QUESTIONS FOR VIVA

1. What do you mean by Habendum et Tenendum?

A habendum clause is a clause in a deed or lease that defines the type of interest and rights to be
enjoyed by the grantee or lessee.

2. Under what provision of the Registration Act the registration of

deeds and documents is mandated?
Section 17

3. What does the operative part of any deed deal with?

Operative provisions set out the rights and obligations of the parties to the deed and are
normally found immediately after the recitals following the testatum which is usually expressed
as "NOW WITNESSETH AS FOLLOWS", or similar words to that effect.

4. What is the limit for number of witnesses in a Deed?

Minimum 2

5. What is Testimonium?

the final or authenticating clause of an instrument that typically begins “In witness whereof” and
furnishes such information as when it was signed and before what witnesses.

6. What is Testatum?

the portion of the ordinary purchase deed that contains the statement of the consideration, the
words incorporating covenants for title, and the operative words.

7. Recollect the title of the Testatum?

NOWTHIS DEED WITNESSETH…”or ―NOW THIS LEASE WITNESSETH…

8. What do you mean by Description of Document?

The name on top? probably

9. Recollect the Description of Document?

10. What is Interpretation Clause?

a clause inserted in a statute or contract declaring the interpretation that is to be put upon

certain words

11. What is a Recital?

Recitals are the introductory statements in a written agreement or deed, generally appearing at

the beginning, and similar to the preamble

12. What is Reddendum?

A clause in a deed by which some new thing is reserved out of what had been granted before;
the clause by which rent is reserved in a lease.

13. Is registration of Lease Deed mandatory under Section 17 of the

Registration Act?
Not unless its longer than 11 months

14. Name any two deeds in which there is no need to including

indemnifying clause?

15. What is the purpose of including encumbrance clause in a deed?

To indemnify the buyer against any losses

16. With what expression does a Will begin with?

THIS IS THE LAST WILL AND TESTAMENT

17. Name any two deeds where we include an arbitration clause?

Sale deed, lease deed?

18. What do you discuss in the operative part of the Will?

How and when a will will go into effect

19. What do you discuss in the operative part of the Partition Deed?

The procedure for partition and the division of property

20. What do you discuss in the operative part of the Sale Deed?

Rights and duties of seller and buyer, declarations and encumbrances

etc

21. Define Section 4 of the Negotiable Instruments Act, 1881?

“A promissory note is an instrument in writing (note being a bank-note or a currency note)

containing an unconditional undertaking, signed by the maker, to pay a certain sum of money to
or to the order of a certain person, or to the bearer of the instruments.”

22. Under which provision of the Code of Civil Procedure an I.A. to

bring the legal representatives of the Plaintiff is filed?

Order 39 Rules 1 and 2

23. What is the need to verify the pleadings?

The reason is the same as why any document needs to be verified. To

ensure authenticity and authorization

24. When do we file the Writ of Quo Warranto/Mandamus/Certiorari/

Quo Warranto /Prohibition?

In HC,

25. Can we file anticipatory bail petition in offences otherwise than

non-bailable?

yes

26. Recollect the order of component parts in a Writ Petitions?

Court

In the matter of….

Petitioner

Respondent

The petitioner most respectfully showeth

Facts

Grounds

prayer

27. Name any two I.A’s in which long cause title is used?

28. In lieu of affidavit to any I.A. what is permitted to accompany?

29. What is a Written Statement?

Reply by defendant to plaintiff

30. What provision of Code of Civil Procedure deals with Written

Statement?

Order 8

31. What is a Plaint?

 A plaint is a legal document which contains the written statement of the plaintiff's claim

32. What provision of Code of Civil Procedure deals with Plaint?

order 7

33. Under what provision of the Code of Criminal Procedure bail

application is filed in before the Magistrate?

437 and 439

34. What is the opposite party of Applicant/Judgment-
Debtor/Plaintiff/Petitioner/Appellant/Complainant called?

Respondent, defendant, accused

35. When do you file a Civil Revision Petition and under what
provisions?

Section 115

36. Is it mandatory to notarize affidavits?

yes

37. Who should identify an affidavit?

deponent

38. What provision of the Code of Civil Procedure deals with verification
of pleadings?

39. What are executants of an Adoption Deed called?

Parents?

40. When is a Confirmation Deed executed?

When there are errors in a previous document

41. Whether registration of Wills is mandatory?

no

42. What are the executants of a Trust Deed called?

author
43. Which First Appeal must be filed against the Judgment and Decree
of the Family Court/Judgement and Award of the Motor Vehicle Accident
Claims Tribunal?

MFA

44. Which appeal is filed before the High Court challenging original
decrees?

Second appeal

45. Recollect the beginning expression of a General Power of Attorney?

KNOW ALL MEN BY THIS GENERAL POWER OF ATTORNEY

46. Whether a General Power of Attorney is revocable?

yes

47. If we include interim prayer what corresponding clause must be

included in a main petition filed before the High Court?

48. Where do you include the Testimonium?

In the end

49. Who executes a Partition Deed in favour of whom?

Co owners

50. When do you enter into a Rectification Deed aka purpose of R.D.?

To correct previous mistakes

51. Define Sale Deed u/Sec. 54 Lease Deed u/Sec.105 of the TP Act?

52. Define Gift Deed u/Sec. 122 Mortgage Deed u/Sec. 58 of TP Act.