E-Notes

Class : B.A.LL.B-IX (A+B+C); BB.A.LL.B-IX (A+B)

Paper Code : LLB-503

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Subject : Drafting, Pleading and Conveyancing

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Unit-IV

Conveyancing

Definition of Conveyancing
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The art of “conveyancing‟ is of English origin. The word “to convey‟ means to
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transfer or to make over. The word conveyancing means an instrument or deed
through which one or more living person transfer his or their interest in present or
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in future in or upon an immovable property to one or more living persons. In other

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words, conveyance means an act by which property is conveyed or voluntarily

transferred from one person to another by means of a written instrument and other
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formalities.

Section 2(10) of the Indian Stamp Act, 1899 defines the term „conveyance‟ as:
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Conveyance includes a conveyance on sale and every instrument by which

property, whether movable or immovable, is transferred inter vivos and which is
not otherwise specifically provided for by Schedule I.

COMPONENTS OF DEEDS

Drafting of a deed involves the law by which parties are governed, effect of the
transaction and certainty and clarity by using appropriate words and expressions.
 An ordinary deed of transfer may conveniently be divided into the following
parts: Description of the deed; Date; Parties; Recitals; Testatum; Consideration;
Receipt;

Operative words; Parcels; Exception and Reservations (if any); Habendum;

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Covenants (if any); Testimonium. The part of the deed, which precedes the

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habendum, is termed “the premises”. Each of these parts will now be separately

considered.

A) DESCRIPTION/NAME/TITLE OF THE DEED &

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All deeds should be described by the name of the transaction which they evidence,
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such as “THIS DEED OF MORTGAGE”, THIS DEED OF SALE”, THIS

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LEASE”, THIS DEED OF GIFT”, etc. When the deed is of a complex character
and evidences different transactions known by different legal names, or the
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conveyancer is not sure what name should properly be given to it, it would be
best to describe it simply as “THIS DEED”. The description is usually written in
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capitals

B) DATE AND PLACE

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

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

and ninety nine.The date of a deed is the date on which it is singed by the party
or parties executing it. When there is only one party to a deed, as in the case of
Deed Poll, or when all the parties sign it on one and the same date, or when,
though there are several parties to a deed, all do not sign and those who sign do so
on one date, there is no difficulty. But if several parties to a deed sign it on

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different dates, the question is which date should be entered as the date of deed.

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The practice is to regard the last of such dates as the date of the deed. The date
should, in order to avoid mistake and risk of forgery, be written in words and not
in figures. Figures may be added within parenthesis. In every case in which a deed
is executed by more than one person, the date on which each signs the deed must
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be shown in the deed, preferably against his signature. The place where the deed is
executed must be specified very clearly and generally at the start of document.
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1. Third person
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Sometimes it is necessary or expedient, in order to validate a transfer or to give

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a complete title to the transferee, or to avoid possible disputes or doubts in that

regard, to obtain the consent or concurrence of a third person. In such cases,
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such third person may also be joined as parties.

2. Description

Full description of the parties so as to prevent difficulty of identification should

follow the name. In India, parentage, occupation and residence including
Municipal or survey number, street and city and in the case of resident of a rural
area the village, sub-division, tehsil and/or development block are generally
regarded as sufficient to identify a man, but if there is any other description which
is sufficient, the same may be normally adopted.

Where the transferor is as member of a scheduled caste or scheduled tribe for

whose protection the statute places restrictions on his right to transfer it may be

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necessary to mention such caste or tribe while reciting the fact of permission for

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the transfer having been obtained from the competent authority.

3. Juridical Person

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A party to a transfer need not be a living individual but may be a company, or
association or body of individuals or an idol or a corporation sole or aggregate, or
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in fact, any juridical person capable of holding property and entering into
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contracts.
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4. Idol
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As an idol has to act through some natural person, the name of the latter should be
disclosed.or „the second party‟), „the said AB‟, „the said CD‟, but is is always
preferable to give each party some short name for reference. Whatever short name
is adopted theparty should be referred to throughout by the same name.

Section 106 in the Transfer of Property Act, 1882

106. Duration of certain leases in absence of written contract or local

usage.—(1) In the absence of a contract or local law or usage to the contrary, a
lease of immovable property for agricultural or manufacturing purposes shall be
deemed to be a lease from year to year, terminable, on the part of either lessor or
lessee, by six months' notice; and a lease of immovable property for any other
purpose shall be deemed to be a lease from month to month, terminable, on the

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part of either lessor or lessee, by fifteen days' notice.

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(2) Notwithstanding anything contained in any other law for the time being in
force, the period mentioned in sub-section (1) shall commence from the date
of receipt of notice.
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(3) A notice under sub-section (1) shall not be deemed to be invalid merely
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because the period mentioned therein falls short of the period specified
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under that sub-section, where a suit or proceeding is filed after the expiry of
the period Every notice under sub-section (1) must be in writing, signed by
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or on behalf of the person giving it, and either be sent by post to the party
who is intended to be bound by it or be tendered or delivered personally to
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such party, or to one of his family or servants at his residence, or (if such
tender or delivery is not practicable) affixed to a conspicuous part of the
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property mentioned in that sub-section.

1. As our client of, who is the owner, is no longer interested in

continuing with the tenancy, we, at the instance of our client, do hereby
give notice that your monthly tenancy, in respect of
measuring sq. ft. shall

stand terminated upon expiry of 15 days from the date of receipt of this
Notice.
 2. We, on behalf of our client, accordingly, call upon you to quit, vacate and
deliver up peaceful and vacant possession of the
_ measuring sq. ft. upon expiry of 15 days from the
date of receipt of this Notice to our client in the same condition as
measuring

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sq. ft. was given to you in the year .

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3. In the event, you fail to quit, vacate and deliver up vacant and peaceful

possession of measuring

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_ sq. ft. upon expiry of 15 days from the date of receipt of the instant
Notice, you will be treated as a trespasser and
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appropriate legal proceedings, against you, would be initiated for

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recovery of vacant possession of

_ measuring
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_ and other reliefs. Needless to mention that you will be responsible for
the costs and expenses thereof.
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4. Please treat this Notice as a Notice under Section 106 of the Transfer of

Property Act 1882.

Thanking you,
Yours faithfully,

Advocate

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Copy to: Client

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Section 80 of CPC

Introduction
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Generally, in suits between individuals and individuals notice to defendants by

plaintiff before institution of suit is not required to be given. However, section 80
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of the Civil Procedure Code (CPC) says that before institution of a suit against the
government or against any public officer, in respect of any act purporting to be
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done by such public officer in his official capacity, until the expiration of two
months next after the notice in writing has been delivered.
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Nature of Section 80:

Section 80 contains a rule of procedure and makes it mandatory to serve a notice

before institution of a suit against the Government or against a public officer.

Thus, this section describes two types of cases:

  Suit against the Government and

 Suit against public officers in respect of acts done or purporting to

bedone by such public officers in their official capacity.

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Object of the Notice:

Underlying object of section 80 is to provide an opportunity to the Government or

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public officer to consider the legal position and to settle the claim forwarded by the
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prospective plaintiff if it appears to be just and proper. It is expected from the
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government unlike private parties to consider the matter objectively and make an
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appropriate decision in two months after obtaining proper legal advice. It saves
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public money and time and is in public interest.

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The legislative intent behind this provision is that public money not be wasted for

unnecessary litigation. The section guides the Government or a public officer to

negotiate just claims and to settle them if well‐founded without adopting an

unreasonable attitude by inflicting wasteful expenditure on public exchequer.

1. That my client is _ in the Department for last years and by
dint of his hard work and perseverance got many promotions and presently
is holding the post/rank of . During entire career as ,

my client has earned as many as and thus commands good reputation

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and respectability amongst his superiors, peers and subordinates as well as

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amongst the people of society as well as his relatives and family members.
My client has received appreciations from his superiors for displaying
keenness of aptitude and devotion to the profession by means of which he

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built very good reputation for himself in the assessment of his superior
officers and which deservedly earned him promotion to the post/rank
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of . My client has worked in various places, ie; in the thus became
familiar and well-known Officer to the masses. By dint of sheer hard
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work and good grasp of his subject, accompanied by excellence in the field
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of work, he has established a fine reputation and has impeccable reputation

in the society.
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2. That my client is a permanent resident of the State of _ and is

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presently residing at the address mentioned above. My client is in the

department of of for over many decades and have long
outstanding service career as well as public dealing. During the long career
as public servant my client has long record of distinguished and self-less
service and is holding the key posts in the department of _ _. Apart
from it all my client is possessing a good reputation amongst the public, his
being the public dealing service.

The fact that my client has achieved many promotions in his careers and is
bound to earn many more promotions, bear the testimony to the fact that my
client has good character, moral and exemplary service records throughout. The
job of my client is of public dealings and during the course of his duty; he has
to deal with large numbers of public men coming from various strata of the
societies from within and outside the state of . As such, my client is

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well-known to the public. My client has good reputations amongst the people of

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the State and outside of the state.

3. That you all have jointly got published the news item in your _ daily

4. " _ at Column No. , page No. dated wherein you have

stated that "
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", which news item is false, frivolous and vexatious with a
view to cause damages by way of defamation to the image and reputation of my
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client by publishing a news item in __your Daily News Paper published in the
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name and style of " _ dated , which news item was actuated with the
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malice intent on your part so as to calculatedly cause irretrievable harm and

damage to the reputation, name, fame and standing in the society of my client
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hereinabove mentioned, which he has pain stakingly built over the years.

5. That you have deliberately published the news item in your issue of " "
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dated under the caption ' , which on the face of itself is offensive,
obnoxious and smacks of the underlying malice and mischief intended by you
so as to tarnish the image and reputation of my client and his other family
members and cause embarrassment for them among the public and the said
news item was based on conjectures and surmises and in utter disregard of the
standards of journalistic norms and ethics, and abuse of freedom of

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publications. The said news item does not carry a fair report of facts and it

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rather carries a mal-intention on your part to mud-sling on my client.

6. That the news item has been compiled by you on behest of Sh. , in
collusion with the correspondent Sh.
" " dated .
& _ and the origin of the news items is
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7. That ever since publication of the above news item in the newspaper, my
client and his family members have to face embarrassing situation and while
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going to the public places, such as market etc. they have to hear disparaging
remarks from the passer-by. There has been a spate of such incidence due to
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which my client and his family members have to confine themselves to their
houses and office and refrain from going to the public places.
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It is evident that the news item has been designedly and calculatedly published
with the underlying mischief of harassing my client and his family members
which you have succeeded by damaging the reputation and image of my client
publishing the wrong and false news item, which facts are far from truth. The
said news item has caused immeasurable mental as well as physical agonies to
my client and his family members and lowered down the reputations of my
client and his family members in the society, amongst acquaintances, friends,
 relations and general public and my client and his family members have to face
social ostracism because of wrongful act of yours.

8. That the cumulative direct effect of the said act of publication of news items by

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distortion of facts as mentioned hereinabove, individually as well as jointly by all

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of you was to totally ruin the career and reputations of my client and obliterate all
his contributions to the society and in administration. This news item has no
factual basis and is an act of irresponsibility and a brain wave of an irresponsible
person.

9. That so much, so that the

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_ had submitted his/her contradiction to the
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above news item on by fax, which you have deliberately not
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published in your later editions so as the damage intended by you to be caused to

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the reputation of my client can be perpetuated.

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10. That my client is entitled to damages for mental torture, harassment, agony,
humiliation, which he and his family members have suffered and are undergoing at
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present because of wrongful, acts on your part individually and jointly. My client is
entitled for damages for defamation, which he had suffered since publication of the

news item and word of mouth getting circulated thereafter originating from the
news item. My client is entitled for the following amounts which are quantified as
under:

(a) Damages on account of Loss of Reputation - Rs. _ Lakhs.

 (b) Damages for mental agonies, torture and physical harassment - Rs.
Lakhs

10 Now please take notice that you either tender your unconditional apology by

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publishing in the future edition of your above daily or pay the damages to my

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client as quantified above within two months on receipt of this notice, failing
which my client will be constrained to have recourse to appropriate legal remedies
against you at your risk and expense.

Please note that cc is retained. &

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Yours Sincerely,
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, Advocate
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Section: 434 of the Companies Act, 1956

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1. On such date as may be notified by the Central Government in thisbehalf,—

(a) all matters, proceedings or cases pending before the Board of Company Law
Administration (herein in this section referred to as the Company Law Board)
constituted under sub-section
(1) of section 10E of the Companies Act, 1956 (1 of 1956),
immediately before such date shall stand transferred to the Tribunal and the
Tribunal shall dispose of such matters, proceedings or cases in accordance with the
 provisions of this Act;

(b) any person aggrieved by any decision or order of the Company Law Board made
before such date may file an appeal to the High Court within sixty days from the date
of communication of the decision or order of the Company Law Board to him on any

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question of law arising out of such order:

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Provided that the High Court may if it is satisfied that the appellant was prevented by
sufficient cause from filing an appeal within the said period, allow it to be filed within a
further period not exceeding sixty days; and
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(c) all proceedings under the Companies Act, 1956 (1 of 1956), including proceedings
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relating to arbitration, compromise, arrangements and reconstruction and winding up of
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companies, pending immediately before such date before any District Court or High
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Court, shall stand transferred to the Tribunal and the Tribunal may proceed to deal with
such proceedings from the stage before their transfer:
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Provided that only such proceedings relating to the winding up of companies shall be
transferred to the Tribunal that are at a stage as may be prescribed by the Central
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Government.

Provided further that only such proceedings relating to cases other than winding-up,
for which orders for allowing or otherwise of the proceedings are not reserved by the
High Courts shall be transferred to the Tribunal:
Provided also that– (i) all proceedings under the Companies Act, 1956 other than

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the cases relating to winding up of companies that are reserved for orders for
allowing or otherwise such proceedings; or

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(i) the proceedings relating to winding up of companies which have not been
transferred from the High Courts; shall be dealt with in accordance with provisions
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of the Companies Act, 1956 and the Companies (Court) Rules, 1959 .
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Provided also that proceedings relating to cases of voluntary winding up of a

company where notice of the resolution by advertisement has been given under
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sub-section (1) of section 485 of the Companies Act, 1956 but the company has not
been dissolved before the 1st April, 2017 shall continue to be dealt with in
accordance with provisions of the Companies Act. 1956 and the Companies
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(Court) Rules, 1959.

2) The Central Government may make rules consistent with the provisions of this
Act to ensure timely transfer of all matters, proceedings or cases pending before
the Company Law Board or the courts, to the Tribunal under this section.
Notice under Section 434 of the Companies Act

SPEED POST/REGISTERED POST WITH A/D.

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Dated:

To
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Dear Sir(s),
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Re: Notice under section 434 (a) of the Companies Act, 1956 for winding up of
the addressee Company due to outstanding debt amount of Rs. /-
(Rupees _ _ only) along with interest @ 18% per annum
pending payment.

Our Client:

We write under instructions of our abovementioned Client and state as under:

1. That sometime you approached the principal
officers of our client with a request to avail loan amount of Rs.
/- ( Rupees only) ) (hereinafter

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referred to as “said loan”) inter alia, on condition that the said loan shall be

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for a tenure of days and the said loan amount shall bear
interest @ % per annum.

2. That in view of the aforesaid, on our client remitted to

you a sum of Rs.
Account No.
& /- through its
_ vide RTGS UTR
Bank
No.
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to your Bank Account No. heldwith
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. The said loan was granted to you for the

agreed period of _ days only, having the maturity date as
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3. That on or about you have refunded a sum of Rs.

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/- on account of the loan amount which matured on

, thereby reducing the balance principal dues against the loan amount to
Rs. /- ( Rupees _ only).

4. That in view of the aforesaid, the loan amount stood reduced to Rs.

/- and in partial discharge of your existing legal

 liability and/or debts arising out of the reduced loan amount, you issued and
forwarded to our client a cheque bearing _ dated _ _
for payment of outstanding principal dues of Rs. /-
drawn on .

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5. That our client presented the said abovementioned cheque No. _
for encashment within its validity period with its banker, viz.,
. However, to our client’s utter surprise the said cheque was returned unpaid

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and dishonoured vide dishonor return memo dated
endorsement “Not arranged for/Funds Insufficient”,
with
information whereof
the
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was received by our client on
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_. Further, under the cover of an undertaking letter dated

you had assured our client that the aforesaid cheque shall be encashed upon
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presentation and will not be stopped under any circumstances, nor the Bank
account closed and neither will you change the authorized signatories of the
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Bank.
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6. That pertinent to the aforementioned facts, our client constantly pressed for
the payment of the outstanding dues against for a total amount of Rs.
/- (Rupees only) along with interest @ 18% per annum accruing and
rising every day thereby from you and the same is still pending payment.
7. That thereafter, since you have failed to pay heed to our client’s constant
requests, our client was pained to issue and send legal notice to you dated
_ through their advocates demanding payment of the outstanding dues and
interests accruing thereon upto the date of re-payment of your loan

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obligations.

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8. That vide your letter dated sent to the advocates of our client
as reply letters to the aforementioned legal notices, you have intentionally,

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deliberately, mischievously and with malafide intention alleged that you are
not liable to pay to our client the outstanding dues of Rs. _/-
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(Rupees only) along with interest @ 18% per annum accruing
and rising every day.
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9. That in view of the above, it is highly irrational and unethical on your part to
have enjoyed the total amount of Rs. /- (Rupees
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only) by taking undue and unfair advantage of our client gave you the loan
amount for your benefit in your time of crisis under the impression that the
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entire loan amount along with interest accrued thereon will be returned by
you within the agreed time.

10. That you have grossly attempted to enrich yourself in an illegal manner and
you have acted against the interest of morality in attempting to usurp the
 hard-earned money of our client by retaining the total amount Rs.

/-(Rupees only) along with interest @ 18% per annum accruing and
rising every day and failing to return the same within the agreed time.

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11. In view of abovementioned facts and circumstances, our client being a
creditor of your Company and you being indebted to our client for a sum of
total amount of Rs. /- (Rupees only) along
with interest @ 18% per annum accruing and rising every day thereupon as
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on date and we, on behalf of our client, hereby call upon you and make
demand for payment of the entire outstanding dues of the Rs.
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/- (Rupees only) along with interest @ 18% per annum accruing and
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rising every day from the due date/maturity date of the outstanding dues
against the loan amount, till the date of payment, by Pay Order drawn in
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favour of our client within a period of 21 days from the date of receipt of
this notice, failing which, our client shall be constrained to initiate
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appropriate proceedings under sections 433, 434 and 439 of the Companies
Act, 1956, at your peril, costs and consequences thereof, which please note.
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Needless to mention, our client shall further resolve to other legal remedies
criminal and civil, available under the law.

Please treat this Notice as a statutory notice under section 434 (a) of the

Companies Act, 1956 and also as a notice under the Interest Act, 1978.

This notice is without prejudice to our client’s rights in any other

proceedings

which have already been initiated/filed and/or may be initiated/filed before

any
Court of Law with regard to the aforementioned dues.

Please acknowledge receipt of this letter.

Thanking you.

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Advocate

Copy to: Client

FORMAT OF REPLY TO LEGAL NOTICE

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Name of the Advocate …

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Jangpura Extn.
New Delhi-110019
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Ph.011- 2437XXXX
REGD A/D / U.P.C. Dated:
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To,
Sh. …
Advocate… Delhi High Court,
New Delhi-110001
SUB: REPLY TO YOUR LEGAL NOTICE U/S 138 NEGOTIABLE
INSTRUMENT ACT,

Dear Sir,
Your legal notice dated 09.06.2015 has been placed before me by my client Sh.

………………….at Connaught Place, New Delhi -110001 and I, the undersigned,

have been instructed to reply to your said notice by my client on his behalf as
under:

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A. That, at the outset you are being informed that the notice under reply, you have
sent on behalf of your above said client, contains false and frivolous facts provided
by your said client against my client, thereby your notice under reply deserves to
be withdrawn, with unconditional apology by your client, because the claim made
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by you is without any basis and is based upon concocted facts, as no claim is made
out against my client and in favour of your client.
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B. That, in fact, my client did not place any order for supply of any machines
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whatsoever, as alleged by you. But, with a view to dispose off your old stock of
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outdated machines, you requested my client to place them at his shop for sale.
Keeping in view old relations my client agreed to your client’s proposal, which
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was subject to the condition that payment would be made only after those
machines were sold out. However, those machines were not only outdated, but
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were also mechanically faulty, because of which till date they are lying with my
client, which your client is at liberty to take back with two days‟ prior notice. It is
pertinent to mention here that the cheque in question was handed over by my client
blank and the same was to be used only upon instructions of my client, after he
could sold out your all those machines.

C. That, however, your client has cheated my client by misusing that cheque which
is not in the handwriting of my client. As a matter of fact, your client has
committed fraud in the matter and, consequently, is liable to be proceeded under
the relevant provisions of law.

REPLY ON MERITS:

1. That the contents of para 1 of your legal notice are wrong and denied and
whatsoever is stated above is reiterated. It is denied that my client purchased

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from you client any machines whatsoever. Rather, my client helped your

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client to keep your machines in his godown/shop for disposal. Therefore, it
is denied that the cheque in question was issued in discharge of any liability
towards my client, as alleged in this para.

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2. That the contents of para 2 are denied for want of knowledge. However, it is
reiterated that my client ever issued any cheque, in the manner as alleged by
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you.
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3. That, in reply to para 3 of your legal notice, what is stated above is

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reiterated. It is submitted that your client was not entitled to use that cheque
for encashment and deposit the same in his bank.
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4. That the contents of Para’s 4 &5 are denied for want of knowledge.
However, it is reiterated that any cheque was issued in discharge of any
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liability towards my client to your client.

5. That the contents of para 6 need no comments. However, it is denied that my

client committed any offence whatsoever.

In view of aforesaid facts and circumstances, you are being advised to

further advice your client to withdraw the said notice under reply and further
 advise him not to drag my client in any frivolous litigation, failing which my

client shall be constrained to contest the same, besides proceeding against

your client under the relevant provisions of law, at the costs, risks and

consequences of your client only.

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Yours Sincerely, Advocate

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Copy kept in my office for future reference and use.

General Power of Attorney

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This is a written authorisation document where a person (“Principal” or “Donor”)
confers authority to another person (“Attorney”, “agent” or “Donee”) to act on his
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behalf in matters of property, business affairs, financial and Banking transactions,
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legal matters etc.

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This document empowers the Attorney to represent the principal in

various matters when the latter is out of country or old and incapacitated or even
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otherwise not able to take care of one’s property and finance etc.

Power of Attorney can either be in general or limited to a specified purpose. Where

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the principal is unable to attend various dealings, he appoints an Attorney to

perform the required actions on his behalf.

Always grant power Attorney to a trusted aide or family member. This document
can have negative consequences if the power is misused by the Attorney. Use this
utility wisely. In India the Power Of Attorney Act, 1882, frameworks and guides
this type of arrangement.

Types of Power of Attorney

General Power of Attorney

Where the principal authorises the Attorney to do certain general acts on his
behalf. The word ‘General’ here means that the power must be general regarding

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the subject matter and not general with regard to powers in respect of a subject
matter. If you are a NRI or living abroad, refer to procedure for making GPA for

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NRIs and those are presently not in India.

Special Power of Attorney

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In this, principal confers powers to the Attorney to act on behalf only for specified
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purpose and the power ceases to exist once the purpose is over or carried out. The
transaction can be single or multiple as specified.
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When to use?
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 When you’re looking for an aide to represent you in important matters

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 When a person is unwell and is not in a position to carry out critical

transactions
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 When a person is abroad and wants to appoint an abettor to assist in

domestic business
 If you’re preoccupied with other appointments and are unable to concentrate
on a project/task

What does it cover?

 Attorney’s powers related to conducting business

 Real estate and property matters

  Selling & Buying investments,operation of bank accounts

 Power to enter into agreements and registrations

 Other basic and vital clauses

Format of General Power of Attorney

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TO ALL TO WHOM THESE PRESENTS SHALL COME

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Know all men by these presents that I ……………… s/o …………….. aged …….
yrs r/o ................................................... , state as follows :-
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Whereas I am personally unable to attend to the managerial and other affairs with
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respect to my property ……………(Description of property)……………., so I,
hereby nominate and appoint Shri/Smt……………..………………
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R/o……………… as my true and lawful Attorney to act for and on my behalf and
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I authorize and empower him to do the following acts, deeds and things on my
behalf:-
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1. To rent the aforementioned property by leave and license agreement.

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2. To purchase the stamp, make, sign, execute and admit the execution of
leave and license agreement and to appear before the sub registrar for the
registration of the leave and license agreement of the aforesaid property.
3. To demand, collect the rent due on the aforementioned property.

4. To manage and control my aforesaid property including collection of

monthly rents, from the licensees and issuance of proper stamped receipts
acknowledging the rent received.

5. To make applications, affidavits, documents etc., to the Govt. Departments

 and any other concerned authorities, required for the managing of the
aforesaid property and to do all other acts, deeds and things in respect
thereof
6. To effect and carry out necessary repairs, additions, etc., in the said property
as and when may be desired, and for this purpose obtain all the necessary

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permissions and/or sanctions, necessary from any appropriate authority.
7. To deal with Govt. departments and other local bodies for the purpose of

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anyessential facilities or amenities required to be provided in the building.
He can sign all papers and documents etc. for this purpose.
8. To pay all the taxes, Municipal levies and other taxes, which may be,
required to be paid. &
9. To file any objections with Govt. departments or other local body of
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Government for any purpose related with said property.
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10. To furnish the details of Licensee to concerned Police Station, to get No

Objection from the local Police by appearing personally as and when
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required or called by the Police of concerned jurisdiction.

11. To pay maintenance charges to society and attend society meetings
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12. To engage any Advocate or Attorney for the purpose and or to appear for
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and represent our in all the courts, civil, criminal or revenue including labour
tribunals, original, revisional or appellate, in any registration offices, and also to

present appeals in any court, and also to accept services of all summons, notices
and other processes of law.

13. AND GENERALLY TO DO ALL other acts, deeds and things, which my
said attorneys may deem fit and proper for the maintenance, upkeep of my
property.
 14. This power of attorney is without any consideration

Provided that the said attorney shall not sell or transfer the ownership of the
property to any person. Provided further that the said attorney shall keep true
accounts of all activities performed by virtue of this power of attorney.

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AND

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I hereby agree and undertake to confirm and ratify all and whatsoever my said
attorney shall, do or purport to do by the virtue of this power of attorney.

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IN WITNESS WHERE OF this deed is signed by me at on this
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1. EXECUTANT
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Name & Signature –

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2. ATTORNEY HOLDER

“I hereby accept all the powers.”

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Name & Signature –

WITNESSES: 1…

Name and Address of Witness 1

 2. …………………

Name and Address of Witness 2

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WILL

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Section 2(h) of the Indian Succession Act, 1925 defines Will as:

“Will means the legal declaration of the intention of a testator with respect to his
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property which he desires to be carried into effect after his death.”

Section 2(b) of the Indian Succession Act, 1925 defines Codicil as: “Codicil is
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an instrument made in relation to a will, and explaining, altering or adding to its
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disposition, and shall be deemed to form part of the will.”

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 There is no standard form prescribed by law regarding drafting a will.

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 The language of the will should be clear and unambiguous.

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 The properties should be described with complete clarity.

 A will is drafted in first person.

 Details of the testator to be mentioned clearly. (Name, Age, Occupation,

Address etc.)

 Details of bequeath, to whom and which property is given.

  Details of the executor if any.

 Previous testaments if any.

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 Sou Signature and attestation. Signature of the testator and attesting

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witnesses(with their details)

 No stamp duty is required to be paid on a will.

FORMAT OF WILL &

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THIS IS THE LAST WILL TESTAMENT of me, Sh. XYZ S/o Sh. ABC
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R/O 13, PQS APPARTMENTS, ROHINI, DELHI- 110085 made at….(Place)

on….(Date). That life is uncertain and this is my last Will by way of which I
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bequeath voluntarily and out of my own free will in a sound state of mind, my
self-acquired properties to the beneficiaries as described hereunder.
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WHEREAS I was married to… (Name) on…. (date) and is living happily for
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…. Years and out of the wedlock, we have two children, a son … (Name)
aged… and a daughter … aged… AND WHEREAS … my son is happily
married to…. (Name) and out of the wedlock, they are blessed with one child…
(Name) aged…. and are residing at … (address).

AND WHEREAS …my daughter is married to… (Name) and out of the
wedlock, they are blessed with one child…. (Name) aged… and are residing
at… (address).
In my lifetime, I have built my movable and immovable properties out of my
own sources and, therefore, I am the absolute owner of the properties
hereunder. IMMOVABLE PROPERTY

1. Residential property bearing no. ………….admeasuring …………...

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2. Shop No. …………..admeasuring…..

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3. Shop No. ........................ admeasuring…

Immovable Property)
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4. Shop No. ……………….admeasuring …………….. (hereinafter called the
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MOVABLE PROPERTY
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All my household and personal belongings at … FD‟s if any Gold Details etc.
(hereinafter called the Movable Property)
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I HEREBY WISH that my abovementioned property should devolve in the

following manner: That my property bearing no…would devolve on to my
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wife….absolutely and unconditionally and she shall deal with the said property
in any manner as she likes and my children will have no claim on this property
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whatsoever. That my property-bearing no… and my all-movable property

would devolve on to my son… absolutely and unconditionally and none of my
legal heirs shall have any claims on this property whatsoever.

That my daughter is happily married and is well settled in her matrimonial

home and she does not need any financial support for survival after my death.
That my present will is drafted in my presence and upon my instructions and
contents of my will have been read out to me in my own vernacular.

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I declare the contents of this Will to be my last Will arrived at by me in sound
state of mind.

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IN WITNESSES WHEREOF I… have signed this will hereunder on this
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….Day of …., 20...at…in the presence of the following witnesses who are also
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attesting this will in my presence and at my request.

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Sign TESTATOR Signed by the above named testator in our presence at the
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same time and each of us has in the presence of the testator signed our name
hereunder as an attesting witness
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1. Name and details of Witness 1 Sign

2. Name and details of Witness 2 Sign

Definition of 'Agreement Of Sale'

Definition: An agreement of sale constitutes the terms and conditions of sale of a

property by the seller to the buyer. These terms and conditions include the amount

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at which it is to be sold and the future date of full payment.

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Description: Being an important document in the sale transaction, it enables the
process of sale to go through without any hurdles. All the terms and conditions
included in the agreement of sale must be understood thoroughly by both the
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parties and obeyed throughout the sale process till the time the sale deed is made.
Agreement of sale is the base document on which the sale deed is drafted.
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Sale deed is the document prepared at the time of full payment made by the buyer
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and when the actual transfer of the property takes place.

What is an Agreement for Sale?

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An agreement for sale is an agreement to sell a property in future. This agreement

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specifies the terms and conditions, under which the property in question will be
transferred. The Transfer of Property Act, 1882, which regulates the matters
dealing with the sale and transfer of house property, defines the contract for sale or
an agreement for sale as under:
“A contract for the sale of immovable property, is a contract that a sale of such
property shall take place on the terms settled between the parties” – Section 54.
Section 54 further provides that “It does not, of itself, create any interest in or

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charge on such property.”

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From the above definition, it becomes amply clear that an agreement for sale
contains a promise to transfer a property in question in future, on satisfaction of
certain terms and conditions. So, this agreement itself does not create any rights or
interest in the property, for the proposed buyer.
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What the sales agreement creates is a right for the purchaser to purchase the
property in question on satisfaction of certain conditions. Likewise, the seller also
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gets the right to receive the consideration from the buyer on complying with his
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part of the terms and conditions.

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In case of failure of the seller to sell or hand over possession of the property to the
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buyer, the buyer gets a right of specific performance, under the provisions of the
Specific Relief Act, 1963. A similar right is available to the seller under the
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agreement, for seeking specific performance from the buyer.

Importance of agreement for sale

Signing an agreement for sale becomes important in light of several factors. First,
this is a legal proof of the buyer and seller entering into an agreement, based on
which the future course of action would be decided, in case of a dispute. Also, if
 you are applying for a home loan, the bank would not accept your application till you
sign an agreement for sale.

Agreement for sale vs sale deed

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Sale Deed Agreement for sale

Sale deed is an actual transfer of property Sale agreement is a promise of a future transfer of
ownership property ownership

Sale deed includes information about both the &

parties (buyer & seller), their ages, addresses Sale agreement specifies the terms and conditions
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and other details under which the property will be transferred
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Sale agreement gives a right for the purchaser to

Sale deed gives the rights and interests in the purchase the property in question on the satisfaction
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property to the new owner. of certain conditions.

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Sale agreement precedes sale deed, signed and

Buyer has to pay stamp duty and registration executed by the seller and buyer on a non-judicial
fee to execute a sale deed stamp paper.
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FORMAT OF AGREEMENT TO SELL
This AGREEMENT TO SELL is executed at New Delhi, on This day of

by and between;

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Sh. S/o R/o hereinafter called "THE FIRST PARTY".

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IN FAVOUR OF
Sh. S/o R/o hereinafter called "THE SECOND PARTY".
The expression of the terms the 'FIRST PARTY' and the 'SECOND PARTY'

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wherever they occur in the body of this Agreement to Sell, shall mean and include
them, their legal heirs, successors, legal representatives, administrators, executors,
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transferee(s), beneficiary(ies), legatee(s),probatee(s), nominees and assignee(s).
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AND WHEREAS the FIRST PARTY for his bonafide needs and
requirements have agreed to sell, convey, transfer and assign to the SECOND
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PARTY and the SECOND PARTY has agreed to purchase the alongwith
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proportionate, undivided, indivisible and impartible ownership rights in the said

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freehold land underneath the said building measuring square yards, bearing
No. , situated at _ , with all rights, title and interest,
easements, privileges and appurtenances thereto, with all fittings, fixtures,
electricity and water connections, structure standing thereon, with all rights in
common driveway, entrances, passages, staircase and other common facilities and
amenities provided therein, hereinafter referred to as "THE SAID PORTION OF
THE SAID PROPERTY" for a total sale consideration of Rs. _
(Rupees _ ).
NOW THIS AGREEMENT TO SELL WITNESSETH AS UNDER: -

That in consideration of the sum of Rs. /- (Rupees

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SO
), out of which a sum of Rs. /-(Rupees

), as advance money has been received by the FIRST PARTY

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from the SECOND PARTY, in the following manner; the receipt of which the
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FIRST PARTY hereby admits and acknowledges

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And the remaining balance sum of Rs. /- (Rupees

_), will be received by the FIRST PARTY from the SECOND PARTY, at the
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time of registration of the Sale Deed, the FIRST PARTY doth hereby agree to

grant, convey, sell, transfer and assign all his rights, titles and interests in the said

portion of the said property, fully described above, together with proportionate

undivided, indivisible and impartible ownership rights in the freehold land

underneath the said building to the SECOND PARTY, on the

terms and conditions herein contained provided that nothing herein stated shall
confer or deemed to have conferred upon the SECOND PARTY exclusively any
right or title to the common driveway, passages, staircase, overhead water tanks,
sewers, water meters and other common facilities to the exclusion of the FIRST

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PARTY and or the SECOND PARTY or owners or occupants of the other units

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of the said building. That the actual physical vacant possession of the said portion
of the said property will be delivered by the FIRST PARTY to the SECOND
PARTY, at the time of the registration of the Sale Deed, after receiving the full
consideration.

That on or before
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, the FIRST PARTY will execute and get the
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Sale Deed of the said portion of the said property registered, in favour of the
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SECOND PARTY or his nominee/s, on receipt of the full and final balance
amount, failing which either party shall be entitled to get the Sale Deed registered
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through the court of law by SPECIFIC PERFORMANCE OF THE

CONTRACT, at the cost and expenses of the defaulting party.
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That the FIRST PARTY hereby assures the SECOND PARTY that the FIRST
PARTY has neither done nor been party to any act whereby the FIRST PARTY's
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rights and title to the said portion of the said property may in any way be impaired
or whereby the FIRST PARTY may be prevented from transferring the said
portion of the said property.
That the FIRST PARTY hereby declares and represents that the said portion of
the said property is not subject matter of any HUF and that no part of the said
portion of the said property is owned by any minor.

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That the FIRST PARTY assures the SECOND PARTY that the said portion of

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the said property is free from all kinds of encumbrances such as prior Sale, Gift,
Mortgage, Will, Trust, Exchange, Lease, legal flaw, claims, prior Agreement to
Sell, Loan, Surety, Security, lien, court injunction, litigation, stay order, notices,

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charges, family or religious dispute, acquisition, attachment in the decree of any
court, hypothecation, Income Tax or Wealth Tax attachment or any other
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registered or unregistered encumbrances whatsoever, and if it is ever proved
otherwise, or if the whole or any part of the said portion of the said property is ever
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taken away or goes out from the possession of the SECOND PARTY on account
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of any legal defect in the ownership and title of the FIRST PARTY then the
FIRST PARTY will be liable and responsible to make good the loss suffered by
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the SECOND PARTY and keep the SECOND PARTY saved, harmless and
indemnified against all such losses and damages suffered by the SECOND
PARTY.
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That the house tax, water and electricity charges and other dues and demands if
any payable in respect of the said portion of the said property shall be paid by the
FIRST PARTY upto the date of handing over the possession and thereafter the
SECOND PARTY will be responsible for the payment of the same. That no
common parts of the building shall be used by the SECOND PARTY or other
owners/occupants of the said building for keeping/chaining pets, dogs, birds or for
storage of cycles, motor cycles nor the common passage shall be blocked in any

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manner. That the proportionate common maintenance charges will be paid by all

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the occupants/owners of the said building in proportion of the area occupied by
them.

That the SECOND PARTY shall have full right of access through staircase to the

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top terrace at all reasonable times to get the overhead tank repaired/cleaned etc.
and to install T.V. Antenna.
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That the SECOND PARTY shall have, as a matter of right, right to use all
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entrances, passages, staircases and other common facilities as are available in the
said building.
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That a separate electric meter and water meter have been provided in the said
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building for the exclusive use of the owner(s)/occupants of the said portion of the
said property.
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That in the event of the building being damaged or not remaining in existence on
any account whatsoever then the SECOND PARTY shall have the proportionate
rights in the land alongwith other owners of the building and shall have the right to
raise construction in proportion to the one as now being sold conveyed and being
transferred under this Agreement to Sell.
That the SECOND PARTY have full right to nominate or assign this Agreement
to Sell in favour of any person or persons, be it a firm, body corporate or
association of person and the FIRST PARTY shall have no objection to it.

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That pending completion of the sale, the FIRST PARTY neither shall enter into

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any agreement of sale in respect of the said property or any part thereof nor shall
create any charges, mortgage, lien or any arrangement, in respect of the said
property in any manner whatsoever.

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That the photostat copies of all relevant documents in respect of the said property
have been delivered by the FIRST PARTY to the SECOND PARTY.
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That all the expenses of the Sale Deed viz. Stamp Duty, Registration charges, etc.
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shall be borne and paid by the SECOND PARTY. That this transaction has taken
place at New Delhi. As such, Delhi Courts shall have exclusive jurisdiction to
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entertain any dispute arising out of or in any way touching or concerning this
Deed.
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IN WITNESS WHEREOF, the FIRST PARTY and the SECOND PARTY

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have signed this AGREEMENT TO SELL at New Delhi, on the date first
mentioned above in the presence of the following witnesses.

WITNESSES: - 1. FIRST PARTY.

2. SECOND PARTY.
SALE OF IMMOVABLE PROPERTY

Section 54 of the Transfer of Property Act, 1882 defines Sale as “Sale is a transfer

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of ownership in exchange for a price paid or promised or part-paid or part
promised.”

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the contract for sale of immovable property must be in writing.

Section 55 of the Transfer of Property Act, 1882 lays down the duties,
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obligation and rights of the vendor and purchaser under an agreement of sale, as
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well as for sale in case of absence of contract to the contrary.
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Sale deed is chargeable with the stamp duty.

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where the value of the immovable property is more than Rs.100, it is required to
be compulsorily registered.
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An agreement for sale and sale deed should clearly show: who are the parties to
the contract (Vendor/Vendee or Vendor/Purchaser or Seller/Buyer); the subject
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matter; the intention to sell and buy; the price agreed and how it is to be paid and
other terms of the contract.

The contract for sale of immovable property is usually preceded by an

agreement for sale
FORMAT OF SALE DEED

This DEED OF ABSOLUTE SALE is made and executed on this day of

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, Two Thousand _

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BETWEEN

Sri , son/wife/daughter of Sri/Late ,

aged about years, holding PAN _
Nationality Indian, residing at
& , by Caste , by
, hereinafter called the
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"SELLER" (which expression shall mean and include his legal heirs, successors,
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successors-in-interest, executors, administrators, legal representatives and assigns)

of the ONE PART.
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AND
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Sri , son of _ , aged about years, by

Caste , by Nationality Indian, holding PAN , residing
at , hereinafter called the "PURCHASER" (which
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expression shall mean and include his legal heirs, successors, successors-in-
interest, executors, administrators, legal representatives and assigns) of the

OTHER PART.

The SELLER and the PURCHASER are hereinafter referred collectively as

parties and individually as party.

WHEREAS the SELLER is the absolute owner, in possession and enjoyment of

the piece and parcel of _ land measuring about _ decimal, lying and
situated in R.S. Plot Number , corresponding L.R. Plot Number ,
Recorded in R.S. Khatian Number _ and L.R. Khatian Number , at
Mouza _, J.L. Number , Touzi Number _, under Police Station

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_, Registration Sub-District , in the district of

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_, more fully and particularly described in the schedule here under written and
hereafter referred to as the "SCHEDULE PROPERTY”.

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ANDWHEREAS the SCHEDULE PROPERTY was the self-acquired property
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of , deceased father of the SELLER and he purchased the same from
Sri , son of of _, by
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virtue of a Sale Deed dated _ , and registered in the office of the

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, in Book 1, Volume No. , Pages to

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, Being Number for the Year .

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ANDWHEREAS the said _ died in-estate on leaving behind

his only son namely, Sri _, the SELLER herein, as the only legal
ANDWHEREAS the SELLER herein, as the only legal heirs of the deceased ,
have become the absolute owner of the SCHEDULE PROPERTY since the death of his father
on and he has been enjoying the same with absolute right, title and interest since then and he has
clear and marketable title to the SCHEDULE PROPERTY.

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ANDWHEREAS the SELLER being in need of funds to meet his personal commitments and
family expenses have decided to sell the SCHEDULE PROPERTY and the PURCHASER has
agreed to purchase the same.

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ANDWHEREAS the SELLER agreed to sell, convey and transfer the SCHEDULE
PROPERTY to the PURCHASER for a total consideration of Rs. (Rupees
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) only and the PURCHASER herein agreed to purchase the same for the aforesaid consideration
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and to that effect the parties entered into an agreement on the .

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NOW THIS DEED OF SALE WITNESSETH:

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THAT in pursuance of the aforesaid agreement and in consideration of a sum of Rs.

(Rupees ) only received by the SELLER in
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cash/cheque/bank draft and upon receipt of the said entire consideration of Rs.
(Rupees ) only (the SELLER doth hereby admit, acknowledge,
acquit, release and discharge the PURCHASER from making further payment thereof) the
SELLER doth hereby sells, conveys, transfers, and assigns unto and to the use of the
PURCHASER the SCHEDULE PROPERTY together with the water ways, easements,
advantages and appurtenances, and all estate, rights, title and interest of the SELLER to and
upon the SCHEDULE PROPERTY TO HAVE AND TO HOLD the SCHEDULE

PROPERTY hereby conveyed unto the PURCHASER absolutely and forever.

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2. THAT THE SELLER DOTH HEREBY COVENANT WITH THE PURCHASER AS

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FOLLOWS:

i. That the SCHEDULE PROPERTY shall be quietly and peacefully entered into and held
and enjoyed by the PURCHASER without any interference, interruption, or disturbance

ii.
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from the SELLER or any person claiming through or under him.
That the SELLER have absolute right, title and full power to sell, convey and transfer
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unto the PURCHASER by way of absolute sale and that the SELLER have not done
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anything or knowingly suffered anything whereby their right and power to sell and
convey the SCHEDULE PROPERTY to the PURCHASER is diminished.
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iii. 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 SELLER shall discharge the same from and out
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of his own fund and keep the PURCHASER indemnified.

iv. That the SELLER hereby declares with the PURCHASER that the SELLER have paid
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all the taxes, rates and other outgoings due to local bodies, revenue, urban and other
authorities in respect of the SCHEDULE PROPERTY 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 for the earlier period, the same shall be discharged/borne by the SELLER.
v. That the SELLER have handed over the vacant possession of the SCHEDULE
PROPERTY to the PURCHASER on and delivered the connected
 original title document in respect of the SCHEDULE PROPERTY hereby conveyed on
the date of execution of these presents.
vi. That the SELLER 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

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in the property hereby sold and conveyed herein.
vii. That the SELLER do hereby covenants and assures that the PURCHASER is entitled to

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have mutation of his name in all public records, local body and also obtain all documents
in the name of the PURCHASER and undertakes to execute any deed in this respect

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SCHEDULE OF PROPERTY
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All that piece and parcel of land measuring about decimal, lying and situated in
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R.S. Plot Number ,corresponding L.R. plot Number , Recorded in R.S. Khatian
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Number and L.R. Khatian Number , at Mouza , J.L. Number , Touzi

Number , under Police Station , Registration Sub-District , in the district
of , butted and bounded by:
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On the North:
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On the South:

On the East:

On the West:

IN WITNESS WHEREOF, the SELLER and the PURCHASER have set their signatures on
the day month and year first above written.
LEASE DEED

The Transfer of Property Act, 1882 make provisions for the transfer, usage,
and exchange of property from one party to another. This Act deals with
various modes of transfer which include Sale, Exchange, Mortgage, Lease
and much more. The Lease Deed is a document that allows a person to

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transfer a property to another for a specific period on the condition that a

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consideration is paid on the property. The rights and obligations of the tenant
to the landlord and vice versa are contained in the lease deed. Such
instruments allow the transferee to retain its rights on the property and as
such the deed must be registered to offer it a legal status.
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WHAT IS A LEASE?
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A lease can be defined as the transfer of the rights and benefits on a property
to another for a specific time based on the amount paid or the promise for a
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payment in money or anything that may be considered of value to be offered

occasionally to the owner on the terms of their agreement. The detail of the
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agreement is contained in a document called Lease deed.

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WHAT IS A LEASE DEED?

Lease deed is defined as a document that contains the terms of a contract

where the tenant or the lessee has agreed to pay the lessor or the landlord a
rent for the use of the property periodically.

GENERAL TERMS THAT ARE COMMONLY FOUND IN A LEASE

DEED
 1. LESSOR: the lessor is the main party in the lease and is the owner of
the property.
2. LESSEE: This person has obtained from the lessor the rights to
access and use the property on lease.

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3. DURATION: this is used to describe the period for which the

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property will be used by the lessee. The period of the lease can be for
a specific time or for perpetuity.
4. PREMIUM OR RENT: this is the price you pay in exchanged for the
rights to use and enjoy the property. It can be a one-time payment or a
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promise. When it paid at a time, it is called a premium and when the
payment is on specific intervals or occasion then it is known as a rent.
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PROCEDURE FOR THE REGISTRATION OF A LEASE DEED

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1. Legally draft the lease deed

2. Submit the request for its registration along with the copies of the relevant
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documents.
3. Pay the stamp duty fees
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4. Visit the registration office

5. Pay the registration fee

WHAT IS IMPLIED BY THE EXECUTION OF A LEASE DEED?

Execution of a lease deed implies that the lessor has only transferred to the
lessee the rights of usage of the property in accordance with the terms
agreed by the parties. The partial or absolute ownership rights of the
 property are not transferred during the lease execution process. Absolute
transfer of rights of ownership or conveyance of parlance from one party to
another is referred to as demise.

A lease is the separation of the rights of ownership and possession. This

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implies that prior to the execution of the lease, the owner can enjoy the

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rights to possess the land but once the lease is in force, such rights is
excluded from him.

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WHAT ARE THE MINIMUM PROVISIONS THAT MUST BE
FOUND IN A LEASE DEED?
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The lease deed must clearly state:

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The rent amounts and

1. Time required to be
paid.
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2. The notice period for terminating the rent (mostly one month)
3. The provisions for a security deposit
4. The penalty against damage to the property

HOW TO USE THE LEASE DEED?

1. All the required facts and tenant to landlord relationship for the rented
 property are specified in the document.

2. The names and addresses of the tenants and landlord are stated in the
deed.

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3. The obligations and limitations of the tenant to the property can be stated

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in the lease deed.

4. The document must be printed on a non-judicial stamp paper.

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5. The lease deed must be drafted based on the tenancy to landlord law of
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the various states in India.

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WHAT ARE THE STAGES INVOLVED IN A LEASE?

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The stages of transaction involved in the execution of the lease deed is as

follows:

i. Negotiation: this is the first stage in the transaction process and takes place
immediately the lessee has discovered a suitable property. The lessor and
the lessee shall meet to discuss the different ingredients in the deal, which
include duration, mode of payment and consideration of the lease among
other things. At this stage, the parties will focus more on the commercial
 aspects of the transaction.
ii. The preliminary stage of documentation: immediately an
agreement has been reached on the commercial aspect of the
transaction, the parties will then proceed to record by writing the
mutual understanding they have with regards to their duties and

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obligations to the property. This will serve as an introduction to

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the next stage in the lease.
iii. Title Investigation stage: the purpose of this stage is to ensure
that the lessor is the owner of the property and that he has the

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rights to lease out the property to the lessee. This stage involves

thorough verification of records with the government and

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diligently examining the title deeds. Any permission that is
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necessary and the steps to obtained them must be considered at this

stage.
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iv. Drafting and purchase of stamp duty: The best way to demise, a
property is by a lease deed, which is a vital document in the
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transaction. Once the deed has been drafted and the conditions
contained has been acceptable to the parties, then the payment for
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stamp duty should be made for the document.

v. Registration and Execution stage: before the registration of the
deed, a payment either by rent or by premium must be made by
the lessee to the lessor. Now, the rights to use and enjoy the
property can then be transferred between the parties. It is an
acceptable practice that two or three persons sign on the document
as a witness to the lease. Now that the lease has been executed,
the next step is to approach the registrar's office for the
registration.
vi. Post registration stage: on the completion of the registration of
the lease deed and the property is now with the lessee, it is
important for the various government bodies and other
organizations functioning within the jurisdiction of the location of
the property be notified of the change in possession of the

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propertyby writing.

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Sale
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WHAT IS THE DIFFERENCE BETWEEN SALE AND LEASE?

Lease
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The buyer gets the total right of The tenant can only enjoy the
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ownership of the property. rights to use the property.

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The use of the property has no The lessee rights to possess the
limit. property comes to an end once
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the lease is terminated except on

the condition of perpetuity.
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The amount charged on the The money is paid once like a

property is paid once premium or on specific intervals.

Purchase of a property allows the In a lease, the lessee can only
buyer to enjoy and the freedom to enjoy the use of the property. In
sell off the property in future. most cases, a transfer of lease can
be allowed but the ownership
rights to the property lies with the
lessor.
 The cost of buying a property is A lease is much cheaper
usually larger than the lease of the
same property
The residual value of the property The lessee cannot have the

can be transferred to the buyer. residual value of the property.

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Sales usually involve documents The document in the lease is lease

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such as an agreement to sell, Deed agreement and deed of lease.
of conveyance, sale deed etc.

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WHAT ARE THE DIFFERENCES BETWEEN A LEASE AND A
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LICENSE?
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LEASE LICENSE
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The lessee is allotted the rights to use The licensee is allotted the right to
the property but not to own it. enjoy the property for a specific time
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for a given consideration.

The duration is usually a long one Usually short-term in duration with a
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and can be perpetual. maximum time of 5 years.

One time premium or rent can be The payment is usually a monthly

agreed for the consideration fee.

Termination of the lease by the Considering the ephemeral nature of
owner is often difficult. the arrangements, the license can be
terminated by the owners.
 It is the responsibility of the lessee to The burden of the maintenance of the
maintain the property property is on the owner even though
a little is expected from the licensee.
The cost of the transaction is It is usually cheap.

relatively high.

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It is the preferred transaction for Usually the standard mode of

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residential and business setups with transaction for residential
long-term goals. arrangements for a short duration.
Lease deed and agreement to lease Leave and license agreement are the

are the only document involved.

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FORMAT OF LEASE DEED
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THIS DEED OF LEASE made on this day of _

20 at between residing
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hereinafter referred to as the Lessor (which term shall mean and include wherever
the context so requires or admits his/their heirs, successors, administrators,
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executors, attorneys and assigns)of the One part and _ BANK

a body corporate _ hereinafter referred to as the Lessees
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(which term shall mean and include wherever the context as admits or requires its
successors, administrators and assigns) of the Other Part represented by its
Manager and holder of Power of Attorney dated Sri

, S/o. witnesseth as follows –

WHEREAS, the Lessor/s is/are the owners of the building bearing No.

situated at _ which is declared to be value of

Rs. by him / them and
WHEREAS, the Ground floor / First floor / Second floor measuring about
sq.ft. (Carpet area) in the said building more fully described in the schedule hereto
and hereinafter called the "Said Premises" was / were vacant and ready for
occupation and whereas the Lessee being in need of accommodation for its use and
occupation approached and requested the Lessor / s to grant lease in its favour in
respect of the "Said Premises" and whereas both the parties now desired to reduce
the terms into writing and whereas the Lessor / s agreed to grant lease in

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favour of the Lessee in respect of the "Said Premises", it is now hereby agreed as

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follows –
WHEREAS, the Lessee is already a tenant under the Lessor / s in respect of the
above building fully described in the schedule hereto and hereinafter called the
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"Said Premises" paying a monthly rental of Rs. and whereas the
Lessor approached and requested the Lessee to pay an enhanced rental of Rs.
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and whereas the Lessee consented to pay the enhanced rental ofRs. and
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whereas both the parties now desired to reduce the terms into writing, it is now
hereby agreed as follows –
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1. This lease for purposes of payment of rent and period of lease shall be
deemed to have commenced from_ .
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2. This lease shall be in force for a period of years certain from

. The Lessee shall, however, have the option to continue the lease thereafter
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for a further period upto years. The Lessee shall be at liberty to

vacate the "Said Premises or part thereof" at any time during the period of
lease on giving _ _ month/s notice.
3. The Lessee shall pay to the Lessor/s in respect of the `said premises' a

monthly rental of Rs. (Rupees

_ only) for the certainperiod of lease and a monthly rental of Rs. _ for the
option period of lease payable within the fifth working day of each
succeeding calendar month.
4. The Lessee has paid to the Lessor / s a sum of Rs. only being

month / s rent in respect of the ‘said premises' as deposit of rent to be

adjusted towards the rent for the last month / s of
the tenancy.

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5. The payment of all taxes, rates, cess and other levy including penalties, if

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any, charged thereon in respect of the `said premises', such as Corporation /
Municipal / Panchayat Tax, Urban Land Tax, etc., due to the State
Government, Central Government or other local or other civic, including
enhancements and new introductions shall be to the account of the Lessor.
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The Lessee shall be at liberty to pay the above tax, rate or cess or other levy
including penalties, if any, charged thereon in case of default or delay by the
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Lessor and adjust the amount so paid together, with interest and other
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incidental expenses from out of rents in respect of the `said premises'

becoming due immediately after the said payment or demand reimbursement
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of all such amounts, costs, expenses, etc., with interest @ % per

annum from the date of such payments until realisation by the Lessee.
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Service tax (if applicable) will also be borne and paid by lessor (landlord).
6. The Lessor shall, at his / their own cost, carry out all repairs including
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periodical painting of the `said premises'. The periodicity of such painting

will be once in 3 - 5 years. If the Lessor fails to carry out such repairs
including periodical whitewashing and painting, the Lessee may call upon
the Lessor in writing to do the same within one month from the date of

receipt of such request and if the Lessor fails to carry out the same within
that time, the Lessee shall be at liberty to get it done and adjust the amount
spent or expended or such repairs, etc., with interest % per annum
towards the rent payable to the Lessor or the Lessee shall have the right to
 recover the same from the Lessor.
7. The Lessee shall be at liberty to under-lease / sub-lease the `said premises' or
part thereof to any of its subsidiaries or to any other party.
8. The Lessee shall have the right to utilise the leased premises or part thereof
for any of their various needs.
9. The Lessor shall grant all rights of way, water, air, light and privy and other

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easements appertaining to the `said premises'.

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10. The Lessor has no objection to the Lessee in installing the exclusive
generator sets for the use of the Office whether such generator sets are
owned by the Lessee or taken on hire by a Third Party for the exclusive use

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of the Lessee. Further, the Lessor agrees to provide suitable space with
proper enclosures for installation of generator set free of cost.
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11. The Lessee shall have exclusive right on the parking space for parking of the
vehicles of staff members and customers of Lessee and the same shall not be
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disturbed obstructed or encroached in any manner by any persons

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whomsoever.

12. The Lessee shall have the right to remove at the time of vacating the `said
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premises', all electrical fittings and fixtures, counters, safes, strong room
door, safe deposit lockers, partitions and all other furniture put up by it.
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13. The Lessee shall be liable to pay all charges for electricity and water
actually consumed by the Lessee during the occupation and calculated as per
the readings recorded by the respective metres installed in the `said
premises'.
14. The Lessee shall not make any structural alterations to the building without
the information and permission of the Lessor. However, the Lessee is at
liberty and no permission of Lessor is required for fixing wooden partitions,
cabins, counters, false ceiling and fix other Office furniture, fixtures,
electrical fittings, air conditioners, exhaust fans and other fittings and Office
 gensets, etc., as per the needs and requirement of the Lessee and or make
such other additions and alterations on the premises which will not affect the
permanent structure.
15. The Less or may at their own cost and expenses construct any additional
structure/additional floor in the building and in which case and if the Less or
decides to lease out the said additional floors / area, then the first option and

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offer will be given to the Lessee and the Lessee shall have the right to take

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the same on lease on mutually acceptable terms. And in case of refusal by
the Lessee, then the Less or will be at liberty to lease out the same to any
other party.

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19. The Lessee shall hand over possession of the `said premises' to the Less
or on the expiry of the period of lease fixed herein or on the expiry of the
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period of option should the Lessee avail itself of the same and on refund of
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deposit made by the Lessee, if any, in the same state and condition as on the
date of occupation but subject to natural wear and tear due to ordinary use
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and lapse of time.

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SCHEDULE OF THE PROPERTY

(Here enter the boundaries and other details of premises leased out). In
witness whereof the parties hereto have set their hands hereunto in full
agreement of the terms and conditions set-forth herein above the day and
year hereinbefore first mentioned.
 WITNESSESS LESSOR / S

(1).

(2). LESSEE

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Partnership Deed

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Introduction

Partnership is considered to be the second most common method opted by

entrepreneurs or business owners to do business in any country. To start any

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business as partners, entrepreneurs can opt for a written document, known as
Partnership Deep to run and operate their businesses. Partnership deed is an
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economical, simple and convenient way of starting a business together.

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What is Partnership Deed?

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Partnership Deed is a written legal document that consists of an agreement

between two individuals who want to do business together and share profit and
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losses. Partnership Deed is also termed as Partnership Agreement wherein business

gets registered as Partnership Firm. To start a new business, two individuals gather
mutual understanding of sharing profits and losses together in a defined manner
(unlike a sole proprietorship).

Features of Partnership Business

 Partnership business should consist of at least 2 members

  Banking business partnership – Member limit is equal to or less than 10

 Non-banking business partnership – Member limit is equal to or less than 20

 Partnerships does not require any minimum capital requirement to start, as it

can be started with as much capital members want

 Partners should have mutual understanding before starting business

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 Ratio of profit and loss should be decided before the signing of partnership

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deed
 Every active member or partner is responsible for the action of other
partners or members
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Auditor is not required while registering as a partnership firm
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Components of Partnership Deed Format

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i) Business of the firm: Business to be undertaken by the partners of the firm

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ii) Duration of Partnership: Whether the duration of the partnership firm, is for
limited period or for a specific project

iii) Sharing of profit/loss: Ratio of sharing profits & losses of firm among partners

iv) Salary and commission: Details of the salary, and commission if any, payable
to partners

v) Capital contribution: Capital contribution to be made by each partner and the

interest on said capital to be paid to partners
vi) Partner’s Drawings: Policy regarding the drawings from the firm allowed to
each partner and interest if any to be paid by partner, to firm on such drawings

vii) Partner’s Loan

viii) Duties & Obligations of partners

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ix) Admission, Death & Retirement of partner

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x) Accounts & Audit

Registration of Partnership Deed:

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All the rights and responsibilities of each member are recorded in a document
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known as Partnership Deed. This deed can be oral or written; however, an oral
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agreement is of no use when the firm has to deal with the tax. Few essential
characteristics of partnership deed are:
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 The name of the firm.

 Name and addresses of the partners.

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 Nature of the business.

 The term or duration of the partnership. 

 The amount of capital to be contributed by each partner.

 The drawings that can be made by each partner.

 The interest to be allowed on capital and charged on drawings. 

  Rights of partners.

 Duties of partners.


 Remuneration to partners. 

 The method used for calculating goodwill.

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 Profit and loss sharing ratio

The sections of partnership deed can be modified with the accord of all the
partners. The deed must be appropriately drafted and outlined as per the provisions

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of the ‘Stamp Act’ and ideally registered with the Registrar of Firms.
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Importance of Partnership Deed
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Few are the important advantages of the well-drafted deed:

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 It controls and monitors the rights, responsibilities, and liabilities of all the
partners
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 Avoids dispute between the partners.

 Avoids confusion on profit and loss distribution ratio among the partners.

 Individual partner’s responsibilities are mentioned clearly. 

 Partnership deed also defines a remuneration or salary of the partners and

working partners. However, interest is paid to each partner who has invested
capital in the business.
Documents Required

 Form No. 1 (For registration under Partnership Act)

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 Signed Original copy of Partnership Deed by every partner

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 Affidavit that declares the interest of an individual of becoming a partner

 Property’s rental or lease agreement

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All the existing partnership firms are registered under the law governing
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partnerships in India that comes under Indian Partnership Act, 1932. After
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registering as a partnership firm, all the partners are required to sign and date the
partnership deed. This signed document needs to be witnessed by an individual
above 18 years of age who shall not be among the partners or members (excluding
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spouses or family members of any partner). A copy of partnership deed should be

kept with each and every partner of the firm. This deed ensures the defined roles
and responsibilities of each partner. It supports in evading unrequired
misunderstanding, harassment or conflict between the partners.

Why Create a Partnership Deed?

Partnership Agreements are be used by Partners wishing to form a partnership for
doing business together. It is strongly recommended or encouraged for partnerships
to have some kind of agreement among themselves, in case future disputes prove

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difficult to arbitrate. It is meant to promote mutual understanding and avoid

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mistrust. It indicates the terms on which the business corporation is founded.

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Also, registration of a Partnership will make the firm eligible for obtaining PAN,
applying for bank loan, opening bank account in Partnership Firm name, obtaining
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GST registration or IE Code or FSSAI license in partnership firm name and more.
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Executing a Partnership Deed

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Partnership agreement must be printed on a Non-Judicial Stamp Paper with a value

of Rs.100/- or more based on the value of properties held in the partnership firm.
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The partnership agreement is usually signed in the presence of all the partners and
each of the partners would retain a signed original for his/her records. Once the
document is signed by the Partners, the document is witnessed and the signed
partnership deed is held by each of the Partners is duplicate or triplicate.
 referred to as the "First Party" and

s/o, Sh., hereinafter referred to as the "Second Party" and

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a. Sh. s/o, Sh. _ , r/o of

, hereinafter referred to as the "Third Party" and

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The Party of the First Part, Second Part and the Third Part hereinafter collectively
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referred to as the "Parties".
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WHEREAS all the Parties are desirous of joining hands to carry on the business of

in Partnership, it has been mutually decided to reduce into writing the terms and
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conditions of the Partnership.

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NOW THIS DEED OF PARTNERSHIP WITNESSETH AS UNDER:

1. Name

That the business of the Partnership shall be carried on under the name and
style of .
2. Term of Partnership

That the Partnership shall be deemed to have commenced from

and shall continue unless otherwise determined by the Parties.

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3. Place of Carrying Business

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That the business of Partnership shall be carried from or any
other place as may be agreed upon by the Parties.

4. Profit Sharing Ratio

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That irrespective of capital investment, profits or losses of Partnership (including
losses of capital nature, if any) shall be divided amongst and borne by the Parties
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equally.
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5. Capital Contribution & Interest on Capital

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That the necessary capital as well as further funds required for the purpose
of Partnership business shall be contributed or arranged by the

Parties equally and in such manner as may be mutually agreed upon by and
between the Parties from time to time. Interest at the rate of percent per annum or
as may be prescribed under Section 40 (b) of the Income Tax Act, 1961 or any
other applicable provisions as may be in force under the Income tax assessment of
Partnership firm for the relevant accounting period shall be payable to the Parties
on account standing to the credit of the account of the Parties. Such interest shall
be calculated and credited to the account of each partner at the close of each
accounting year. However, in case of loss or lower income, rate of interest can be
nil or lower than percent as may be agreed upon by and between the Parties
from time to time.

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6. Remuneration

That the First Party and the Second Party shall be the working partners in the firm
and they shall be entitled to a remuneration of Rs. per month
and Rs. &
per month, respectively, which shall be paid by the th of each
month. The Parties shall be entitled to increase or reduce the above remuneration
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as may be agreed upon from time to time by and between the parties.
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7. Drawings by Partner
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Each partner shall be entitled to draw (in addition to the remuneration as

per clause 6) out of the partnership business any sum or sums of money not
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exceeding Rs. per month for his own use, such sums to be duly
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accounted for on each succeeding settlement of accounts and division of profits of

the partnership and if any excess drawings is found on any such settlement, the
same shall be refunded by the partner(s) concerned (with interest at percent per
annum).

8. Maintenance of Accounts
 That regular book of accounts shall be maintained during the course of
the business and these shall be closed on the 31st March each year and shall be
opened to inspection of the parties to this deed at all reasonable hours at the
Principal place of business.

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9. Operation of Bank Accounts

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That the Bank account(s) of the firm will be operated by the Parties jointly or
any two of them jointly.
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10 Partners to work in the interests of Partnership
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Each Partner shall –

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a. work honestly, diligently and shall devote their whole time and
attention to the business of the firm.
b. be just and faithful to other partners.
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c. give complete and truthful details of all matters relating to the affairs
of the firm.
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d. punctually pay and discharge their personal debts and liabilities.

e. shall do nothing to harm the interests of the Partnership.

11. Partners not to do certain Acts

Neither partner shall, without the consent of all other partners

 (a) Engage or be concerned or interested in any other business or
occupation either directly or indirectly;

(b) Take any apprentice or hire or dismiss any agent or servant of the

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firm;

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• Lend any of the moneys or deliver, upon credit, any of the goods of the
firm to any person or persons whom the other partner shall have
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previously in writing forbidden him to trust;
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• Except in the ordinary course of business give any security or promise
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for the payment of money on account of the firm;

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• Draw or accept or endorse any bill of exchange or promissory note on

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account of the firm;

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(c) Remit the whole or any part of any debt or sum due to the firm;

12. Introduction of a New Partner

If all partners agree, a new Partner may be introduced into the business of
the Partnership on such terms and conditions as may be mutually agreed
between the Parties to this deed and the new partner.
13. Death or retirement of a Partner

In the event of death of a partner, the Partnership shall continue with the

nominee/ legal heir of such Partner, joining the firm.

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OR

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If, during the continuance of the partnership, any partner retires or dies, the

remaining partner or partners shall have the option, by giving a notice in writing to
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the retiring partner or to the legal representatives of the deceased partner, as the
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case may be, within a period of days after the retirement or death, to purchase
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the share of the other partners, at the date of his retirement or death, in the capital
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and assets of the partnership. The purchase price, in such an event, shall be such

price as is mutually decided by and between the parties. If, however, the option to
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purchase share of the retiring or deceased partner is not exercised as aforesaid the

partnership shall be wound up and the assets distributed as per the provisions of the

Indian Partnership Act, 1932.

 14. Dissolution of Partnership

(a) That the Partnership is at will and may be dissolved at any time mutually

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or by giving one-month notice in writing by the outgoing party to the

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others.

(b) That in the case of dissolution of the firm the net realization on the

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sale of assets shall be distributed amongst the Parties equally after
meeting the liabilities of the firm.
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15. Arbitration Clause

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Every dispute or difference arising between the partners as to the

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interpretation, operation, or effect of any clause in the partnership which cannot be

mutually resolved, shall be referred to the arbitration of _(name
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of the Arbitrator) failing him, to any other arbitrator chosen by the partners in
writing. The decision of such an arbitrator shall be binding on the partners. Subject
as aforesaid the Arbitration and Conciliation Act, 1996 and the rules made there
under shall apply to the arbitration proceedings under this clause.
16. Governing Law

Except as aforesaid, the Partnership shall further abide by the provisionsof the

Indian Partnership Act, 1932.

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IN WITNESS WHEREOF, the parties have set their hands this day
of .

First Party &

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Second Party
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Third Party
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Witnesses:
1.
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2.

3.
What is Simple Mortgage Deed?

A mortgage is a transfer of interest in certain immovable property in order to

secure loan advanced or to be advanced in the future. A mortgage deed is a

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document through which the mortgagor transfers an interest in real estate to a

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

Why is it required?
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A mortgage deed is required when an individual is loaning money from
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another person/business and is required to transfer interest in a property to such

person.
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A mortgage deed is essential as it consists of the obligations, terms and conditions

between the mortgagor and the mortgagee. It determines the parties to the deed, the
rights of the lender, the extent of interest and title over the property, states the loan
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amount along with rate of interest and of course, evidences that interest in the
property has been transferred to the lender/mortgagee.

There are several kinds of mortgage in India. In a Simple mortgage, the property
can be mortgaged without delivering its possession and the mortgager binds
himself personally to pay the mortgage-money, and in the deed agrees that in case
the mortgager fails to pay in accordance with the deed/contract, the mortgagee will
have a right over the mortgaged property. The latter can even sell this property.

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What should it cover?

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Given below is a list of clauses/information that should be included in a mortgage
deed:
1) The relevant personal details of the parties such as full name, residential

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addresses and ages of the parties to the agreement,
2) Details regarding the property in question,
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3) Details regarding the extent of interest of the mortgagor and the mortgagee
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over the mortgaged property,

4) Details regarding the modes and conditions for repayment of the loan
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amount,
5) Duties and responsibilities of and between the parties,
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6) Mortgage clause - stating the type of Mortgage the parties have agreed to,

7) Clause stating whether the mortgagor has the right to exercise possession
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over the mortgaged property or not,

8) Clause specifying the treatment of mortgaged property in the scenario where
the mortgagor is declared insolvent,
9) Tenure of the mortgage deed as to when the mortgagor is entitled to get
his/her property back,
 Penalty clause explaining the details of what the penalty would be ifeither
party defaults in fulfilling its duties in accordance with the
agreement/deed,
General clauses such as applicable laws, dispute settlement clause,

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confidentiality, amendment clause, etc., and

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Date of signing of the agreement.

PROCEDURE &
A simple mortgage deed for an immovable property shall be drafted with the help
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of a lawyer. There are several legalities and clauses that must be included in your
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mortgage deed so as to avoid future legal troubles. A mortgage deed must be

registered in accordance with the prevalent laws; otherwise such transfer would be
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rendered as invalid.
No set procedure is applicable in the making of a simple mortgage deed. However,
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once the contract has been drafted by a lawyer, it should be specifically and
carefully read by both the parties to the transaction. Any necessary changes
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required to be made shall be carried out and once the agreement is finalised, it shall
be signed by both the parties along with the requisite witnesses. The said
agreement has evidentiary value when it is printed on stamp paper and signed by
both the parties. The stamp paper value (if relevant) depends on the particular State
in which it is executed. Each party should thereafter keep a signed copy of this
mortgage deed.
Legal Considerations

A mortgage deed should be properly stamped and duly registered to have

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legal/evidentiary validity. A simple mortgage deed must be signed,

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registered and attested by at least 2 witnesses. If these steps are excluded, it

is equivalent to not having an agreement/deed in the first place. The kind of

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attestation and registrationrequired, depend upon the kind of mortgage.

Nominal stamp duty must also be paid - depending upon the State in which
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the property is located in.
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FORMAT OF MORTGAGE DEED

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THIS DEED of Mortgage is made the _day of_ 20 by

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...................... ...................... (Name) S/o D/o W/o ......................

aged years residing at _

(hereinafter called the 'Mortgagor' which expression shall include his heirs,
executors, administrators and assigns) in favour of THE SOUTH INDIAN BANK
LTD, a company registered under the Companies Act 1913 having its registered
office at Thrissur, Kerala State and one of its branches at _

(hereafter called the 'Mortgagee' which expression shall include its successors and
assigns) of the other part.

WHEREAS ....................………………… (Name of Borrower) being in need of

funds has applied to the Mortgagee for the grant of loan/credit facilities to the
extent of Rs for the purpose of ...............……….. (mention the

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purpose for which the loan is granted).

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AND WHEREAS the Mortgagee has given/agreed to give Loan/Credit facilities

up to Rs. from time to time to the Mortgagor and/or

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agreeing to utilise the amounts so advanced for purposes applied for and on such
terms and conditions as the Mortgagee may stipulate from
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to time and on the Mortgagor securing the same by executing a Mortgage of
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his/her/its property situated at ....................……..

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NOW THIS INDENTURE WITNESSETH AND IT IS HEREBY

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MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS

FOLLOWS:
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1. In pursuance of the above representations and agreements and in consideration

of the Mortgagee having granted or agreed to grant Loan/Credit facilities from
time to time up to Rs in the account of

on such terms and conditions as may be stipulated by the Mortgagee from time to
time, the Mortgagor as beneficial owner hereby transfers to the Mortgagee by way
of mortgage ALL those pieces of land bearing Survey Nos ......................
.......................................... together with all buildings and structures thereon
situated at ......................and more particularly described in the Schedule hereunder
written (hereinafter called 'the said premises') as a security for repayment of the
amounts so advanced with interest thereon at the rate of
% per annum with _ rests, being % above Bank’s Base Rate, the current
Base Rate being %, raising or falling therewith, and/or at such other rate as
may be fixed by the Bank from time to time on account of changes in Base Rate

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(BR) and/or Spread as per the guidelines of Reserve Bank of India issued from

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time to time and upon and subject to the following terms, covenants and
conditions.

2. THE MORTGAGOR hereby declares that the Mortgagor is the sole and
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absolute owner of the said premises and there is no encumbrance or charge of any
nature existing over the said premises and he has powers, to mortgage the said
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premises and that all taxes, rents and dues payable on the said premises are paid
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upto date and there is no attachment or revenue recovery proceedings pending in

respect of the said premises
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3. THE MORTGAGOR HEREBY COVENANTS WITH THE

MORTGAGEE AS FOLLOWS:
a) That the Mortgagor will not so long as the Mortgage debt is outstanding
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and not paid encumber or charge the said premises or any part thereof without the
consent in writing of the Mortgagee which the Mortgagee shall be entitled to refuse
to grant without assigning any reason there for.

b) The Mortgagor shall repay the mortgage debt with interest and other charges on
demand by the mortgagee or in such instalments as may be prescribed by the
Mortgagee and in accordance with the terms and conditions stipulated by the
Mortgagee from time to time and that in the event of default of any one instalment
and/or any of the terms and conditions, the entire amount remaining unpaid shall
forthwith become due and payable.

c) That the mortgagor shall pay interest with rests

(monthly/quarterly) as may be stipulated by the Mortgagee from time to time and

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the interest shall be added to the loan amount with cumulative effect and that

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amount shall form the principal amount.

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d) That the Mortgagor shall pay regularly all taxes, rents and dues payable to the
Government or local authorities levied on the said premises.
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e) That the Mortgagor will be personally liable for repayment of the Mortgage debt
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in spite of the security given by this deed.

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f) That this Mortgage shall be a continuing security for the ultimate sum of money
not exceeding Rs. at any one time and interest thereon that may
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become payable by the Mortgagor to the Mortgagee upon any account/accounts

opened or to be opened in the name of the Mortgagor from time to time for
granting credit or other financial facilities to the Mortgagor and such account/s
is/are not to be considered to be closed for the purpose of this security and the
security shall not be considered as exhausted or discharged or released merely by
reason of the said account/s being brought to credit at any time or from time to
time.
g) The mortgagee shall not be required to make or continue any of the loans
otherwise than at the mortgagee’s absolute discretion.

h) The Mortgagor shall at all times keep such items of mortgaged premises as are
of insurable nature, insured with an insurance company approved and suggested by
the Mortgagee against loss or damage by fire, earthquake and other risks as may be

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required by the mortgagee and shall deliver to the mortgagee all such policies. It
shall also be lawful for but not obligatory upon the mortgagee to insure and keep

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insured by debiting the Mortgagor’s or Borrower’s account, the mortgaged
premises as are of insurable nature. The proceeds of such insurance shall at the
option of the mortgagee either be applied towards replacement of the mortgaged

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premises or towards the satisfaction of the mortgages dues hereunder.
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i) The mortgagor shall permit the mortgagee and its servants and agents either
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alone or with workmen and others from time to time and at all reasonable time and
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without notice to the mortgagor but at the risk and expenses of the mortgagor and
if so required as Attorney for and in the name of the mortgagor to enter into and
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upon the mortgaged premises and to inspect the same. The Mortgagor/Borrower
shall bear and pay all out of pocket expenses of such inspection as may be carried
out by the mortgagee in respect of the mortgaged premises.
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4. THE MORTGAGEE WILL BE ENTITLED TO CAUSE THE SAID

PREMISES TO BE SOLD IF:
a) The Mortgagor and/or_ _ fails to pay the loan

amount, interest and other charges and/or any instalments thereof.

b) The Mortgagor and/or fails to pay the mortgage

debt or any part thereof when it becomes due and payable.
c) The Mortgagor and/or commits breach or
default in the observation and performance of any of the terms and conditions
on which the loan/credit Facility is granted to him/ and/or

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In the opinion of Mortgagee circumstances exist under which the mortgagee’s
interests are in jeopardy, or the whole or any part of the security is/are likely to be
adversely affected/reduced/lost/diminished by or in consequence of any act or
omission of the mortgagor or for any other reason whatsoever.
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On the happening of any one or more of the events, the moneys for the time being
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owing on the security of these presents shall at the option of the mortgagee become
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immediately payable to the mortgagee and the mortgagee shall be entitled to any of
its rights and remedies in its discretion for realization of the mortgage debt and the
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decision of the mortgagee as to whether any one or more of the aforesaid

circumstances exist shall be conclusive and binding on the mortgagor.
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e) All the obligations of the Mortgagor and all the rights and remedies and powers
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of the Mortgagee under the law for the time being in force except so far as they be
expressly varied or may be inconsistent with these presents shall be deemed to be
incorporated in these presents. PROVIDED THAT the provision of Sections 61,
65A and 67A, respectively, of the Transfer of Property Act, 1882, shall not apply
to these presents or to the Mortgagor or the Mortgagee interest and this shall be
deemed a contract to the contrary for the purpose of these sections.

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f) The Mortgagor undertakes that all sums of moneys as may be awarded as

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compensation for any compulsory acquisition or requisition of all or any portion of
the mortgaged property would be receivable by the mortgagee directly on behalf of
the mortgagor for the adjustment of the amounts due under this mortgage and
further undertakes to execute any other document including a power of attorney in
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favour of the Mortgagee. Further the Mortgagor consent and confirm that in the
event of such monies in trust for and on behalf of the mortgagee and shall
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forthwith deposit the amounts with the mortgagee as per the directions of the
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mortgagee.
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5. All costs, charges and expenses (including the costs between Attorneys and
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Client) incurred by the Mortgagee for realisation and recovery of the mortgage
debt and/or interest shall be paid by the Mortgagor and be added to and shall form
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part of the Mortgage debt.

6. All payments made by the Mortgagor to the Mortgagee will first be appropriated
towards the interest that may be then due, costs, charges, expenses, if any, incurred
and the balance towards the principal sum.
7. The Mortgagor further agrees that all stamp duty, registration charges and
other out of pocket expenses for the execution and registration of this deed
and reconveyance deed shall be borne by the Mortgagor.

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IN WITNESS WHEREOF the Mortgagor has put his signature to this
Deed on the day and year hereinabove first written.

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THE SCHEDULE OF PROPERTY
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Survey No. Extent Village Taluk District Description Boundaries N E S
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SIGNED AND DELIVERED BY THE WITHINNAMED Mortgagor in

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the presence of the following Witnesses.

Signature of Mortgagor.
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Witnesses: 1) Signature 2) Signature

Name Name
Address Address
RELINQUISHMENT DEED

A Relinquishment deed is a legal document or formal process of

releasing a legal heir’s right in an inherited property for another legal

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heir. When a property is owned together by two or more people

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especially through inheritance, one the party may release ownership right
over the property in favor of another with or without consideration. The
legal document that is created by a release in favor of a release for the
purpose of realizing the former’s share of the property to the latter.
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IMPORTANT ELEMENTS OF THE RELINQUISHMENT DEED
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• Legal Document- It is a legal instrument, which an heir can leverage to

transfer his legal right of inherited property to another person.
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• Irrevocable- A deed cannot be canceled even if the deed was made in error.
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• Must be in writing- For relinquishment of immovable property, it is necessary

to be done through a written document and signed by the parties along with the
presence of at least two witnesses.
• Relinquishment deed must be registered: It is mandatory that a deed must be
registered under Section 17 of the 1908 Registration Act. The registration must be
done at the office of the Sub- Registrar as per the jurisdiction of the property.

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•

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Easy Process- The process of registering a deed is very simple and easy.

WHO CAN RELINQUISH A PROPERTY?

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The one who has the legal share in the property, whereas if there is more than one
legal heir, either of the legal heirs can do the relinquishment deed. For
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relinquishment of a property to be valid, it is necessary to comply with the
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essentials of a valid contract, except consideration.

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CONTENTS OF THE RELINQUISHMENT DEED

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The following contents should be included in a Relinquishment Deed:

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• Introduction of the title –In a deed, it must have an introduction with the
words “Relinquishment Deed or deed of Relinquishment” along with the date of
creation.
Stating the Releasors (Executants) - At the time of the drafting, it is importantto

state the Releasors or Executants. The Releasors is the person who makes the deed of
relinquishment along with full details such as full name, address, husband or wife’s name
should be mentioned. Executant is the direct legal heir to the inherited property.
• Stating the Releasee- the Releasee is the beneficiary person of a Releasor’s
rights, share, titles. At the time of the drafting the deed of relinquishment, it is
important to state the entire details of releases such as full name, address, husband
or wife’s name should be stated.

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• Description of the Property- A deed of relinquishment must state a full
description of the property also mentioned the last absolute owner of the property.
The description of the property should capture the entire details like address,

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registration and survey number and all the Sub- Registrar’s office details such as
office number, book number, volume number and the name of the office.
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• Purpose- It is important to state the exact purpose of the deed of

relinquishment in documents such as natural love and affection.
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• Details of the Heir-In the deed of relinquishment, the details of all the heirs
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who entitled that property should be clearly mentioned such as full name,
age, address and relationship to the deceased owner must be clearly outlined.
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• Signature- The deed of relinquishment must be signed by all the parties

along with the presence of at least two witnesses before the Sub- Registrar
office as per the jurisdiction of the property.

• Relinquishment- One of the important clause in the deed, In the statement

of the deed the executants should have mentioned that he releasing his
• shares in the favor of the release without any financial transaction. It should

be stated in the property’s description, once again, along with a declaration

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that the executant shall have no right in the property after the deed is

completed.

PROCESS &
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1. DRAFTING:
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The relinquishment deed has to be drafted with the help ofa legal
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professional who knows to incorporate every valid detail. The deed must

contain information pertaining to who relinquishes the property to whom,

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the description of the property, date of transfer, etc.

deed has to be drafted with the help ofa legal

professional who knows to incorporate every valid detail. The deed must

contain information pertaining to who relinquishes the property to whom,

the description of the property, date of transfer, etc.

2. REGISTRATION: According to Section 17 of Registration Act,
the Relinquishment Deed has to be registered before the Sub-registrar within
the jurisdiction where the property is located along with payment of
registration fee which shall depend upon which state law is applicable.
3. SIGNATURE: The deed has to be signed by witnesses and the party to

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make it valid. The parties must produce every relevant document along with

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the deed for verification purpose.

FORMAT OF RELINQUISHMENT DEED

This deed of relinquishment is made and executed on this day of

by

and
,

,
& (relationship)

_ of Late
of Late
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,residents of
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_,hereinafter called the EXECUTANTS/RELEASORS

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IN FAVOUR OF

_, (relationship) of Late _ _
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hereinafter called the Releasee. Whereas Late _, was a

subscriber under the National Pension System with PRAN
_. Whereas the said Late died intestate
and without nominating anyone to receive the claim for withdrawal of
accumulated pension wealth, leaving behind the following legal heirs:-
 Sr no Name Age Relationship Address

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B

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NOW THIS DEED WITNESSETH AS UNDER:

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The Executants/Releasers out of natural love and affection and without
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any monetary consideration, hereby wish to release and relinquish their
respective shares in the claim under National Pension System, in favour
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of , (relationship) of Late
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_, and hereby affirm and declare that they and their legal heirs shall have
no right, claim or interest in the said claim for withdrawal of
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accumulated pension wealth of Late

and same shall vest absolutely in the said ,
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_(relationship) of Late , the Releasee.

IN WITNESS WHEREOF the Executants/Releasers and the Releasee

have signed this deed of relinquishment on this day, month and year first
mentioned above in the presence of the following witnesses;-
(A- _) (B- ) (C- )

(Executants/Releaser)
Witnesses:

GIFT DEED

What is a Gift Deed?

A Gift Deed is a legal document that represents a transfer of gift from one person

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to another as per the provisions of the law. Gift Deed is a legally binding written

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document defined in Section 122 of the Transfer of Property Act, 1822, through
which the donor can transfer an existing movable or immovable property to the
donee voluntarily.

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A Gift Deed is valid only if it is given out of love and affection, without any
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consideration in return by one family member/ friend to another. Also, under
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Section 17 of the Registration Act, 1908, it is mandatory to have a registered Gift

Deed when you want to transfer immovable property.
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Important clauses in a Gift Deed

Being a very important legal document, there are certain things that you are
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required to mention in a Gift Deed. Some of them are –

• Consideration Clause – It should be clearly mentioned in the Gift Deed that
the transfer is being made out of love and affection and there is no exchange
of money or any other type of consideration is involved. It is irrelevant how
small the consideration is, it would not be considered as a gift.
• Possession of Property – The property you want to gift, must be in your
possession i.e. you must be the titleholder of that immovable property.
 While making a gift, the property must be in existence, you cannot gift
something that you might get in the future.
• Free Will – The transfer should be free from any type of coercion, undue

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influence, threat or fear. The gift should clearly state that the transfer is
voluntary and that the transferor has a clear intention of doing so.

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• Information about Property – A detailed description of the property is a
must. It should clearly specify the structure, address, color, area, location,
etc.
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• About Donor and Donee - The relationship between donor and donee is
important as to whether they are blood relatives or not. Some state
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governments also offer a concession on stamp duty if gifts are made to blood
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relatives.
• Rights and Liabilities – Under this clause, if any additional rights or
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liabilities are attached to the gift shall be mentioned. For example, any rights
relating to the further sale, or leasing it further.
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• Rights of Donee – A clear mention of Donee rights forms an inseparable

part of the Gift Deed. It includes the done rights to enjoy the property
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peacefully, to make changes to the property, receive rents or any profits that
might arise from that property.
• Delivery- A delivery clause talks about the action (express or implied)
which would confirm the delivery of the possession of the property.
• Revocation Clause – Though not mandatory, but advisable. It will help in
avoiding future complications. It has to be expressly mentioned, not implied.
And donor and donee both have to agree on this clause.

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Steps involved in the drafting of Gift Deed

A Gift Deed shall include the followings:

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STEP 1: Draft a deed with the following essentials.
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Date and Place where the deed is to be execute
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Information about Donor and Donee like Name, Residential Address,

Relationship among them, Date of Birth, etc.
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Details about the property Two

Witnesses
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Signatures of Donor and Donee along with the witnesses

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STEP 2: Get it printed on the stamp paper of appropriate value depending

upon your state

STEP 3: Get the deed registered at your registrar or sub-registrar office.

Documents required for Gift Deed registrations

After making sure that your Gift Deed is signed, attested by witnesses and

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you have paid the stamp duty and registration charges as per your state

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regulations. You need to carry a few other documents like –
• Original Gift Deed

• ID Proofs, like Driver License, Passport, etc.

• PAN Card
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• Aadhar Card
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• A document like Sale deed to prove donor title to the Property

• Other Agreements which you might have entered into in relation to property
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What type of properties can be gifted?

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Following properties can be gifted:

• A movable or immovable property

• An existing property

• A transferable property

• A tangible property
FORMAT OF GIFT DEED

This Gift deed is made and executed on this ……………….day of Month of

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………… of the Year …, at…………………………….

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Between

(Name) son/daughter/wife of (Father’s/Husband’s name), Age……Marital

Status………, (Profession), (Nationality), Resident of
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………………………………Having Aadhar card No… ...................... (hereinafter
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called the Donor) of the one part.
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AND
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(Name) son/daughter/wife of (Father’s/Husband’s name),, Age……Marital

Status………, (Professional Status), ( Nationality), Resident of

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………………………………Having Aadhar card No…………………

(hereinafter called the Donee 2) of the other part.

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The expressions of the DONOR PARTY No. 1 and the DONEE PARTY NO.2
shall mean and include their respective heirs, successors, executors, nominees,
assignees, administrators and legal representatives etc.
AND WHEREAS the DONOR PARTY NO.1 is the owner and in possession of
the property having been purchased/acquired vide registered sale deed as document
No……………………………, Addl. Book-I----, Vol. No…………pages ...to..., on
date ............................... duly regd. in the office of SR…,

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AND WHEREAS the above PROPERTY, more particularly described in
schedule herein below, is free from all sorts of encumbrances such as liens,
charges, claim, liabilities, acquisitions, injunctions or attachments from any Court
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of Law, gifts, mortgages, demands, notices, notifications, legal disputes,
difference, prior sale and flaws etc. etc. and the DONOR PARTY No.1 is fully
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entitled to dispose of the same.
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AND WHEREAS the DONOR PARTY NO.1 has great love and affection for the

DONEE PARTY No. 2 being HIS/HER (BLOOD

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RELATION)
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AND WHEREAS THE DONOR PARTY NO. 1 has agreed to Gift/Donate the
property described in Schedule herein below UNTO the DONEE PARTY NO.2
and the DONEE PARTY NO.2 have also agreed to accept the same.
NOW THIS GIFT DEED WITNESSETH AS UNDER:

(1) That the DONOR PARTY NO.1 does hereby donate/gift the

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property ,UNTO

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_ S/O, D/O, W/O

_, R/O,

on account of great love and affection for THEM being HIS/HER REAL
_ _ (Relation) &
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(2) The possession of the aforesaid PROPERTY UNDER DONATION/GIFT
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has been handed-over/ delivered to the DONEE PARTY NO2 by the

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DONOR PARTY NO.1

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(3) That the DONEE PARTY NO. 2 has now become the absolute and
exclusive Owner with all rights in the aforesaid PROPERTY UNDER
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DONATION/GIFT from today and shall also enjoy all rights of Ownership
etc. therein.
(4) The DONOR PARTY NO.1 has now been left with no right, title, interests
or liens etc. whatsoever of any sort/nature in the aforesaid PROPERTY
 UNDER DONATION/GIFT henceforth after the execution/ registration of
this GIFT DEED. The property in question is free from acquisition by the
Govt. nor by any other authority.

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(5) That the DONEE PARTY NO.2 with HIS/ HER own funds shall get the
PROPERTY UNDER DONATION/GIFT transferred/mutated in his favour
in the records of Rights of Revenue Department on the basis of this GIFT
DEED and Donor Party No. 1 hereby conveys his No Objection for the
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mutation of the property herein below mentioned under schedule, in the
name of the Donee (5) That the DONEE PARTY NO.2 has accepted the
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GIFT of the said PROPERTY UNDER DONATION / GIFT DEED and has
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also taken-over the possession of the same from the DONOR-PARTY NO.1.
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(6) That the market value of the above mentioned PROPERTY UNDER
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DONATION/GIFT has been assessed at Rs. (Rupees

_only), as per Notification published in Official
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Gazette, Series; No. . Dated:

(7) That all the expenses of the GIFT DEED such as Stamp Duty, and
registration Fees etc. have been borne and paid by the DONOR PARTY NO.
1. / DONEE PARTY NO 2.

(8) That all future taxes, cesses, rates or any other Govt. or Municipal dues and
 demands in respect of the above mentioned PROPERTY UNDER
DONATION/GIFT shall be borne and paid by the DONEE PARTY NO.2.

(9) That all the Title Deeds/papers including previous title deed (in originals)
relating to the Gifted PROPERTY, herein below mentioned UNDER

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DONATION/GIFT have been handed-over/delivered to the DONEE

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PARTY NO.2 by the DONOR PARTY NO.1
SCEHUDULE
(The complete description of the Property shall be stated here which should
include Survey Nos and Sub Division in case of Villages / Chalta Nos, P.T.
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Sheet Nos in case of Cities, Area, and Inscription/Description Nos along
with Matriz Nos if available) an boundaries of the Properties)
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East:
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West:
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North:

South:
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In witness whereof, the parties have signed and affixed their signatures
thumb mark on this Gift Deed after understanding the contents of the same
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on the day, month and year first above written in the presence of the below
mentioned witnesses.
1. Name and Signatures of Donor

2. Name and Signature of Donee

WITNESSES:-

1. Name, Address and Signature

2. Name, Address and Signature