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1.

Petition for divorce by mutual consent


2. Draft a power of attorney from husband to wife for selling a flat.
3. Draft a notice in case of dishonor of a cheque.
4. Draft an affidavit for loss of std 10th marksheet submitted for college admission.
5. Draft a notice - reply by a builder to a flat purchaser.
6. Types of writ and Draft a Writ
7. Draft a petition for divorce by mutual consent on the grounds of cruelty.
8. Draft a will/codicil/ probate of will
SHORT NOTES
1. Beginning part of a lease deed
2. Recitals of Lease Deed
3. Schedule of property
7. Testimonium clause
8. Execution and signing clause

1. Petition for divorce by mutual consent


● In case of divorce by mutual consent, the mere filing of such a petition does
not authorize the court to pass a decree for divorce. There is a period of
waiting from 6 to 18 months. This period is intended to give time and
opportunity to the parties to think upon their move.
● A party to the petition can unilaterally withdraw the consent, the mutual
consent contemplated by the section must continue till divorce decree is
passed in the case.
● Section 13B(2): Cooling off period—The object is to enable the parties to
dissolve marriage by consent if marriage has irretrievably broken down to
enable the parties to rehabilitate as per available options.
● The Objective of the cooling-off period of six months before grant of decree
of divorce is to safeguard against hurried decision if there is possibility of
reconciliation. The object is not to perpetuate purposeless marriage or to
prolong agony of parties where there are no chances of reconciliation.

Specimen
IN THE COURT OF FAMILY JUDGE, ___________ (PLACE)
AT ________ (PLACE)
M.P. NO.________ /20____
Name-
Age-
Occupation-
R/a at - …..Petitioner 1
And
Name-
Age-
Occupation-
R/a at - …..Petitioner 2

Petition for divorce by mutual consent under section 13B(1) of The Hindu
Marriage Act, 1955

The Petitioners above-named most respectfully submit as under:—

(1) That the Petitioner No. 1 and Petitioner No. 2 got married on __________date
at _________(Place) according to the Hindu Vedic rites and ceremonies.
(2) That after the marriage was solemnized between the parties they cohabited and
resided together for 1 year at _________ (Place). No child was born out of
wedlock.
(3) The maiden name of the petitioner No. 2 is ____________ and after marriage
her name is ____________.
(4) The petitioners submit that the parties to the petition could not get along due to
temperamental differences and life-style differences. Thus the parties are living
separately from ___________ date and have also not cohabited since then.
(5) That the parties to this petition have amicably agreed to dissolve their marital
tie by mutual consent. Hence the present petition.
(6) That the parties further submit that, the Petitioner No. 1 has agreed to pay and
shall pay an amount of Rs. _______ (Rupees ________________) to the Petitioner
No. 2 towards one time maintenance and thereafter no claim shall be made by the
Petitioner No. 2 against the Petitioner No. 1.
(7) That the parties hereby declare that, this mutual consent petition is presented
and executed by them out of their free-will and is not actuated by any force, fraud,
or undue influence etc.
(8) That the petitioners submit that, there is no collusion or connivance in
presenting the said petition.
(9) That there is no legal impediment in granting the petition.
(10) That the appropriate court fee stamp is paid herewith.
(11) That the marriage between the parties was solemnized at ______ (Place) and
they last resided together as husband & wife at ______ (Place) therefore this
Hon’ble court has jurisdiction to entertain, try and decide the present petition.
(12) It is, therefore, most humbly prayed as under—
(i) That the marriage between the parties may please be dissolved by a
decree for divorce by mutual consent under section 13B(1) of the Hindu
Marriage Act, 1955.
(ii) That any other relief(s) which this court may deem fit and proper under
the circumstances of the case may be passed in favour of petitioners.
An affidavit in support is filed herewith
Place________ Petitioner No. 1
Date ________ Petitioner No. 2.

Verification
The petitioners above-named, residing at __________ and _________ do hereby
solemnly declare and state that whatever is stated in Paragraph 1 to Paragraph 12 is
true and correct to the best of the knowledge & belief of these petitioners.
Verified at _________(Place) on this _______ day of _________ 20____.
Petitioner No. 1
Petitioner No. 2

2. Draft a power of attorney from husband to wife for selling a flat.

POWER OF ATTORNEY TO EXECUTE A DEED OF SALE

TO ALL TO WHOM THESE PRESENTS SHALL COME


I Mr. …………..... residing at ………... send Greetings -
WHEREAS I have agreed to sell my property situated at ……….... and which is
more particularly described in the Schedule hereunder written, by an agreement for
sale dated ………………… entered into with Mr. .…………..
AND WHEREAS the sale Is expected to be completed within a short time but as I
am leaving India soon and will be out of India for a long time I will be unable to
attend at the completion of the sale and to execute the said Deed of Conveyance
and other required documents.
AND WHEREAS I, therefore propose to appoint my wife Mrs. …………………...
as my true and lawful attorney with full power to do and execute the following
acts, deeds and things which she has agreed to do.

NOW KNOW YOU ALL AND THESE PRESENT WITNESSES


That I, Mr. ………………..... hereby appoint and constitute Mrs.
…………………. to be my true and lawful attorney or agent with full authority or
power to do and execute the following acts, deeds and things in my name, on my
behalf and for me viz..
1) On or at the time of completion of the sale of the said property, to execute the
Deed of Conveyance in terms of the draft approved by my advocate in favour of
the said Purchaser or his nominee.
2) To receive the sale price payable by the Purchaser under the said agreement and
to pass a valid receipt for the same.
3) To sign the necessary transfer forms for transferring the said property to the
name of the Purchaser in the records of the Municipal Corporation and in the
Revenue records of the Govt.
4) To execute any other documents Incidental to the Deed of conveyance if
required and as advised by my advocate.
5) To lodge the Deed of Conveyance and other documents if any executed and
requiring registration in the office of the Registrar or Sub Registrar of Assurances
concerned and or to admit execution made before him.
6) To give formal possession of the said property to the Purchaser by handing over
vacant possession of such part of the said property as is in my personal occupation
and by attorning to the Purchasers, the tenants who are occupying the said
property.
7) To make an account of the rents and outstanding of the said property by way of
taxes, and other charges, deductions etc. as on the date of completion and if after
making account and adjustments thereof any amount is found payable by me to the
Purchaser, to pay the same or if any amount is found payable by the Purchaser to
me to receive the same and give a valid receipt for the same.
8) To pay stamp duty and registration charges in respect of the said document or
any part thereof, if I am liable to pay the same under the said agreement or in law.
9) To settle and pay my advocate's fees in respect of the sale out of the sale
proceeds.
10) To credit the net sale proceeds when received to my Bank Account with Bank
of .……………
11) To apply for and obtain Income Tax Certificate under section 230A of the
Income Tax Act, 1961 for registration of the said Deed.
12) And to do all other acts and things as may be required to be done for
completing the sale of the said property and executing the Deed of Conveyance, as
I would do if personally present.
AND I, hereby agree to ratify all lawful acts and things done by the said attorney in
pursuance of the powers herein contained.
IN WITNESS WHEREOF I have put my hand this ………... day of .……….,20….
THE SCHEDULE ABOVE REFERRED TO
Signed and
delivered by the withinnamed
Mr . ......
in the presence of ......

3. Draft a notice in case of dishonor of a cheque.

NOTICE
(By R.P.A.D.)your risk as to the cost and consequences of any such legal
From: ______
Date: _______
To, ____________
____________

Sir, Under the instructions of my client (give the name and address of client) ___
and on being authorized by him in this behalf I address you as under; the contents
whereof you may please note:—
(1) My client has carried on the business of ____ at ___ place for the past _____
years.
(2) My client states that you have been purchasing the _____ goods from my client
since 2015. Due to the said association my client allowed you to take delivery of
the _____ quantity of _____ goods on _____ date against the cheque dated _____
issued by you.
(3) My client states that you have issued cheque for an amount of Rs. ________
(Rupees _____ words) in favour of my client dated _____ bearing No. _____,
drawn on _____ bank.
(4) My client states that my client presented the said cheque issued by you on
_____ date but the same was dishonored with the endorsement “insufficiency of
funds in the Account of the Drawer” on _____ date vide returning memo no. _____
of which my client received the information on _____ date from the bank.
(5) My client states that my client has supplied to you the goods/products worth
Rs. _____ only on the assurance that the said cheque will be honored. My client
states that you owe to my client an amount of Rs. _____ under the said transaction
and hence the said cheque was issued by you in discharge of your liability to pay
my client an amount of Rs. _____.
(6) My client states that my client tried to inform you regarding the dishonor of the
said cheque but you have deliberately not answered his phone calls.
(7) My client states that you all the while knew that the said cheque when
presented would be dishonored but fraudulently in order to cheat my client you
have issued the said cheque in favour of my client.
(8) My client states that under the circumstances my client is left with no option
but to issue you this notice for recovery of his legitimate dues from you.
(9) My client has, therefore, instructed me to call upon you and which I hereby do
and inform you that you are called upon to pay an amount of Rs. __________
together with interest at the rate of 24% p.a. within 15 days from the date of receipt
of this notice, failing which my client will take appropriate legal action, civil as
well as criminal, particularly under section 138 of Negotiable Instruments Act,
1881 as amended up to date including the charges of this notice entirely at your
risk as to the cost and consequences of any such legal action which you may please
note.
Yours sincerely,
Sd. Advocate
4. Draft an affidavit for loss of std 10th marksheet submitted for college
admission.

AFFIDAVIT
I —------------------ S/o, D/o—---------------------------- with permanent residence at
—---------------------- joined—------------------------------ programme in
—--------------------------- branch in G. Pulla Reddy Engineering College
(Autonomous) , Kurnool with Roll Number—------. I do hereby solemnly affirm
and sincerely state as follows :
I am currently studying in —--------------- semester. I received all the certificates
pertaining to my study till date in the college. Now, I found that I have
inadvertently misplaced my —---------------------------------- (Specify the
class/Semester and Month & Year of Exam) mark/grade sheet(s) issued by the
college. Despite a diligent search undertaken by me to recover the mark/grade
sheet, I have not found them. I presume that the marks/grade sheet has been lost
beyond retrieval.
I submit that the marks/grade sheet mentioned supra lost by me is a very essential
document for my career. Hence I request the authorities of the college to issue me
a duplicate marks/grade sheet misplaced/lost by me. I state that I have not in any
way misused or improperly handled the certificate(s) lost by me. I undertake to
hand over the original certificate(s) in the event of their retrieval at a later date.
I submit that all the information given above is true and correct. I hereby
indemnify the authorities of G. Pulla Reddy Engineering College (Autonomous),
Kurnool, if any disputes arise in the above matter and I will be responsible for the
same.
PLACE :
DEPONENT
DATE :
Solemnly affirmed and signed before me at ……….. (Place)
on this ……………. (dated)
(Seal & Sign of Notary Public)
5. Draft a notice - reply by a builder to a flat purchaser.

6. Types of writ and Draft a Writ

● A writ is a formal written order issued by a court or other judicial authority,


commanding a person or entity to do or refrain from doing a specific act.
/Writs are typically used to enforce the rights of individuals and ensure
compliance with legal procedures.
● There are several types of writs that serve different purposes within the legal
system. Here are a few commonly known writs:
1. Writ of Habeas Corpus: This writ is used to challenge the legality of a person's
detention or imprisonment. It seeks to ensure that a person is not held unlawfully
and provides a mechanism for individuals to seek release from custody.
2. Writ of Mandamus: This writ is issued by a higher court to a lower court or
government official, directing them to perform a specific act or duty that they are
legally required to do. It is used when there is a clear right and a clear duty, but the
duty is not being fulfilled.
3. Writ of Certiorari: This writ is issued by a higher court, such as a supreme court,
to review the decision of a lower court. It is used to determine whether the lower
court's decision was correct based on legal grounds and to provide an opportunity
for appeal.
4. Writ of Prohibition: This writ is issued by a higher court to prevent a lower court
from exercising jurisdiction over a particular case. It is typically used when the
lower court is acting outside its authority or in violation of the law.
5. Writ of Quo Warranto: This writ is used to challenge the authority or right of a
person or entity holding public office. It seeks to determine whether the person or
entity has the legal right or qualifications to hold the office in question.
● It's important to note that the availability and specific procedures for writs
may vary depending on the jurisdiction and legal system in which they are
sought.
SPECIMEN FORM OF A WRIT OF MANDAMUS
IN THE HIGH COURT OF........................ AT........................
CIVIL ORIGINAL (EXTRA-ORDINARY) JURISDICTION
CIVIL WRIT PETITION NO........................ OF 20…...

IN THE MATTER OF:


1. -------------
S/o.................. R/o______ … PETITIONER
1. XYZ Company Ltd
having its registered office at........................
Through its Chairman____
2. Managing Director of the above Company …RESPONDENT

May it please the Hon'ble Chief Justice of the High Court of ........................ and
His Lordship's companion Judges.
THE PETITIONER MOST RESPECTFULLY SHOWETH:
1. That the petitioner is a citizen of India and is therefore entitled to enjoy all the
rights guaranteed by the Constitution of India.
2. That respondent No. 1 is a company registered under the Companies Act, 2013
having its registered office at........................
3. The respondent-company is wholly owned by the Government of India and is,
thus, an instrumentality of state is given in Article 12 of the Constitution.
4. That the petitioner was an employee of the respondent-company, having been
appointed as a ____ on _______ and has been a diligent employee and been
discharging his duties and obligations according to the employment norms and
applicable rules of the Respondent Company.
5. That on........................ respondent No. 2, herein without giving an opportunity
to be heard to the Petitioner, abruptly issued the impugned order dated..................
terminating the services of the petitioner and the petitioner came to be relieved of
his duties the same day. A copy of the impugned order is annexed hereto and
marked as ANNEXURE-1.
6. The Petitioner states that the order of the termination of the service of the
Petitioner was passed without following the due process of the principle of natural
justice.
7. That the Petitioner has been discharging his duty as an employee according to
the Respondent Company norms and therefore has not committed any act which
would constitute as misconduct.
8. The impugned order is being assailed on the following, amongst others.
a. That the petitioner being a permanent employee of the respondent-
company his services could not be terminated without holding an enquiry
under the rules applicable to the employees of the company.
b. The termination of the Petitioner is against the principle of natural justice.
c. That the impugned order is otherwise also erroneous and unsustainable.
d. That the impugned order is arbitrary and contravenes Article 14 of the
Constitution.
e. That the petitioner has not filed any other proceedings relating to the
matter at this petition in any other court.

PRAYER
In the facts and circumstances stated above the Petitioner prays that a direction be
issued for quashing the impugned order and reinstating the Petitioner in service
with all consequential benefits including back wages. It is further prayed that the
respondent be burdened with costs.

PETITIONER
THROUGH
COUNSEL
MR......................... DATED........................

7. Draft a petition for divorce by mutual consent on the grounds of cruelty.

IN THE COURT OF FAMILY JUDGE ____________(PLACE)


AT __________ (PLACE)
M.P. No.__________ /20___

Petition for divorce on the ground of cruelty


The Petitioner above-named most respectfully states as under:—
(1) That the Petitioner and the Respondent were married on ________date as per
Hindu Vedic Rites and Ceremonies at _____ (Place). After the marriage the
Petitioner and the Respondent made their matrimonial home at _____(Place).
(2) That the Petitioner says and submits that two children are born out of the said
wedlock. The names of the children are _________ and ________. They are
studying at ______ school and are in _________ and _______ standard
respectively.
(3) That the Petitioner says and submits that during the first few years of marriage
there were minor differences and the Respondent occasionally used to come drunk
to the house. However, the Petitioner tried to prevail upon the good sense of the
Respondent and called upon him to give up the obnoxious habit. However, with the
passage of time the Respondent’s drinking habit increased and the Respondent has
now become a total alcoholic.
(4) That the Petitioner says and submits that the Respondent within a few years of
the marriage started showing his true colours, by harassing, torturing and using
physical violence against the Petitioner. That the Respondent started coming home
drunk at any time of the day or night, used to abuse or accuse the Petitioner and
would demand money from her and when the Petitioner refused, the Respondent
used to mercilessly beat her and the children.
(5) That the Petitioner says and submits that the Respondent even used to take
away the household articles, jewellery etc. and used to sell them and the money so
made was spent on alcohol.
(6) That the Petitioner says and submits that the conduct of the Respondent has not
only financially weakened the Petitioner, it has also started affecting the education,
proper upbringing of the children. The Petitioner is required to borrow money from
her father, friends etc. to meet the educational and other expenses of herself and
the children. The Respondent neither is earning nor is making any effort to settle
the bills of household expenses.
(7) That the Petitioner says and submits that the Respondent has even stopped
going to work and if any effort was made to find a new job either by the Petitioner
or her father, the Respondent refused to take up the job. That the Petitioner,
therefore, submits that the Respondent has failed and neglected to look after the
Petitioner and the children and has failed to perform all his marital obligations and
responsibilities.
(8) That the Petitioner says and submits that the Respondent is guilty of having
committed the matrimonial offence of cruelty both physical and mental.
(9) That the Petitioner says and submits that the Petitioner is working as an office
assistant and with great efforts is trying to meet the two ends. That the Petitioner is
out of the house for quite some time and due to the conduct of the Respondent, the
Petitioner has kept the children with Petitioner’s father.
(10) That the Petitioner says and submits that the Petitioner tolerated all the torture,
harassment etc. hoping against hope that the Respondent will change some or the
other day.
(11) That the Petitioner states that with the help of her father and her brother, she
admitted the Respondent to _____ centre to cure his alcohol addiction. But the
Respondent refused to take any treatment.
(12) That the Petitioner says and submits that the Respondent’s cruel behaviour
reached its climax when the Respondent took away the Mangalsutra and the other
jewellery of the Petitioner and expelled the Petitioner and the children from the
matrimonial home.
(13) That the Petitioner says and submits that the Respondent’s barbaric, inhuman
and violent behaviour continued to increase and the Respondent has dragged out
the petitioner from the matrimonial home on _____ date.
(14) That the Petitioner says and submits that the Petitioner is now staying with her
father and is making efforts to maintain herself and the children. The Petitioner
states that the marriage between the Petitioner and the Respondent has come to an
end due to the cruel and irresponsible behaviour of the Respondent. Hence, the
present petition for divorce.
(15) That the Petitioner says and submits that there is no collusion or connivance
between the Petitioner and the Respondent in presenting this petition.
(16) That the marriage between the Petitioner and the Respondent was solemnised
at _______ (Place) the parties last resided together at _______(Place) and therefore
this Hon’ble Court has jurisdiction to try, entertain and decide the petition.
(17) That the cause of action for the petition arose on _______date and thereafter,
every day till the filing of this petition.
(18) That the appropriate court fee stamp is paid herewith.
(19) It is, therefore, prayed that the Hon’ble Court be pleased to:—
(a) Pass a decree of divorce, thereby dissolving the marriage between
Petitioner and the Respondent.
(b) Award costs of the petition from the Respondent to the Petitioner.
(c) Pass any other just and equitable order as deemed fit in the interest of
justice.
An affidavit in support is filed herewith.
Place________
Date ________ Petitioner

Verification
I, ____________ Age ________ Occupation.__________ R/at ______________
The Petitioner above-named do hereby state and declare that the contents of the
above paragraphs are true and correct to the best of my knowledge, belief and
information. I have signed and verified the same on the above mentioned date.
Petitioner

8. Draft a will/codicil/ probate of will

DRAFT OF WILL

I, ______________, son of Shri _______________, aged __ years, resident of


_____________________________, do hereby revoke all my former Wills,
Codicils and Testamentary dispositions made by me. I declare this to be my last
Will and Testament.

I maintain good health, and possess a sound mind. This Will is made by me of my
own independent decision and free volition. I have not been influenced, cajoled or
coerced in any manner whatsoever.

I hereby appoint my ________________, as the sole Executor of this WILL.

The name of my wife is _________________. We have two children namely, (1)


__________________ (2) ________________, I own following immovable and
movable assets.
1. One Flat No.___ in _______________________.

2. Jewellery, ornaments, cash, National Saving Certificate, Public Provident


Fund, shares in various companies, cash in hand and also with certain banks.

All the assets owned by me are self-acquired properties. No one else has any right,
title, interest, claim or demand whatsoever on these assets or properties. I have full
right, absolute power and complete authority on these assets, or in any other
property which may be substituted in their place or places which may be Acquired
or received by me hereafter.

I hereby give, devise and bequeath all my properties, whether movable or


immovable, whatsoever and wheresoever to my wife, _____________________,
absolutely forever.

IN WITNESS WHEREOF I have hereunto set my hands on this ____ day of ____,
20__ at ____________.

TESTATRIX

SIGNED by the above named Testatrix as his last WILL and Testament in our
presence, who appear to have perfectly understood & approved the contents in the
presence of both of us present, at the same time who in his presence and in the
presence of each other have hereunto subscribed our names as Witnesses.

WITNESSES :

1.

2.
SHORT NOTES
1. Beginning part of a lease deed

● A Lease Deed is a contract between the lessor (owner of the property) and
the lessee (the tenant of the property) for the use of the said property on a
lease rental basis. It is similar to a rent agreement between a landlord and a
tenant, but is usually executed for a longer time period- at least more than
one year.
● Unlike a rent agreement in which a tenant pays rent to the landlord to use the
property, in a lease deed the lessee buys the lease rights to the lessor’s
property as compensation for using the said property. All the financial
considerations, terms and conditions, and other renewal terms of the lease,
are mentioned in an official document- called ‘Lease Deed’.
● In addition, registration of a lease deed is mandatory under Section 17 (D) of
the Registration Act, 1908.
● Similar to a rental agreement, there are some basic details that need to be
included in a lease deed. Some of these include:
1. Name of the parties: The names of both the parties- the lessor, as well as the
lessee needs to be included as mentioned on legal documents. Both the parties
must make sure that there is no error in names of either party.
2. Lease Deed Period: This is the total period for which the lessee is allowed to
lease the property. This is generally a larger time period, usually more than one
year.
3. Lease Consideration: The lease consideration refers to the financial terms
associated with the lease contract. This includes the lease amount payable by the
lessee to the lessor at regular intervals (monthly/ quarterly/ bi-annually/ annually)
as specified.
The Security Deposit paid to the lessor is also to be mentioned in the deed. This
amount has to be returned by the lessor to the lessee at the end of the lease period.
4. Notice Period and Exit Clause: In case the lessor or the lessee feels the need to
terminate the lease agreement before the lease period mentioned, they can do so by
giving advance notice to the either party. This notice period may vary from one
month to several months, or as desired by the lessor or lessee through mutual
consideration.It also has the provision to compensate the lessor/ lessee for any loss
incurred if the deed is terminated before the mentioned period.
5. Lease Deed Renewal Terms: This includes the terms and conditions for
renewing the lease of the property after the mentioned time period. Usually, a
renewal fee is charged by the lessor for lease renewal.
While at most times property leases are automatically renewed, it is at the
discretion of the lessee whether to continue with the lease or not. Also, some lease
agreements also allow ownership rights of the property to the lessee on payment of
appropriate price at the end of the lease period.
6. Sub-Letting Clause: Sub-letting gives the right to the lessor to further lease the
property to different parties and collect lease (or rent) from them in exchange. The
main lessee may also make a profit from this sub-letting exercise.
● The lease deed format is a standard proforma for executing a lease deed
between a Lessor and a Lesse. The Lease Deed format contains the details
such as-
Name of the Lessor
Name of the Lessee
Term of Lease
Norms of Violation
Terms and Conditions
Notice Period
Details of the Property
Market Value of the Property
Lease Terms

2. Recitals of Lease Deed

3. Schedule of property

It is a method to identify the property that is being registered or transferred. There


is a division in this of 3 sub-schedules.

● If it is an apartment, then schedule A will describe the larger the property


extent where it is residing and property boundary area and location details.
● Schedule B defines the flat’s exact number or unit that identifies it and keeps
the proper record.
● The C schedule gives details of any undivided land share that is associated
with the units which are being transferred.

Major Aspects of Schedule of Property


1. The Schedule of property in the sale deed is mentioned as an additional
insurance policy that the homeowner enables along with the different
standard ones.
2. A much greater risk is covered in the schedule of the property in the sale
deed than the standard policies.
3. Some items or expensive collectibles might have greater coverage limits in
the schedule of property in the sale deed.

Example of the Scheduled Property


The schedule of property in the sale deed should provide detailed data about the
property. It is more like identification of the property that gives some unique
details which are required in the sale deed or conveyance deed, such as location,
area, boundaries, landmarks, etc.

Property that is situated at road number, PQR, property number, PQR which has an
area measuring____ located in the village or city _____

1. The flat number is ___ with a square feet area of ____, terrace ___ (if
present), and any undivided interest in the land in square feet____.
2. Any parking area that measures in square feet ____
3. the boundaries of the land or property as the schedule of property in the sale
deed
● North
● South
● East
● West

4. any car parking or garage details (if present)____


The owner should produce a different schedule of the property, too, when
registering the property with the sub-registrar. The flat drawings, map, common
area details, and the schedule of property in the sale deed are important documents
for registration and verification.

4. Testimonium clause

● The Testimonium Clause is the concluding section of a deed or a contract


stating that it has been signed on the date stated by the parties. It is more like
an authenticating clause.
● Derivation:
● It is derived from the Latin term “Testimonium” which simply means
testimony, i.e. solemn declaration being made.
● Meaning:
● The Testimonium clause is the confirming clause of an instrument that
typically begins “In witness whereof” and furnishes such information as
when it was signed, and before which witnesses.
● Testimonium clause is the section specifying the signing of the document
and includes the names of the parties who signed it, in what capacity, and on
which date.
● It signifies that the parties to the document have read and signed the deed,
confirming the same. This clause marks the close of the deed and is an
essential part of the deed. It is worded according to the status and delegation
of executants.
● Placement:
● The Testimonium is the clause in the last part of the deed.
● Examples:
1. “In witness whereof, parties hereto have hereunto set their respective hands
and seals the date and year first above written…”
2. “In witness whereof the parties hereto have signed this ___ day on the ___
date above written”.
3. “In Witness Whereof, the parties hereto have caused this Indenture to be duly
executed and their respective corporate seals to be hereunto affixed and
attested…”.
Importance:
The Testimonium Clause is one of the boilerplate clauses of an agreement. This
clause is incorporated in order to authenticate the execution of the instrument.

5. Execution and signing clause

An execution clause and a signing clause are terms commonly used in legal
documents, such as contracts, to establish how the document should be executed
and signed by the parties involved. Here's a brief explanation of each:

1. Execution Clause: An execution clause typically outlines the formalities


required for the document to be considered validly executed. It may specify the
manner in which the document should be signed, witnessed, notarized, or
otherwise authenticated. The clause often includes language indicating the intent of
the parties to be legally bound by the terms of the document upon execution.

For example, an execution clause in a contract might state: "This agreement shall
be executed in counterparts, each of which shall be deemed an original, and may
be executed by facsimile or electronic signature, all of which taken together shall
constitute one and the same agreement."

2. Signing Clause: A signing clause specifies the parties who are required to sign
the document for it to be considered binding. It typically lists the names or titles of
the individuals or entities who should affix their signatures to indicate their
acceptance or agreement with the terms of the document.

For instance, a signing clause in a contract might state: "This agreement shall be
signed by the parties hereto or their authorized representatives."

Both the execution clause and signing clause help establish the validity and
enforceability of a legal document. It is important to carefully review and comply
with the specific requirements outlined in these clauses to ensure that the document
is executed correctly and in accordance with the applicable laws and regulations.

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