVEYANCING

SCHEDULE (Leased under this deed)

A house bearing Municipal. No. 8/16, Kailashpuri, Court Road, Saharanpur, Uttar
Pradesh, duly constructed on a plot area of 350 Sq. Yard

Bounded by:-

On the East: House of Mr. Azam Ali

On the West: House of Mr. Owais Zarger

On the South: Market Road

On the North: House of Mr. Mohd Sakib

Market value of the property leased under this deed is Rs.3000/-

(Rupees THREE THOUSAND only).

The Stamp duty is paid as per Article 5 of the Schedule to the UTTAR PRADESH Stamp
Act, 2008.

IN WITNESS WHEREOF the parties herein have affixed their respective signatures to
this deed at SAHARANPUR on this 25TH day of JANUARY 2019 year in presence of the
witness:

WITNESSES:

1. SAJID KHAN LESSOR

2. TARIK ASHRAF ANSARI LESSEE

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