👉👉👉👉 Unit 3

➡️Bit a: Procedure in Criminal Cases - F.I.R, Filing of Complaints, Bail Application, Appeal, Revision,
etc

👉👉 F. I. R

The report first recorded by the police relating to the commission of a cognizable case is the First
Information Report giving information on the cognizable crime.

It may be defined as follows:

1. It is a piece of information given to the police officer.

2. The information must relate to a cognizable offence.

3. It is a piece of information reported first in point of time.

4. The victim of the cognizable offence or someone on his/her behalf gives information and lodges a
complaint with the police.

👉 Essential Conditions of F.I.R.

In Moni Mohan v. Emperor, it was decided that the essential conditions of F.I.R. are:

i. It must be a piece of information.

ii. It must be in writing. If not given in writing, should be reduced into writing by the concerned
police officer.

iii. The main act or crime should be cognizable in nature, not the ones subsequent to the main act.

👉 Section 154- Information in Cognizable Cases

👉👉 Filing of Complaints

👉 Complaint to SP or Commissioner of Police

. If any police officer refuse to register a first information report about commission of a cognizable
offence under section 154(3) Crpc.
. Then information can approach to the SP or Commissioner of Police by written Statement.

👉 Complaint to Judicial Magistrate

. If even after submitting a complaint to Senior Police officials no FIR is lodged.

. Then the informant is legally entitled to file a complaint u/s 156(3) read with Section 190 crpc to
the Judicial Magistrate/ Metropolitan Magistrate . Magistrate order the police for registering the FIR
and commencing investigation into the matter.

. The Informant can file a Complaint under Section 200 CrPC.

👉 Section 200

A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant
and the witnesses present, if any, and the substance of such examination shall be reduced to writing
and shall be signed by the complainant and the witnesses, and also by the Magistrate.

Provided that, when the complaint is made in writing, the Magistrate need not examine the
complainant and the witnesses-

i. If a public servant acting or- purporting to act in the discharge of his official duties or a Court has
made the complaint; or

ii. Ithe Magistrate makes over the case for inquiry or trial to another Magistrate under section 192.

👉 Section 156- Police officer' s power to investigate cognizable case.

1. Any officer in charge of a police station may, without the order of a Magistrate, investigate any
cognizable case which a Court having jurisdiction over the local area within the limits of such station
would have power to inquire into or try under the provisions of Chapter XIII.

2. No proceeding of a police officer in any such case shall at any stage be called in question on the
ground that the case was one which such officer was not empowered under this section to
investigate.

3. Any Magistrate empowered under section 190 may order such an investigation as above-
mentioned.
👉👉 Bail application

👉 Meaning

. Bail is the legal release of a person from the custody of the police who is charged with certain
offences.

. Bail application filed before the court under Form 45 of 2nd Schedule of crpc

. Filed by advocate on behalf of accused

. The accused need to furnish bond and sureties.

👉 Usages

. Arrest is done to ensure that the accused must be present before the court during the process of
trial.

. Accused can be charged with bailable & non-bailable offence. But he may granted bail because bail
is a legal right.

. The accused has to follow the necessary condition laid down in his bail application. If the accused
fails to comply with it, then the police have the power to arrest the accused.

👉 Necessary contents of the application

These are the following necessary content of the bail application-

1. The name of the magistrate court under whom the bail application is filed.

2. The section of CrPC must be mentioned under which the application is moved.

3. The name of the parties must be mentioned.

4. The FIR number.

5. The name of the police station in which the accused is in custody.

6. The date on which the accused was taken into custody.

7. The ground on which the accused should be granted bail.

8. The surety of accused not absconding if bail is granted.

9. The accused will present before the court whenever required to be present.

10. The accused will not leave the country without the permission of the court.

11. The counsel in prayer should ask the court for granting the bail on the abovementioned ground.
12. The applicant should sign the bail application.

👉 Procedure for filing a bail application

There are three types of bail-

1. Bail in bailable offences

2. Bail in non-bailable offences

3. Anticipatory bail

👉 Bail in bailable offence

. Section 436 of the crpc provides for the bail of a person alleged offences i.e. bailable in nature.

. It is a obligatory duty of the police or the court to grant bail in case of bailable offence.

. Fro granting bail alleged person makes an application before the court or the police and he
released on his personal bond, inspite of the failure of production of security within 7 days (Because
it is assumed accused is indigent and poor).

Under 436A, if a person has undergone half of the maximum sentence for the alleged offence, then
he will be released on the personal bond with or without the surety.

👉 Bail in non-bailable offences

Person arrested of any non-bailable offence without warrant produced before any court other than
Court of Session or H.C shall not be released on bail if-

i. Reasonable ground for believing that person accused is guilty of death sentence or life
imprisonment.

ii. He is previously convicted with an offence of death sentence or life imprisonment or an offence
punishable with imprisonment for 7 years.

But in some cases accused may released on bail. They are-

1. If the age is under sixteen or is a woman or is sick or infirm.

2. If it is just and proper so to do for any other special reason.

3. If the police officer at any stage of investigation believes that there is no sufficient ground for non-
bailable offence, or further investigation is required subject to provision of Section 446, then he may
be released on bail bond without sureties.

4. If at any time during the trial and before the judgment, if the court is of the opinion that the
accused is not guilty of any such offence, then it may release him on bail without sureties.

👉 Anticipatory bail

It is granted under 438 of crpc. If a person has an apprehension or reason to believe that he can be
arrested for any non-bailable office, then he can go for the anticipatory bail. The person can go to
court or sessions or high court for anticipatory bail. The prerequisite for the anticipatory bail is that
the offence must be non-bailable.

The session court or the high court looks into the merits of applications. The court while granting the
anticipatory bail also peruses the antecedent of the applicant, it considers the past history of the
applicant, the possibility of the applicant fleeing from justice.

Section 438(2) provides for the following conditions for granting the anticipatory bail application:

1. The person shall make available for the interrogation before the police as and when required.

2. The person shall not make any threat, inducement or any promise to any witness.

3. The person shall not leave India without the permission of the court.

👉👉👉👉 Unit 3

➡️Bit b: Model Forms of Complaints, Interim Applications & Model Forms

👉 Interim Applications

. It can be defined as applications made in the course of an action or in other words, applications
made for keeping things status quo till the rights can be decided finally by the courts.

. In simple terms, some interim directions are sought from the courts as interlocutory orders are
passed under Section 397(2) of Cr.P.C
For example- Bail, Transfer of the Case, Search Application, Application for proper jurisdiction,
Application for compelling attendance of a witness or for cross examination or re-examination of
witness.

Such applications shall contain the following elements -

1. Name of the Court.

2. Name and address of the parties in a matter.

3. Relevant section under which application is filed.

4. Facts necessitating the relief sought for.

5. Prayer to seek relief.

6. Signature of the applicant, place and date of the application.

👉👉👉👉 Unit 3

➡️Bit c: Applications of Bail & Anticipatory Bail & Model Forms

👉👉 Applications of Bail

👉 Meaning

. Bail is the legal release of a person from the custody of the police who is charged with certain
offences.

. Bail application filed before the court under Form 45 of 2nd Schedule of crpc

. Filed by advocate on behalf of accused

. The accused need to furnish bond and sureties.

👉 Usages

. Arrest is done to ensure that the accused must be present before the court during the process of
trial.

. Accused can be charged with bailable & non-bailable offence. But he may granted bail because bail
is a legal right.
. The accused has to follow the necessary condition laid down in his bail application. If the accused
fails to comply with it, then the police have the power to arrest the accused.

👉 Necessary contents of the application

These are the following necessary content of the bail application-

1. The name of the magistrate court under whom the bail application is filed.

2. The section of CrPC must be mentioned under which the application is moved.

3. The name of the parties must be mentioned.

4. The FIR number.

5. The name of the police station in which the accused is in custody.

6. The date on which the accused was taken into custody.

7. The ground on which the accused should be granted bail.

8. The surety of accused not absconding if bail is granted.

9. The accused will present before the court whenever required to be present.

10. The accused will not leave the country without the permission of the court.

11. The counsel in prayer should ask the court for granting the bail on the abovementioned ground.

12. The applicant should sign the bail application.

👉👉 Anticipatory Bail

It is granted under 438 of crpc. If a person has an apprehension or reason to believe that he can be
arrested for any non-bailable office, then he can go for the anticipatory bail. The person can go to
court or sessions or high court for anticipatory bail. The prerequisite for the anticipatory bail is that
the offence must be non-bailable.

The session court or the high court looks into the merits of applications. The court while granting the
anticipatory bail also peruses the antecedent of the applicant, it considers the past history of the
applicant, the possibility of the applicant fleeing from justice.

Section 438(2) provides for the following conditions for granting the anticipatory bail application:

1. The person shall make available for the interrogation before the police as and when required.

2. The person shall not make any threat, inducement or any promise to any witness.
3. The person shall not leave India without the permission of the court.

👉 Model form of Bail

👉 Model form of Anticipatory Bail

👉👉👉👉 Unit 3

➡️Bit b: Memorandum of Appeal & Revision

👉👉👉👉 Unit 4

➡️Bit a: Components of Deeds

👉 Conveyance

. Is of English origin.

. To convey means to transfer or to make over.

. It means an instrument or deed through which one or more living person transfer his or their
interest in present or in future in or upon an inmmovable property to one or more living persons.

👉👉 Components of Deeds

👉 DEED

A deed is a formal and dignified instrument. In general, it refers to any document by which two or
more parties agree to put into force any right or liability.
Eg : Gift Deed, Partnership Deed, Trust Deed, Deed of Family Settlement, Mortgage Deed, Lease
Deed, Sale Deed, etc.

👉 COMPONENTS OF DEEDS

A deed contains various paragraphs, wherein each paragraph is concerned with specific details or
information in a comprehensive language. The key components of a deed are:

A) DESCRIPTION/NAME/TITLE OF THE DEED

It is usual to mention in the beginning of a deed that "This Lease" "This deed of sale", "This deed of
Mortgage" etc. The description is usually written in capital words. Since Solicitors in our country
have copied the English forms of conveyancing, these words have been adopted here also.

B) DATE AND PLACE

After the description of the deed is stated, the date on which it is executed shall be stated:

“THIS LEASE made on the first day of February one thousand nine hundred and

ninety nine.”

Execution date of the deed, follows the description of the deed title, which is relevant in a
document, for the applicability of the law, maturity period, registration and transfer of title, etc.

C) PARTIES TO THE DEED

After the date this is most important component of the deed as without it existence of the deed is
not possible.

Name and details such as age, address, etc. of all the parties and inter-parties, concerned should be
stated in the document. At the time of describing the parties, the details of the transferor are stated
prior to the details of the transferee. And if there is any confirming party, his/her details are to be
mentioned after the details of the transferor.

D) RECITALS
Recitals are of two kinds: (1) Narrative Recitals, relates to the past history of the property
transferred and set out facts and instruments necessary to show the title and the relation of the
parties to the subject-matter of the deed; and (2) Introductory Recitals, which explain the

motive for the preparation and execution of the deed.

E) Testatum

A witnessing clause is termed as "testatum". Operative portion of a deed starts with 'testatum'
which is a witnessing clause and begins with the words "Now this deed witnesses". However, if the
deed is intended to serve several objects, the words used are "Now this deed witnesses" as follows:

Testatum is the beginning of the operative portion of a deed.

F) CONSIDERATION

In contract consideration is a essential element to made the contract valid. Its a act of forbearance
which is offered by one party to the agreement & other party accept it as an inducement to the
agreement. Valuable consideration is basia of legal obligation which may be money or money'
worth.

Here, Valuable consideration means reasonable equivalent to the transfer by the promisor to the
promisee.

G) RECEIPT

Acknowledgment of receipt of consideration may be embodied in the deed itself instead of

passing a separate receipt. Thus:

“NOW THIS DEED WITNESSES THAT in pursuance of the aforesaid agreement and in consideration of
Rs.________paid by the purchases to the vendor before the execution hereof, the receipt of which
the vendor hereby acknowledges”.

H) OPERATIVE WORDS

This is a very important component of the deed which vary according to the nature of the property
and transaction. The operative part of a deed is that portion of it which expresses the effect Le., the
operation of the deed as distinguished from the recitals, form, premises etc. It is the operative
portion of the instrument which will give one the intention of the maker of document and the right
created to a person.

I) PARCEL

Its a technical term which means description of the actual property transferred. If short one than
incorporated in the body of the deed. If it is a long on then incorporated in a schedule at the foot of
the deed.

Such shall give in such a manner that enable the exact identification of the property transferred.

J) Exceptions and Reservations.

An exception is something in existence at the date of transfer which, if not expressly excepted,
would pass with the property as described in the parcels, such as trees.

A reservations is something not in existence at the date of the transfer but is newly created by the
grant, e.g. when the vendor reserves a right of way over the property.

K) HABENDUM

This is familiar ‘to have and to hold’ (in Latin, habendum et tenendum) clause of the English
precedents. In India such phrases as ‘to have and hold’ or such expressions as ‘to the use of the
purchaser’ are not strictly necessary.

L) Covenants and Undertakings

It alludes to the agreement under seal, by which the parties concerned, promises for the truth of the
certain fact. It is written as “The Parties aforementioned hereto hereby mutually agree with each
other as follows:”

M) Testimonium

This is the last and final clause of a deed which sets forth the fact of the parties having signed the
deed. It is written in the following form:
"In witness whereof the parties hereto have set their respective hands and seals the day and year
first above written."

N) SIGNATURES AND ATTESTATION

After testimonium should follow the signatures of the executants and those of attesting

witnesses. If executant is not competent to contract or is a juristic person, the deed must be signed
by the person competent to contract on his or its behalf.

👉👉👉👉 Unit 4

➡️Bit b: Sale Deed, Agreement to Sell, Power of Attorney, License, Promissory Note

👉👉 Sale Deed

👉 Meaning

As per Section 54 of the Transfer of Property Act, 1882, sale is a transfer of ownership in exchange
for a price, paid or promised or part paid and part promised. It is the most valuable legal document.
The sale deed or purchase deed is drawn upon a non-judicial stamp paper by legal draftsmen
according to the value prescribed by the stamp duty act of a state.

👉 Requirements of a Sale Deed

1. The sale deed must specify the name and address of the buyers and the sellers.

2. There must be a complete address of the property and a description of the property should be
mentioned.

3. The sale price consideration accepted between the buyer and the seller must be specified in the
sale deed. That is, the amount which the buyer has to pay on the execution of sale deed must be
mentioned in the sale deed.

4. Additionally, if the advance amount is paid already, it must be mentioned in the sale deed.

5. The mode of payment must be mentioned.

6. The sale deed must stipulate the time when the title of the property will get transferred to the
buyer. All the documents that are related to the property must also be handed over to the buyer.

7. Ensure that the title of the property is available from any deviation.
8. A sale deed is not legally binding unless it is enrolled in the sub-registrar office. Both the buyer and
the seller including the witness must be there at the registrar office on the date for the enrollment
of the deed. It must be attested by two attesting witness.

9. The stamp duty and registration charges have to be paid for making the registration done.

Link 1- https://vakilsearch.com/sale-deed

Link 2- https://www.proptiger.com/guide/post/everything-about-your-real-estate-sale-deed

👉👉 Agreement to Sale

. An agreement to sell can be defined as the transfer of property in goods that is to take place in
future time or the transfer might take place depending on the fulfilment of certain conditions.

. An agreement to sell also becomes a sale when the given time elapses or the conditions that are
needed for the transfer to happen gets fulfilled. Thus, an agreement to sell establishes the terms and
conditions of the offer of a property by the seller to the buyer.

https://blog.ipleaders.in/sale-agreement-sell/amp/

👉👉 Power of Attorney

. It is a legal document that is used to pass the legal authority from one person to another person to
take the financial or personal decision.

. The agent will be considered as the principal is giving its assent to do the work.

. For example, if a person X gives the General Power of Attorney to Y to do all his work. The work
done by Y will be recognized as done by X.

👉 Purpose of Power of Attorney

1. General Power of Attorney –

It is an extensive Power of Attorney where you give all the rights and powers you have with you. The
authorized person would be able to perform your daily transactions, make payments, sign
documents for you, etc.
2. Special Power of Attorney –

This Power of Attorney is executed for specific performance. In such Power of Attorneys, the work
assigned to an attorney is clearly mentioned and the rights and powers are limited. The attorney is
bound to act by terms mentioned in the Power of Attorney.

3. Durable Power of Attorney -

There are cases where you need someone to make decisions for you in case you become
incapacitated i.e. not able to take a decision for you either physically or mentally. It becomes
effective when the principal becomes incapacitated

👉 The elements of Power of Attorney

1. Detail of executor–

There should be the full details of a person who is executing the POA.

2. Agent–

There should be the full details about the agent of POA.

3. Types of POA–

The type of attorney must be given under the document of the POA.

4. Purpose-

If the attorney is SPA then the purpose should be written in clear words.

5. Dates-

There must be the date of execution and if the attorney is for a specific period of time, the expiry
date should be mentioned.

6 Detail of property-

There should be the full details of the property if the agent is appointed to maintain or do something
with the property.

7. Notarized–
The document of POA should be notarized by the advocate who can declare that the principal is able
to make the contract of the POA.

👉 Cancellation of power of attorney in India

In India, if the attorney is unable to do any particular act, execute any particular document, or fails to
appear before the Court or any other authority, then the principal can revoke a Power of Attorney.

👉 When can you revoke a Power of Attorney?

The principal can revoke a Power of Attorney if,

i. The attorney does anything contrary to the terms and clauses of the Power of Attorney then the
principal can revoke the power of attorney after giving prior legal notice for cancellation of power of
attorney.

Ii. The due completion of work or business for which there is a power of attorney.

👉👉 License

Licensing Agreement is a written contract between two parties (Licensor and Licensee), where one
party (Licensor) gives permission or license to use its property/intellectual property/brand name or
trademark/patent technology to the other party(licensee) under a specific set of terms and
conditions.

👉 Components of License

1. Recitals

These are group of of clauses which usually starts with “whereas” and are placed before the main
text of the agreement. They provide a general idea about the agreement such as who are the parties
and the purpose of execution of the agreement.

2. Name of Parties–

It includes the name and the place of residence of the parties. In case of a company, it also includes
the act under which the company is registered.
3. Tenure–

It specifies the term for which the license is granted by the licensor to the licensee.

4. Scope of Usage-

It specifies the extent to which the licensee can use the license. It lays down the restrictions on the
use of licensed property.

5. Licensed Fee-

It is the amount of fee charged by the licensor for allowing the licensee to use or exploit the licensed
property. It also includes the payment scheme and mode of payment of licensed fee.

6. Force Majeure-

Thus, this clause lays down the definition of force majeure event and its effect on the liabilities and
obligations of the parties under the agreement.

7. Indemnification–

This clause imposes a duty on the licensee to make good the loss suffered by the licensor, due to the
acts of the licensee, during the tenure of the agreement.

8. Accounting, reports and audits-

It lays down certain reporting and record-keeping procedures which the licensee has to follow to
ensure proper records are maintained for a periodic royalty payment.

9. Governing laws and dispute resolution–

It specifies the laws which governs the licensing agreement and lays down the provisions for
resolving the disputes (relating to the agreement) that may arise between the parties during the
tenure of the agreement.

👉👉 Promissory Note

As per section 4 of Negotiable Instrument act, a "promissory note" is an instrument in writing (not
being a bond note or currency note) containing an unconditional undertaking, signed by the maker,
to pay a certain sum of money, to the order of a certain person, or the bearer of the instrument.
The person signing the instrument is called the maker, the person in whose favour it is made or to
whom it is made payable is called the payee.

👉 Essential components of a promissory note

1. It must contain an agreement for payment of money and money only

2. The agreement must amount to an undertaking or promise which must be unconditional;

3. The sum payable must be certain

4. The instrument must be signed by the maker,

5. The money must be payable to or to the order of a person, or to the bearer of the instrument; and

6. It should not be a bank note or a currency note.

👉👉👉👉 Unit 4

➡️Bit c: Deed of Partnership, Deed of Will, Adoption, Partition

👉👉 Deed of Partnership

Partnership Deed is a written Partnership Agreement. It is basically made when two or more people
want to start a new business they come together under the mutual understanding with the only
purpose to do business & share profits & losses in the decided manner.

👉 Components of PARTNERSHIP Deed

Any standardized partnership deed format should have the following clauses which are important
from the firm point of view

1. Names and Addresses of the firm and its main business;

2. Names and Addresses of all partners;

3. A contribution of the amount of capital by each partner;

4. The accounting period of the firm;

5. The date of commencement of partnership;

6. Rules regarding an operation of Bank Accounts;

7. Profit and loss sharing ratio;

8. The rate of interest on capital, loan, drawings, etc;

9. Mode of auditor’s appointment, if any;

10. Salaries, commission, etc, if payable to any partner;

11. The rights, duties, and liabilities of each partner;

12. Treatment of loss arising out of insolvency of one or more partners;

13. Settlement of accounts on the dissolution of the firm;

14. Method of a settlement of disputes among the partners;

15. Rules to be followed in case of admission, retirement, the death of a partner; and

16. Any other matter relating to the conduct of business. Normally, all the matters affecting the
relationship of partners amongst themselves are covered in partnership deed.

👉👉 Adoption

Adoption involves the creation of the parent-child relationship between individuals who are not
naturally so related. The adopted child is given the rights, privileges, and duties of a child and heir by
the adoptive family. It is a Legal document wherein all rights and responsibilities, along with filiation,
from the biological parent or parents is transferred to adopted parents.

👉 Components of Adoption

1. An Adoption Deed should cover the personal details of the adoptive parent(s) and the natural
parents (as the case may be).

2. The gender of the child being adopted, along with the age should also be mentioned.

3. Apart from this, the will of the adoptive parents to adopt the child should be stated in clear words.

4. The consent of the natural parents to give their child for adoption to the adoptive parents must
also be stated.

5. The fact of transfer of legal rights and liabilities of the adopted child to the adoptive parents is also
to be stated, along with the duty of maintenance of the child by the adoptive parents.

6. The Adoption Deed must also mention the date of adoption and bear signatures of adoptive
parents and natural parents.

👉👉 Partition
A partition deed for a property is executed to divide the property among different people – usually
among the family members. A partition is a division of a property held jointly by several persons, so
that each person gets a share and becomes the owner of the share allotted to him. It determines the
terms of division and gives title ownership to the parties.

👉 Components

1. A partition deed is the basic document that defines the terms and conditions upon which the
partition between the joint owners of the property is going to take place.

2. It includes the proportion of each joint owner defining the area in the property being inherited by
the joint owner.

3. It includes all the relevant terms and conditions (if any) based on which the partition Is going to
take place.

4. It may also include any provision for buying out the share of the joint owner who is giving up
his/her share in the property.

👉👉👉👉 Unit 4

➡️Bit d: Mortgage Deed, Lease Deed, Gift Deed

👉👉 Mortgage Deed

The mortgage deed is an instrument or a legal document containing terms and conditions relating to
the Mortgage. The deed provides the lender with the interest and legal rights over the property. All
the rights and interests over the property that the borrower has pledged as collateral are legalized in
the Mortgage Deed. In case of any default or failure to pay the loan amount, the lender can claim his
legal rights over the property.

The mortgage deed is the evidence of the interest transferred to the mortgage holder. It determines
the terms and conditions between mortgagee and mortgagor.

👉 Components

1. Parties

It is essential to specify the name of the mortgagor and the mortgagee in the mortgage deed. The
person who transfers the interest of his property as collateral to take a loan is called mortgagor,
whereas the person to whom such interest is transferred is called the mortgagee.
2. Description of the Deed

It is essential to specify the title of the deed in capital letters for example “THE DEED OF
MORTGAGE.”

3. Details of the property

All the material description of the mortgaged property should be specified. For e.g.: the location of
the property, the value of the property etc.

4. Recital

. Recitals in a contract are the introductory statements disclosing the intention of the parties to
enter into the Contract.

. It usually starts with a sentence like “Whereas the mortgagor has agreed” or “whereby the
mortgagor has the rights”.

5. Habendum

This particular clause determines the quality or extent of the interest, right & liabilities of the
mortgagee and the mortgagor over the mortgaged property.

6. Covenant for repayment

This clause specifies the modes and conditions, consideration and tenure for the repayment of the
mortgaged money.

7. Mortgage Clause

The Mortgage Clause forms the most important clause in the agreement as it determines the type of
mortgage, right & duties of the both mortgagee & mortgagor.

8. Possession

The clause decided whether the mortgagor has the right to exercise possession over the mortgaged
property or not. It also depends upon the type of Mortgage.

9. Title deeds
If it is given in the clause that all the title deeds related to the mortgaged property must be given to
the mortgagee, then the mortgagor shall transfer all the documents of the title deed to the
mortgagee.

10. Insolvency

This clause is an essential clause in the mortgage deed as it specifies the treatment of mortgaged
property in case the mortgagor is declared insolvent.

11. Required Documents

This clause mentions all the documents which are necessary for effectuating the mortgage deed.
Example; PAN card, ID proof, Property Documents, etc.

12. Redemption Clause

This clause details a statutory right granted to the mortgagor under Section 60 of the Transfer of
Property Act. It specifies the tenure of the deed, how the property shall be reinstated to the
mortgagor.

👉👉 Gift Deed

A Gift Deed is a legal document elucidating the voluntary transfer of the property to someone else
without any monetary exchange. The property owner can handover it either to a person or an
institution, however, it should be accepted by the donee (recipient) during the lifetime of the donor
and should be registered under Section 122 of Property Transfer Act, 1882 with the sub-registrar as
per section 17 of the Registration Act, 1908.

👉 Components

A gift deed includes following details-

1. Date and place of where the deed is documented

2. Donor’s details (Name, Date of Birth, Father’s Name, and Address)

3. Details of the donee (Name, Father’s name, Date of Birth and Relationship with the Donor)

4. Relationship of donor and donee

5. Elucidation of the property gifted

6. Signatures of both- donor and donee

7. Details of two witnesses present at the time of property transfer

8. Signature of the witnesses.

👉👉 Lease Deed

A lease deed is a document or a written contract between the property owner or a landlord also
known as lessor and the tenant or lessee, which contains all the terms and conditions, including the
rent to be paid, security deposit to be made, etc. A lease deed is usually required, when the property
is rented out for a long period of time. A deed has to be registered, if the lease period is for more
than 11 months.

👉 Components

The essential elements of a lease are

1. Two parties, the lessor and the lessee, both competent to contract, except where they act through
a person competent to act on their behalf;

2. The subject-matter of the lease, that is a certain immovable property, which is capable of being
demised

3. The transfer of a right to enjoy such property, accompanied with requisite formalities;

4. The term or period, express or implied, or in perpetuity, which must be sufficiently defined;

5. The consideration whether

i. A price paid or promised; or

ii. Money; or

iii. Ashare of crops; or

iv. Service; or

v. Any other thing of value,

to be rendered, periodically, or on specified occasions, to the transferor by the transferee. The

covenant in a lease with regard to time of payment is an essential term of lease.

6. Acceptance of transfer by the lessee on such terms, on the part of the lessor, there must be
expressed an intention to demise and on the part of lessee there must be an acceptance of the thing
demised and the estate.