FACULTY OF LAW

ALIGARH MUSLIM UNIVERSITY

CENTRE, MURSHIDABAD

The Register
Subject- Pleading, Drafting and Conveyancing

SUBMITTED TO
MR AKHLAQUL AZAM
Assistant Professor, Faculty of Law

SUBMITTED BY
MD. AADIL AKHALQUE
Roll no. - 17BALLB07
Enrolment no. – GI6476
9th Semester, B.A.LL.B. (Hons.)
CONTENTS
Page No.

UNIT-I
1) DRAFT A PLAINT AND WRITTEN STATEMENT FOR RECOVERY OF LOAN…………...…01
2) DRAFT A PLAINT AND WRITTEN STATEMENT FOR RENT AND EJECTMENT……………06

UNIT-II

1) MAKE A DRAFT FOR APPOINTMENT OF RECEIVER UNDER ORDER 40 OF CPC…………11

2) DRAFT A NOTICE FOR THE PAYMENT OF ARREARS AND TERMINATION OF TENANCY…13
3) DRAFT A CRIMINAL COMPLAINT………………………………………………………15
4) DRAFT A BAIL ON BAILABLE OFFENCE………………………………………………..17
5) DRAFT A BAIL IN CASE OF NON-BAILABLE OFFENCE WHEN ACCUSED IS ARRESTED OR
DETAINED…………………………………………………………………………….19
6) DRAFT FRAMING OF CHARGE…………………………………………………………21

UNIT-III

1) DRAFT A SALE DEED………………………………………………………………….22

2) DRAFT A SIMPLE MORTGAGE DEED…………………………………………………...24
3) DRAFT A WAKF DEED…………………………………………………………………26
4) DRAFT A GIFT DEED…………………………………………………………………..29
5) POWER OF ATTORNEY FOR APPOINTMENT OF ATTORNEY……………………………..30
6) DRAFT A GENERAL WILL……………………………………………………………...32
 UNIT-I

1) DRAFT A PLAINT AND WRITTEN STATEMENT FOR RECOVERY OF LOAN

A Hypothetical Problem (Recovery of Loan)

Afif and Aatif are residents of Khagaria. On dated 25/08/2018 Afif took loan from Aatif
amounting to Rs. 20 lakhs @8% interest per annum. According to loan agreement Afif has to pay
Rs. 8,000 to Aatif on 3rd of every month. For first five months Afif paid the instalment on time.
He made a default in the instalment of February 2020. And thereafter he never paid any
instalment.

a) Draft a plaint on behalf of Aatif for recovery of loan along with interest.
b) Draft a written statement on behalf of Afif.

1
PLAINT ON BEHALF OF AATIF

IN THE COURT OF CIVIL JUDGE JUNIOR DIVISION, KHAGARIA

O.S – NO- 126/2020
Aatif, S/o –Md Zubair,
Aged 25 years, R/o- Gogri, Khagaria Sadar…….………………………………....Plaintiff

v/s

Afif, S/o –Arif,

Aged 30 years, R/o- Gogri, Khagaria Sadar…………………………………..…...Defendant

The above-named plaintiff most humbly submits as under-

1. That, on dated 25/08/2018 defendant took sum of Rs. 20 lakhs from plaintiff by way of
loan.
2. That, it was agreed between the plaintiff and the defendant that the defendant shall pay
instalment of Rs. 8,000 on 3rd of every month. It was also agreed that the interest shall
be 8% per annum.
3. That, the defendant paid the instalment on time for first five months.
4. That, the defendant made a default in the payment on Feb, 2020.
5. That, thereafter the defendant never paid the instalment even on many requests.
6. That, the cause of action arose for the first time on Feb. 2020 when the defendant
defaulted the instalment and continued to arise till the date of filing the instant plaint.
7. That, the plaintiff and defendant resides at Gogri which comes within the territorial
jurisdiction of this Hon’ble Court.
8. That, the subject matter of the suit is of amount [Rs. 19.5 lakhs + 5lakhs + 50000 = 25
lakhs], which comes within the pecuniary jurisdiction of the Hon’ble Court.

Prayer
On the basis of the above facts, it is humbly prayed to the Hon’ble Court to pass the following
orders -:
i. That, the defendant may be directed to pay a sum of Rs.25 lakhs.
ii. Any other relief which the Hon’ble Court deems fit for the ends of justice.

2
Date- 1-09-2020 Counsel for Plaintiff
Place- Khagaria Md Aadil Akhlaque

Verification
I, Aatif, the above named plaintiff do hereby verify that the contents of the plaint are true and
best of my knowledge. The Hon’ble Court may thereby act as it thinks fit for the ends of justice.

Date- 1-09-2020 Counsel for Plaintiff

Place- Khagaria Md Aadil Akhlaque

3
WRITTEN STATEMENT ON BEHALF OF AFIF

IN THE COURT OF CIVIL JUDGE JUNIOR DIVISION, KHAGARIA

O.S – NO- 126/2020
Aatif, S/o –Md Zubair,
Aged 25 years, R/o- Gogri, Khagaria Sadar…….………………………………....Plaintiff

v/s

Afif, S/o –Arif,

Aged 30 years, R/o- Gogri, Khagaria Sadar…………..…………..……………..Defendant

Written Statement under Order.VII Rule.1 of C.P.C

The above named defendant most humbly replies as under- :

1. Paragraph 1, 2 & 3 is admitted.

2. Paragraph 4 is not admitted and specifically denied.
3. Paragraph 5 is not admitted.
4. Paragraph 6 is not admitted. (Additional plea)
5. Paragraph 7 is admitted. Additional Plea
6. That, with regards to paragraph 6, for payment of instalment of Feb.2020, due to the
outbreak of the COVID-19 Pandemic I had suffered huge loss in my business being
unable to fulfil the contractual obligations.
7. That, the government has recognized COVID-19 within the ambit of Sec 32(force-
majeure clause) of Indian Contract Act, 1872 and thereby I expect to recover due
compensation.
8. That, the defendant has always been willing to pay the agreed loan amount along with
the interest.
9. That, the defendant shall pay on the agreed terms if allotted some more time.
10. Therefore, the plaint may be dismissed with cost.

Date – 02-09-2020 Counsel for defendant

Place- Khagaria Aaquif Zubair

4
 Verification
I, Afif, the above named defendant do hereby verify that the contents of the plaint are true and
best of my knowledge. The Hon’ble Court may thereby act as it thinks fit for the ends of justice.

Date- 02-09-2020 Counsel for defendant

Place- Khagaria Aaquif Zubair

5
2) DRAFT A PLAINT AND WRITTEN STATEMENT FOR RENT AND EJECTMENT

A Hypothetical Problem- On Rent and Ejectment

Faizan became tenant of Aamir on dated 10/07/2018. A/c to agreement of tenancy Faizan was
to pay rent of Rs-10,000/month, to be paid on 3rd of every month. Default of 3 payments was
condition for ejectment. A/c to landlord, Faizan (tenant) did not pay rent from July, 2019. On
Aug.5, 2020 Aamir filed plaint for arrears of rent and ejectment of Faizan.

a) Draft a plaint on behalf of Aamir for arrears of rent and ejectment of Faizan.
b) Draft a Written Statement on behalf of Faizan.

6
PLAINT ON BEHALF OF AAMIR FOR ARREARS OF RENT AND EJECTMENT OF

FAIZAN

IN THE COURT OF DIST. JUDGE, HAJIPUR

OS No - 370/2020.
Aamir, Son of Aijaz Ahmad,
Aged 50 years R/o –Anwarpur east,
Hajipur…………………………………………….Plaintiff

v/s

Faizan, Son of Faiz mohd,

Aged 45 years R/o- Ram bala chowk,
Hajipur…………………………………………….Defendant

The about named plaintiff must humbly submit as under-:

1. That on dated 10/07/2018 the plaintiff became landlord of defendant (tenant)
2. That according to the agreement of tenancy the defendant (tenant) was to pay Rs
10000/- rent every month.
3. That the rent was to be paid latest by 3rd of every month.
4. That a/c to agreement of tenancy default of 3 months, payment shall result in ejectment
of tenancy ground.
5. That the defendant (tenant) has never paid rent from July, 2019.
6. That the cause of action in the instant suit for the first time arises on 03/07/2019 when
the defendant defaulted the 1st payment as agreed and continued to arise till filing of
this plaint.
7. That the plaintiff and defendant both reside in Hajipur which comes within the
territorial jurisdiction of this Hon`ble Court.
8. That the valuation of the subject math of the suit is as follows-:
i. Arrears of rent is 10,000 for 12 months = 1,20,000
ii. Interest on arrears of rent @ 25% = Rs. 10,000
iii. Cost the suit = Rs. 10,000

7
Hence, total Amount =Rs.1,40,000 which comes within pecuniary Jurisdiction of this Hon'ble
Court.

Prayer
On the basis of the above facts, it is humbly preyed before the Hon'ble Cont to pass the
following orders -
i. That defendant may be directed to pay Rs 140,000
ii. That defendant may be directed to leave the tenanted building within 3 months
iii. Or any order as the Court thinks fit for the ends of justice.

Date- 03/07/2019 Counsel for Plaintiff

Place-Hajipur, Bihar Md Aadil Akhlaque

Verification
I, Aamir the above named plaintiff do hereby verify that the contents of the plaint are true and
best of my knowledge. The Hon’ble Court may thereby act as it thinks fit for the ends of justice.

Date- 03/07/2019 Counsel for Plaintiff

Place-Hajipur, Bihar Md Aadil Akhlaque

8
WRITTEN STATEMENT ON BEHALF OF FAIZAN

IN THE COURT OF DIST. JUDGE, HAJIPUR

OS No - 370/2020.
Aamir, Son of Aijaz Ahmad,
aged 50 years R/o –Anwarpur east, Hajipur…………………………………………….Plaintiff

v/s

Faizan, Son of Faiz mohd,

aged 45 years R/o- Ram bala chowk,
Hajipur…………………………………………….Defendant

Written Statement under O. VIII, R.1/ on behalf of defendant-

1. Para 1 of the plaint is admitted.
2. Para 2 of the plaint is admitted.
3. Para 3 of the plaint is admitted
4. Para 4 of the plaint is admitted
5. Para 5 of the plaint is not admitted and specifically denied.
6. Para 6 of the plaint is not admitted and specifically denied.
7. Para 7 of the plaint related to territorial jurisdiction is admitted.
8. Para 8 of the plaint is not admitted and specifically denied.

Additional Plea
9. The defendant has always paid the agreed rent but after July 2019, however the receipt
was misplaced during flood.
10. The plaintiff was out of station and the money was received by the family members of
the plaintiff who promised give the receipt after the plaintiff comes back.
11. On arrival of the plaintiff, defendant on many occasions asked plaintiff for receipt but
he kept on postponing but never handed over.
12. That the plaint be dismissed accordingly with cost.

9
Date- 03/07/2019 Counsel for defendant
Place- Hajipur, Bihar Zahid Zubair

Verification
I, Faizan the above named defendant do hereby verify that the contents of the plaint are true
and best of my knowledge. The Hon’ble Court may thereby act as it thinks fit for the ends of
justice.

Date- 03/07/2019 Counsel for defendant

Place- Hajipur, Bihar Zahid Zubair

10
 UNIT-II

1) MAKE A DRAFT FOR APPOINTMENT OF RECEIVER UNDER ORDER 40 OF CPC

APPOINTMENT OF RECEIVER

IN THE COURT OF CIVIL JUDGE SR. DIV, HAJIPUR

APPLICATION NO. 75/2020
In
OS No.370/2019
Fardin s/o Shahnawaz Aged 25 years, r/o 0323D Yadav chowk,
Hajipur………………….Plaintiff
Versus
Areeb s/o Jamal Aged 30, r/o 441E Yadav chowk, Hajipur...…………………….Defendant

APPLICATION FOR APPOINTMENT OF RECEIVER UNDER ORDER40 RULE1

1. That the applicant/Plaintiff has filed a suit for, Mortgage and sale of defendant’s
property in this Hon’ble Court.
2. That the defendant has intentionally damaged the suit property for diminishing the
value of the property marked as Annexure-I
3. It is therefore humbly prayed that a Receiver may be appointed over the property in
question/ Suit Property and he be given the possession of the property and right to
maintain the property till final disposal of the suit.

Date -14/01/2020 Applicant

Place - Hajipur Fardin

11
 Affidavit
I, Fardin s/o Shahnawaz Aged 25 years, r/o 0323D Yadav chowk, Hajipur do hereby solemnly
declare and affirm on oath as under:
a. That the suit property requires urgent appointment of Receiver and the same may be
appointed.
b. That the Receiver may be given possession of property for maintenance.

Date -14/01/2020 Deponent for Applicant

Place - Hajipur Faizan Ansari

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2) DRAFT A NOTICE FOR THE PAYMENT OF ARREARS AND TERMINATION OF TENANCY

NOTICE FOR THE PAYMENT OF ARREARS AND TERMINATION OF TENANCY

From Nasir, s/o Aijaz Ahmad R/o – Batla house South West Delhi, New Delhi.
Through, Aadil, Advocate, Chamber No 44, South West Delhi Civil Court
To Sabeeh, s/o – Faiz mohd R/o - Zakir nagar South West Delhi

Dear Sir,

My client Mr. Nasir, s/o Aijaz Ahmad has authorized me to give you notice, the same as
follows-
1. That my client is the owner and Landlord of building no. 44 (Annexure I) at Zakir Nagar
in which you are living as a tenant since august 2015.
2. That as per the rent agreement with my client you are required to pay Rs.7500/day on
1st day of every month.
3. That you have not paid rent for the last 8 months.
4. That the daughter of my client shifted with her children to live with my client increasing
the family members resulting in shortage of accommodation.
5. That my client has bona-fide requirement of rented building.
6. That my client has decided not to keep you as tenant and thereby your tenancy stands
terminated from 30 day after saving the notice.

So, through this notice you are called upon to pay arrears of Rs. 60,000/-@ interest rate 3.6%
Per annum within 30 days of receipt of this notice and handover peaceful vacant possession of
the building to my client failing which my client shall file eviction suit in competent court and
you will be liable to pay cost and compensation.
Please also pay Rs.1600/- for giving the notice.

Date- 09/11/2020 Your Sincerely

Place- Zakir nagar South West Delhi Aadil, Advocate

13
(Annexure I)
Building No.- 44
South- Lakshmi Cheat Fund
North- Badi Durga Mandir
East – Main Road
West- Big Bazar Mall

14
3) DRAFT A CRIMINAL COMPLAINT

CRIMINAL COMPLAINT

A Hypothetical Problem (Criminal Complaint)

Monu and Golu are neighbours. They had strained relation over a common passage. Golu had
built his house over a drainage system which blocked the rainy water and caused unwanted
flood like situation. Aggrieved by this condition on 28/10/2020 Monu along with Rana and
Suraj came at the house of Golu with Gadasi (a sharp edged weapon) and started abusing
Golu. When Golu objected Rana and Suraj caught hold of Golu and Monu Attacked Golu with
Gadasi. Draft a Criminal Complaint on behalf of Golu.

IN THE COURT OF JUDICIAL MAGISTRATE 1ST CLASS,

ALIGARH CRIMINAL COMPLAINT NO. 13/2020

Golu, aged 45 yrs, s/o- Lila R/O- Shamshad……………………………………...Complainant

vs
Monu, aged 46 yrs, s/o-Vishal R/O- Shamshad……………………………………..Accused 1
Rana, aged 49 yrs, s/o-Rudra R/O- Shamshad………………………………………Accused 2
Suraj, aged 42 yrs, s/o-Daizy R/O- Shamshad………………………………………Accused 3

Police Station: Civil lines

Offences Under: SS 325, 326, 442, 504, 506 r/w-34 IPC Sir/Madam
The above-mentioned complainant most respectfully submits as under:
1. That the Accused No.1 and the Complainant are neighbors residing in Shamshad.
2. That the relation between Accused No.1 and Complainant was strained due to land
dispute
3. That on 28/10/2020 Accused No.1 came along with Accused No.2 and Accused No.3
in the house of Complainant with Gadasi in his hand
4. That the Accused No.1 started abusing the Complainant and when the Complainant
objected, Accused No.2 and Accused No.3 caught hold of him and Accused No.1 stated

15
 beating the complainant on his shoulder, back and face.
5. That as result of attack the Complainant started bleeding and thereafter he was taken to
hospital for treatment.
6. That as result of attack the complainant had stiches on his shoulder and back. He also
got his jaw broken.
7. That the evidence on which the complainant relies are attached along with the
Complaint marked as Exhibit-I

Prayer
The Complainant humbly prays before the Hon’ble court to take cognizance of the offence so
that the accused may be dealt with according to Law.
Date -29/10/2020 Complainant
Place -Aligarh Counsel of Complainant

Exhibit-I
1. Medical Record/ Certification
2. Personal testimony

16
4) DRAFT A BAIL ON BAILABLE OFFENCE

BAIL (BAILABLE OFFENCE)

A Hypothetical Problem
Shahjahan has caused injuries to Mojibur by rash driving on a public way. Shahjahan is
arrested. Draft a Bail application on behalf of Shahjahan.

IN THE COURT OF JUDICIAL MAGISTRATE 1ST CLASS, KHAGARIA

CRIMINAL MISCELLANEOUS NO.45/2020
In
Criminal Complaint No. 434/2019

Fakruddin…………………………………………………………………….……Complainant
vs
Mashoor……………………………………………………………………………......Accused

Police Station: Jamalpur Offence under: Section 279 IPC

Bail Application under Section 436 Cr.P.C

The above-mention Accused, Mashoor, aged 25 yrs, s/o- Quddus R/O- Gogri, most humbly
submits as under:
1. That the accused was arrested by the police on dated 1/01/2020 on charges of rash
driving on a public way resulting to injury to the Complainant on basis of Criminal
Complaint No.434/2019.
2. That the petitioner is accused and detained for offence under section 279 IPC which is
a bailable offence.
3. That the accused is in police custody since his arrest.
4. That the accused had strained relation with the complainant at Dhaba and on the date
of incidence the complainant came in front of the bike all of a sudden. The complainant
falsely with a malafide intention filed the criminal complaint to harass the accused.
5. That the accused is innocent and law-abiding citizen.

17
6. That the offence alleged is bailable offence and the petitioner is ready to submit bail
bond and surety up to the satisfaction of the court.
7. That the accused shall abide by the conditions of bail.

It is therefore, humbly prayed to the Hon’ble Court to grant bail and pleases to release the
accused till final disposal of the case.

Date - 05/01/2020 Accused

Place - Gogri Counsel for Accused

18
5) DRAFT A BAIL IN CASE OF NON-BAILABLE OFFENCE WHEN ACCUSED IS ARRESTED OR
DETAINED.

BAIL (NON-BAILABLE OFFENCE)

A Hypothetical Problem
Mr. Amir is accused of Adulteration of drug. He has been arrested. Draft a bail application
on behalf of Mr. Amir.

IN THE COURT OF ADDITIONAL DISTRICT AND SESSION JUDGE, KHAGARIA

Criminal Miscellaneous No. 786/2020
In
Criminal Case No. 258/2019

State…………………………………………………………………………….…..Prosecution
vs
Mr. Amir……………………………………………………………………………….Accused

FIR No. 258/2019

Police Station: Civil Lines Offence Under: Section 274 IPC

Bail petition under section 437 of Code of Criminal Procedure 1973

The above-named Petitioner most respectfully submits as under:

1. That on dated 14/10/2019 Arham, was found lying dead in his bathroom.
2. The informant Arif, son of Atif, deceased lodged FIR no. 258/2019 on 24/10/2019
against the Petitioner/Accused for causing death by providing noxious consumption of
adulterated drugs (in the name of immunity booster capsules) prepared in his laboratory.
3. That the informant had developed a strained relation with the accused/petitioner at the
gymnasium. After then on many occasions the informant Arif and the Petitioner had

19
 quarrel with each other.
4. That the Informant with the help of police falsely implicated the accused/petitioner.
5. That the Accused/Petitioner is in police custody since 24/01/2020.
6. That this is the first bail application of the accused and no bail petition is pending either
in this court or any other court.
7. That the Petitioner/accused is innocent, law abiding citizen and peace loving.
8. That the Petitioner is sole bread earner of his family of 8 members.
9. That the Petitioner/accused is suffering from problem of blood pressure and requires
regular medical treatment which is not possible in the prison.
10. That the antecedents/past of the petitioner has been very good and he has no past
criminal record.
11. That the Petitioner/accused shall abide by the conditions of bail and conditions
mentioned under section 437(3) CRPC and other conditions as may be imposed by the
court.
12. That the Petitioner/accused will not flee from justice or go anywhere without
permission of police/court.
13. That the petitioner/accused shall not tamper with prosecution witness or influence them.
14. That the petitioner/accused shall make himselfavailable to
investigating agencies as and when required
15. That the petitioner/accused is ready to furnish bail bond up to the satisfaction of court.

It is therefore prayed to the Hon’ble court to grant bail to the Petitioner/accused for the ends of
Justice.
The Petitioner shall ever pray and duty bound.

Date-28/01/2020 Petitioner
Counsel for Petitioner

20
6) DRAFT FRAMING OF CHARGE

FRAMING OF CHARGE

I, Aadil, Presiding officer, Court of Judicial Magistrate First Class, Khagaria, do hereby charge
you “Zaid" as follows:
1. On section 380: That on dated 11/01/2020 at 8:00pm you went in the house of Zahid
without any permission for the same, forcefully and stole jewelries worth Rs.10 lac and
money amounting to Rs. 5 lac and thereby committing an offence of theft defined under
section 378 Indian Penal Code 1860 and Punishable under section 380 Indian Penal
Code 1860 and within cognizance of this court
2. On Section 448: Secondly, that on dated 11/01/2020 at 8:00 pm you went in the house
of Zahid without any permission for the same, forcefully and thereby committed
offence of House Trespass defined under section 442 Indian Penal Code 1860 and
Punishable under section 448 Indian Penal Code 1860 and within cognizance of this
court
3. And, I hereby direct that you be tried by the said court on the said charges

Note: The charges have been read and explained to the accused who pleads not guilty.
Sign and Seal
Magistrate/Presiding Officer
Judicial Magistrate First Class

21
 UNIT-III
1) DRAFT A SALE DEED

SALE DEED

IMMOVABLE PROPERTY UNDER SEC 54 TPA

This sale deed is executed by Mr. Aasif, s/o- Mr. Akhlaque r/o- Rahamganj Prayagraj,
(Hereinafter referred as Vendor) in favour of Mr. Farman, s/o- Mr. Parwez, r/o- S N Marg,
Prayagraj (Hereinafter referred as vendee), on this day of 23rd November, 2020

a) WHEREAS the vendor herein has been in exclusive possession and enjoyment of the
property described in schedule constructed by the vendor out of his self-earned income
b) WHEREAS the Vendor is the exclusive owner of the said property and has absolute
right to dispose of the same in the manner he requires
c) AND WHEREAS the Vendor is in need of funds in order to buy another property of
greater value and has decided to sell the property for a Sum of Rs. 55 Lacks, and the Vendee
herein has also agreed to purchase the said property on the said price

NOW THIS DEED OF SALE WITNESSETH:

THAT in pursuance of the aforesaid agreement and consideration of sum of Rs. 55 lacks
received by the Vendor in cash and the receipt of the said amount, the VENDOR do hereby
admit, acknowledge, acquit, release and discharge the VENDEE from making further payment
thereof and the VENDOR do hereby sell, convey, transfer and assigns to the use of the
VENDEE, the property described in schedule together with the waterways, easement and all
estates, rights, title and interest of the VENDOR to and upon the said property TO HAVE AND
TO HOLD the said property hereby conveyed unto the VENDEE absolutely and forever.

WHERE THE VENDOR DO HEREBY CONVENANT WTH VENDEE AS FOLLOWS:

1. That the property described in the schedule hereunder shall be quietly and peacefully
entered into and held and enjoyed by the VENDEE without any interference from the
VENDOR or any person claiming through or under him.

22
2. That the VENDOR has absolute right, title and full power to sell, convey and transfer
unto the VENDEE by way of absolute sale
3. That the property is not subjected to any encumbrances, mortgage, charge, lien,
attachment, claim, demand, acquisition proceeding by government or any kind
whatsoever.
4. That the VENDOR hereby declares with the VENDEE that the VENDOR has paid all
the taxes, rates and other outgoing dues to local bodies

SCHEDULE OF PROPERTY
Building Plot No.84/3-prayagraj
1.25 Acre areas, South: Flat No. 85
North: Main Road West: Vendor’s Shops East: Rahamganj

IN THE WITNESS WHEREOFF the VENDOR and the VENDEE have set their signature on
the 23rd Day of November 2020

WITNESS
1. Mr. Aasif Vendor
2. Mr. Farman Vendee

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2) DRAFT A SIMPLE MORTGAGE DEED

SIMPLE MORTGAGE DEED

1. This Deed of simple mortgage executed on 27th day of November 2020 at 10:00am by
Aatif, s/o- Zubair, r/o- Gogri, Khagaria (hereinafter referred as Mortgagor) in favour of
Mojibur, s/o-Arif, r/o- Khusropur, Khagaria (hereinafter referred as Mortgagee), the
term Mortgagor and Mortgagee meaning and including his heirs, executors,
administrators and legal representatives and assigns witness as follows:
2. Whereas the mortgagor is the absolute owner of the property fully described in the
schedule hereto
3. Whereas the mortgagor is in urgent need of funds, whereas the mortgagor approached
the mortgagee for a loan of Rs. 5 lakh, whereas the mortgagee has consented for the
same
4. Now this deed of first simple mortgage witness that in consideration of the premises
and in further consideration of the sum of Rs. 5 lakh paid by the mortgagee to the
mortgagor, the receipt of which sum in manner aforesaid the mortgagor do hereby
acknowledge, the mortgagor do hereby transfer, convey and assign unto the mortgagee
as and by way of first simple mortgage, all property described in the schedule hereto
subject to the following terms and conditions:
5. To repay the Principal sum on demand
6. In the meanwhile, to pay interest @15% per annum
7. In the event of death of the mortgagor failing to pay the principal sum and interest or
amount due under the mortgage on demand, the mortgagee shall have right of sue for
recovery of the said amount and if needed to have the property sold in the said
proceeding for the due realisation of mortgage dues

8. During the subsistence of the mortgage, the mortgagor shall pay all public dues and
taxes accruing due in respect of the mortgage property and shall not allow the same to
be proceeded against for recovery such dues and taxes. If the mortgagee has to spend
money to save the property from being sold for the recovery of said dues, such money
shall be deemed and treated as Principal amount, and recovered as such
9. During the subsistence of the mortgage, the mortgagor shall keep the property

24
 mortgaged in good condition and shall not commit any act which is destructive or
injurious thereto as to cause the security to become insufficient

The mortgagor doth assure the mortgagee that save the mortgage in favour of Mortgagee to
secure a sum of Rs. 5 lakh under deed of first simple mortgage. Dated 28/11/2020 and there
are now no other encumbrances subsisting on the mortgage property
The mortgagor doth also assure the mortgagee that he shall continue to pay the interest due on
the first mortgage without any default and shall not render any act, deed or anything whereby
the mortgage property will become insufficient security

Witnesses

1. Sabeeh Ahmad Mortgagor

2. Abdullah sarkar Mortgagee

25
3) DRAFT A WAKF DEED

WAKF DEED

To all to whom these presents shall come, I Umme kulssom wife of Dr. Afif Ahmad a Muslim
by faith and religion governed by sunni school of Muslim Law etc. send greeting whereas I am
of my free will and own accord desirous of permanently dedicating my properties, movable
and immovable, fully mentioned and described in the schedule hereunder written for purposes
recognised by the Mahomedan Law as religious, pious and/or charitable. I hereby declare as
follows:

1. I dedicate all the properties mentioned and described in the schedule hereunder written
with all appurtenances and the rents, issues and profits thereof absolutely and
permanently by way of wakf for the purposes as aforesaid with intent to extinguish all
my rights and claim therein and vest the same in God and complete the same by delivery
of possession to the mutawalli in the manner hereinafter mentioned.
2. The ultimate benefit under this wakf is reserved for purposes and objects recognised by
the Hanafi or Sunni School of Muslim Law as religious, pious and/or charitable and
indicated in the paragraph next succeeding.
3. The purposes and objects referred to in the last preceding paragraph are inter alia as
follows:
a. The payment or my just debts.
b. The maintenance and support of myself and my family
c. The distribution of alms to poor and indigent persons on every Thursday in the
week the amount or value of such weekly alms not to be less than Rupees 1000/-
d. The observance of the tenth day of Mohurrum by distribution of milk and other
food.
e. The celebration of ceremonies known as Mound Shariff.
f. To help poor and meritorious students professing Islam faith and reading in any
recognised institution.
g. The performance of the annual fateha of myself after my death and of my
husband after his death and the members of other relatives.
h. Other religious, pious and/or charitable purposes as may be thought fit by the

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 mutawalli from time to time or a court of law including pecuniary reliefs or
assistance to indigent members of my family.
4. The moneys which may be realized by execution of the decrees in the suits mentioned
in the said schedule hereto shall, after payment therefrom of my debts, be invested in
landed properties and such landed properties shall form a part of the estate hereby made
wakf estate.
5. Out of the income of the said wakf estate the said amount/money shall each receive a
monthly sum of not more than Rs 2500/-only for the benefit of themselves and their
respective families and descendants. As regards the respective amounts to be spent for
the other purposes aforesaid, the mutawalli or mutawallis for the time being shall have
absolute discretion.
6. For the appointment of mutawalli, the following rules are laid down:
a. I shall be the mutawalli for my life.
b. After my death Sri Aatif and Aaquif sons of Zubair Ahmad shall be joint
mutawallis and each of them shall be at liberty to appoint one of his or her lineal
male descendants as his or her successor failing which each shall be succeeded
by his or her eldest lineal male descendant. All the mutawallis for the time being
and each of them shall have the power of appointing there, his or her successors
or successor.
7. The mutawalli or mutawallis for the time being (jointly if there are more than one) shall,
as and by way of remuneration, be entitled to receive jointly one-fourth part of the net
income of the wakf estate and to retain all expenses of management including the costs
of all necessary litigations.
8. Notwithstanding anything herein contained, no mutawalli will directly or indirectly
grant or extend any benefit out of the wakf estate to my or any descendants of theirs.
9. In cases of necessity and for the benefit of the wakf estate, the mutawalli or mutawallis
for the time being shall after obtaining sanction of the Wakf Board Constituted under
the Wakf Act 1995 and in accordance with its directions, be at liberty, to sell, mortgage,
transfer, alienate, partition and/or demise the wakf properties mentioned in the said
schedule hereto or any part thereof and to invest the moneys thereby raised and in the
event of such sale, mortgage, transfer, alienation, partition and/or lease the proceeds
thereof as well as such investments shall form part of the wakf estate but no purchaser,
mortgagee, transferee, alienee, co-sharer or lessee of the said properties shall be
concerned to enquire whether the respective sales, mortgages, transfers, alienations,

27
 partition or leases are necessary for or beneficial to the wakf estate or to see to the
application of the proceeds thereof.
10. The dedication hereby made will bind my heirs, executors and representatives.
11. The properties hereby dedicated are valued at Rs- 10 lacks.

The Schedule above referred to Part I Part II

In witness whereof the said Waqf has executed these presents on this 28th day of November
2020 at Gogri, Khagaria.

Signed, sealed and delivered by Rahim (Waqif) in the presence of: Witnesses:
1. Faizan Ahmad Signature
2. Aamir ejaz (Name)
3. Sabeeh Ahmad

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4) DRAFT A GIFT DEED

GIFT DEED

1. This deed of gift is executed on 27th day of November 2020 at 11:00 am by Ariz zubair,
s/o- zubair ahmad, aged 24 years, r/o- Anwarpur, Hazipur, Bihar (hereinafter referred
as Settlor/Donor) to and in favour of Dr. Afif Ahmad, aged 22 years, s/o- Mohd arif,
r/o- Anwarpur, Hajipur (hereinafter referred as Settlee/Donee) meaning and including
their heirs, executors, administrators, legal representatives and assignees witnesseth.
2. Whereas the Settlor/Donor herein is the sole and absolute owner of the property fully
described in the schedule, whereas the Settle/Donee is the second cousin and he needs
residence, whereas the Settlor/Donor thus desires to gift his property described in the
schedule
3. Now, this deed of settlement witnesseth that in consideration of natural love and
affection towards the donee/Settlee, the Settlor/Donor do hereby transfer, convey and
assigns as and by way of absolute gift unto the Settlee/Donee, the Property described
in the schedule.
4. The Settlor on this day put the Settlee in vacant possession of the said property/ in
constructive possession of the said property-

In witness whereof the Donor and the Donee set their hands and seals on this day of 27th
November 2020 written and in presence of witnesses:

a) Aatif, s/o Zubair Alam-Y. R/o-Hajipur Donor/Settlor

b) Furqan, s/o-Firdaush, r/o- Hajipur Donee/Settlee

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5) POWER OF ATTORNEY FOR APPOINTMENT OF ATTORNEY

POWER OF ATTORNEY FOR APPOINTMENT OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS THAT/ BY THIS POWER OF ATTORNEY

I, Mukhtar Ahmad, s/o- Haroon Rasheed, r/o- Sakarugarh, Barharwa, appoint Sarfaraz adil,
s/o- Mehboob, r/o- Sakarugarh, Barharwa my attorney in my name and on my behalf to execute
or to do all or any of the acts or things hereinafter mentioned, that is to say-
1. To appear and act in all the Courts, civil, revenue or criminal, whether original or
appellate, or in Registration office and in any other office of government or District
Board or other authority
2. To sign and verify plaints, written statements, petitions of claims and objections,
memorandum of appeal and application of all kinds and file them in any such court or
office
3. To appoint any advocate
4. To compromise, compound or withdraw case, to confess judgments and to refer cases
to arbitration
5. To obtain refund of stamp duty on payment of court fee
6. To take delivery or possession of property in execution of decree
7. To collect rents from tenants
8. To grant lease of my house property and agricultural land
9. To apply to court for possession of copies or documents
10. To accept service of summons, notice or writs issued by any court against me
11. Generally to do all lawful acts necessary for above-mentioned purpose Provided that
the power conferred shall not extend to:
a. Granting of an agricultural lease for a term over 2 years
b. Granting lease of house property for period exceeding 3 years
c. Borrowing any money or any property or creating any charge thereon
AND I hereby agree, that all acts, deeds and things lawfully done by my said attorney shall be
construed as act, deeds, things done by me and I undertake to ratify, confirm all and whatsoever
that my said attorney shall lawfully do or cause to be done for me by virtue of the power hereby
given.

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IN WITNESS hereof, I have signed this deed on this 29th day of November. 2020
Witnesses

Afif s/o-Haroon Rasheed-, r/o- Sakarugarh

Afsar s/o-Ghalib-, r/o- Sakarugarh Executant

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6) DRAFT A GENERAL WILL

GENERAL WILL

WILL made on 29th day of November 2020 by Sri. Aatif, s/o- late Zubair, aged 80 years, r/o-
Sakarugarh, Barharwa (hereinafter referred as Testator) which expression where the context so
admits shall mean and include his heirs, executor and administrator of the one part, to and in
favour of “Sewa Dumka Society, Barharwa, a society registered under Societies Registration
Act (hereinafter referred as Legatee).
I appoint (1) my wife X (2) my Brother Y to be executor and trustees of my will for the brevity’s
sake I am referring to them herein as “My Trustee”.

I declare that shares, securities, bank account, fixed deposits and other monies which shall
stands at the date of my death in the joint names of myself and my wife X, my name standing
first in respect thereof belong to me absolutely and shall form part of my estates on my death,
the name of my wife X having been added there for the sake of Facility only.

However shares, securities, bank account, fixed deposits and other monies which shall stands
at the date of my death in the joint names of myself and my wife X, my wife name standing
first in respect thereof shall belong to her absolutely and shall form part of her own property,
my name having been added there for the sake of Facility only.

I direct my trustee to spend a sum not exceeding Rs. 6000/- for my funeral and obsequies
ceremonies. No account shall be demanded from my trustee in respect of such expenses. I direct
my trustee to recover all my assets and out-standings to pay out of my estates all my debts.
Testamentary and other expenses payable in respect of my death.

I give, bequeath and devise all my property, both movable and immovable whatsoever nature
and kind and where so ever situates (hereinafter referred as my residuary estate) into the
Legatee.

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IN WITNESSES WHEREOF
The Will is made and signed by the Testator on the said date and each of us has in presence of
the testator signed our name herein-under as an attesting witness

Witnesses
a) Faizan Ahmad s/o- Furqan Ali, r/o- Barharwa Testator
b) Aamir, s/o- Aizaz Ahmad, r/o- Barharwa

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