DPC-II Assignment - dpc-2

Download as pdf or txt
Download as pdf or txt
You are on page 1of 34

lOMoARcPSD|22703639

DPC-II Assignment - dpc-2

Legal Drafting (University of Mumbai)

Scan to open on Studocu

Studocu is not sponsored or endorsed by any college or university


Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)
lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

1. PUBLIC NOTICE:

Public notice is an announcement made by a government or a public authority that is


published in a newspaper, on the Internet or other media. A public notice may be issued to
inform the public about a change in the law or to solicit input from the public regarding a
proposed government action. Public notices are often used to notify the public about
important government events, such as elections.

Importance of Public Notice:


Public notices, also known as public advertisements or government notices, are an important
part of civil administration in India. They are used to disseminate information about various
government services and events and are also used to solicit public participation in various
activities.

Public notices are an important part of the law of public proceedings in India. They are notices
issued by a public authority, such as a government or municipality, to notify the public of an
upcoming event or to provide additional information about an ongoing event. Public
notices are typically published in newspapers, on websites, or through other methods of mass
communication. Public notices are important because they help the public stay informed about
important events and developments. They also help ensure that all interested parties are aware
of the relevant information and have the opportunity to provide input. Finally, public notices
can help promote transparency and accountability within government bureaucracies.

Public notices must meet certain requirements in order to be effective. First, they must be
timely. Second, they must be clear and concise. Third, they must provide accurate information
about the upcoming event or development. Fourth, they must be made available to the public
in a format that is accessible and easy to understand. Fifth, public notice should not
unnecessarily disrupt or inconvenience citizens.

Public notices are regulated by several Indian statutes and regulations. For example, the
Constitution of India requires public authorities to issue public notices in accordance with the
law of public proceedings. The Information Technology Act specifies specific formats for
publication of public notices online. The Ministry of Urban Development has rules for public
notice boards in localities that are well-defined by law, including the rules for installing and
maintaining such boards.

Who Can Issue a Public Notice?


A public notice can be issued by the following authorities:
• State government in the form of a notification in the official Gazette
• District magistrate or officer authorised by him in this behalf
• Chief secretary or his authorised representative
• Commissioner of police or his authorised representative
• Inquiry officer appointed under Section 156 of the Indian Penal Code
• Police officer not below the rank of sub-inspector in charge of a police station or head
constable in charge of a subdivision.

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

Public notices are usually issued by government officials or organisations. They can be issued
in connection with a variety of different issues, such as issuing tenders for goods and services,
announcing changes to laws or regulations, or issuing warnings about safety hazards.
Public notices are important in India because they provide a way for the government to
communicate with the public. They can be used to update the public on important government
decisions, warn them of dangers, or announce new services or policies. Public notices are also
used to help regulate businesses and ensure that they are following government guidelines.

Conclusion

Public notices are undeniably an important way of informing the general public about
important government initiatives and events. They can be issued by the government in various
ways, including through newspapers, on television and radio, or online. Public notices are also
used to distribute information about scams or frauds that have taken place. In India, public
notices are typically issued in the form of newspapers.

Public notice is a legal document used in India to provide information about the state of a
particular property or to announce an event. They can be found in almost every state of India,
and usually contain vital information such as the ownership of the land, any restrictions that
apply, zoning regulations, building codes, and so on. By law, all properties in India must have
a public notice posted if there are any changes to their condition or use.

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

2. AGREEMENT FOR SALE:

An agreement for sale is a legal contract between seller and purchaser regulating the mutual promises
made by each party. It is a formal document that evidences the sale and purchase of certain goods or
immovable property. An agreement for sale is a legal document and a written promise to transfer
certain goods or property for consideration (money). It records the terms of such transfer and such
payment and also the penalty in case of non-transfer of goods/property or non-payment of
consideration.

DRAFT OF AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE is made and executed on this the____________ day
_____________ of ___________, 200-

BETWEEN

Mr. ____________s/o. ____________ aged_________________ years residing at


_____________Hereinafter called "The SELLER" (which expression shall mean and
include her legal heirs, successors, successors-in-interest, executors,
administrators, legal representatives, attorneys and assigns) of ONE PART.

AND

Mr. ______________ s /o __________ aged ________ years residing at__________


___Hereinafter referred as "The PURCHASER" (represented by his power of attorney)
which expression shall mean and include his heirs, successors, executors,
administrators, legal representatives, attorneys and assigns of the OTHER PART.

WHEREAS THE SELLER is the absolute owner in possession and enjoyment of the more
fully described in the schedule hereunder and hereafter called the "SCHEDULE
PROPERTY.

WHEREAS the property more fully described in the schedule hereunder is the self
acquired property of the SELLER who purchased the same from Mr._____________ in and
by sale deed dated _____________ and registered as Doct No._________of_________,
registered on and filed on the file of the Sub-Registrar,

WHEREAS the SELLER is the absolute owner of the property and he has been enjoying
the same with absolute right and he has clear and marketable title to the Schedule
Property

WHEREAS the SELLER being in need of funds for the purpose of ________________ has
decided to sell the property more fully described in the Schedule hereunder and the
PURCHASER has offered to purchase the same..

WHEREAS the SELLER offered to sell and transfer the schedule property to the
PURCHASER for a sale consideration of Rs.___________(Rupees___________ only) and
the PURCHASER herein has agreed to purchase the same for the aforesaid consideration
on the following terms and conditions:

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:


1. The Sale consideration of the Schedule Property is fixed at Rs. __________
(Rupees________ only).

2. The PURCHASER has paid a sum of Rs.___________(Rupees _________ only) by cash/


cheque /D.D. bearing No _________ drawn on ___________ dated________ as
advance, the receipt of which sum the SELLER hereby acknowledges.

3. The balance payment of Rs._____________(Rupees _________ only) will be paid


by the PURCHASER to the SELLER at the time of execution of the absolute Sale
Deed and thus completing the Sale transaction.

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II


4. The parties herein covenant to complete the Sale transaction and to execute
the Absolute Sale Deed by the end of __________

5. The SELLER confirms with the PURCHASER that he/she has not entered into any
agreement for sale, mortgage or exchange whatsoever with any other person
relating to the Schedule Property of this Agreement.

6. The SELLER hereby assures the PURCHASER and he/she has absolute power to
convey the same and there are no encumbrances, liens, charges, Government
dues, attachments, acquisition, or requisition, proceedings etc.

7. The SELLER agrees to put the PURCHASER in absolute and vacant possession of
the schedule property after executing the sale deed and registering the same
in the jurisdictional Sub-Registrar's office.
8.
The SELLER covenants with the PURCHASER that he/she shall not do any act, deed
or thing creating any charge, lien or encumbrance in respect of the schedule
property during the subsistence of this Agreement.
9.
The SELLER has specifically agreed and covenants with the PURCHASER that
he/she shall do all acts, deeds and things which are necessary and requisite
to convey absolute and marketable title in respect of the schedule property
in favour of the PURCHASER or his nominee.
10.
IT IS AGREED between the parties that all expenses towards Stamp Duty and
Registration charges shall be borne by the PURCHASER only.
11.
The PURCHASER shall have the right to nominate or assign his right under this
agreement to any person / persons of his choice and the SELLER shall execute
the Sale Deed as per terms and conditions of this Agreement in favour of the
PURCHASER or his nominee or assignee.
12.
The SELLER has agreed to get consent deed duly executed to this Sale
transaction from his wife/her husband, sons and daughters on or before date
of registration of Sale Deed and assured that they all join to execute sale
deed in favour of the purchaser.
13.
It is hereby expressly provided and agreed by the parties here to that both
parties are entitled to enforce specific performance of the agreement against
each other in case of breach of any conditions mentioned in this Agreement.
14.
The original of the "AGREEMENT" signed by both the parties shall be with the
PURCHASER and copy of the same similarly signed shall be with the SELLER.

IN WITNESS WHEREOF the SELLER and the PURCHASER have signed this Agreement of Sale
on the day month and year herein above mentioned in the presence of the witnesses:

WITNESSES:

1.

2.

Signed by SELLER_____________

In presence of

Signed by PURCHASER______________

In presence of

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

3. SALE DEED

A sale deed is an essential document through which the ownership of a property is transferred from one person
to another. A sale deed of property is necessary for purchasing and registering a property. The property is
registered based on the details mentioned in the sale deed. The buyer of a property mentioned in the sale deed
property will become the new legal owner of the property after its registration. The article provides the sale deed
meaning, format sale deed, contents of the sale deed, the agreement to sale deed and the execution of the sale
deed.

The meaning of sale deed refers to a legal document that outlines the terms and conditions of the sale. It is
executed by the seller and the buyer for the transfer of ownership of the property. It is an essential document as
it is the proof of ownership of the property. It legally reports the proof of the sale of property from the seller to
the buyer. The sale/purchase of the property is not legally complete until the sale deed is signed by the buyer
and the seller and is registered.

DEED OF ABSOLUTE SALE

This DEED OF ABSOLUTE SALE is made and executed on this _______ day of
______________, Two Thousand _______

BETWEEN

Sri ____________________, son/wife/daughter of Sri/Late _______________, aged about


_______ years, holding PAN _____________, by Caste ________, by Nationality Indian,
residing at _____________________________________________,
hereinafter called the "SELLER" (which expression shall mean and include his legal
heirs, successors, successors-in-interest, executors, administrators, legal
representatives and assigns) of the ONE PART.

AND

Sri __________________________________, son of _______________________,


aged about _______ years, by Caste __________, by Nationality Indian, holding PAN
_____________, residing at _____________________________________________,
hereinafter called the "PURCHASER" (which 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 __________, Registration Sub-District _________,
in the district of ________________, more fully and particularly described in the
schedule here under written and hereafter referred to as the "SCHEDULE PROPERTY”.

ANDWHEREAS the SCHEDULE PROPERTY was the self acquired property of __________,
deceased father of the SELLER and he purchased the same from Sri __________________,
son of _____________ of _________________________________, by virtue of a Sale Deed
dated ________________, registered in the office of the
_____________________________, in Book 1, Volume No. ____, Pages ____ to _____,
Being Number ___________ for the Year _____.

ANDWHEREAS the said _________ died in-estate on _________ leaving behind his only
son namely, Sri _______________, the SELLER herein, as the only legal heir.

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

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II


and interest sice then and he has clear and marketable title to the SCHEDULE
PROPERTY.

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.

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

NOW THIS DEED OF SALE WITNESSETH:

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


Rs._________ (Rupees ___________________________) only received by the SELLER in
cash/cheque/bankdraft 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.

2. THAT THE SELLER DOTH HEREBY COVENANT WITH THE PURCHASER AS 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 from the SELLER or any person claiming through or under him.

ii. That the SELLER have absolute right, title and full power to sell, convey
and transfer unto the PURCHASER by way of absolute sale and that the SELLER have
not done anything or knowingly suffered anything whereby their right and power to
sell and convey the SCHEDULE PROPERTY to the PURCHASER is diminished.

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
of his own fund and keep the PURCHASER indemnified.

iv. That the SELLER hereby declares with the PURCHASER that the SELLER have paid
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 in the property hereby sold and conveyed herein.

vii. That the SELLER do hereby covenants and assures that the PURCHASER is entitled
to 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.

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II


SCHEDULE OF PROPERTY

All that 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 ______, Registration Sub-District
______, in the district of ____________, butted and bounded by:

On the North:

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.

______________________________

SELLER

______________________________

PURCHASER

WITNESSES:

1.

2.

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

4. SIMPLE MORTGAGE

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

SIMPLE MORTGAGE DEED

This Deed of Mortgage made at ...................... this ................ day of


................... Between X, son of ............................... resident of
............................ hereinafter called as a mortgagor of the ONE PART and
Y, son of ...................... resident of .................. hereinafter called
as a mortgagee of the OTHER PART.

WHEREAS, the mortgagor is absolutely seized and possessed of or otherwise well and
sufficiently entitled to the house bearing municipal no................ situated on
........................ Road, ....................... more particularly described
in the Schedule hereunder written;

AND WHEREAS, the mortgagor has requested the mortgagee to lend him a sum of Rs.
........................ which the mortgagee has agreed on the mortgagor mortgaging
his property.

NOW, This Deed Witnesseth That in pursuance to the said agreement and in
consideration of the sum of Rs. .................. at or before the execution of
these presents paid by the mortgagee to the mortgagor (the receipt whereof, the
mortgagor doth hereby admit and acknowledge and of and from the same hereby release
and discharge the mortgagee), the mortgagor hereby covenants with the mortgagee that
he will pay on the ..................... day of ................. (hereinafter
called "the said date"), the said sum of Rs. ................. with interest @
........ % per annum from the date of these presents till the repayment of the said
sum in full, every quarter the first instalment of interest to be paid on the
................... day of .......... 20___ and each subsequent instalment on the
................ day of July, October, January and April of each succeeding year
until the said sum is repaid in full.

AND this deed further WITNESSETH that

In consideration aforesaid, the mortgagor doth hereby transfer by way of mortgage


his house bearing municipal no ................. situated on .............. Road .
...................... and more particularly described in the Schedule hereunder
written as a security for repayment of the said sum with interest @ ................
per annum with the condition that the mortgagor, his heirs, executors, administrators
or assigns shall on the said the pay to the mortgagee, his heirs, executors,
administrators or assigns the said sum of Rs .............. together with interest
thereon at the rate mentioned above, the said mortgagee, his heirs, executors,
administrators, or assigns shall at any time thereafter upon the request and at the
cost of the mortgagor, his heirs, executors, administrators or assigns reconvey the
said house, hereinbefore expressed to be mortgaged unto or to the use of the
mortgagor, his heirs, executors, administrators or assigns or as he or they shall
direct.

And It Is Hereby Agreed And Declared that if the mortgagor does not pay the said
mortgage amount with interest when shall become due and payable under these presents,
the mortgagee shall be entitled to sell the said house through any competent court

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II


and to realise and receive the said mortgage amount and interest, out of the sale
proceeds of the house.

And It Is Further Agreed And Declared by the mortgagor that during the period, the
mortgage amount is not paid and the said house remains as a security for the mortgage
amount, the mortgagor shall insure the said house and take out an insurance policy
in the joint names of the mortgagor and mortgagee and continue the said policy in
full force and effect by paying premium and in case of default by the mortgagor to
insure or to keep the insurance policy in full force and effect, the mortgagee can
insure the said house and the premium paid by the mortgagee will be added to the
mortgage amount, if not paid by the mortgagor on demand.

And It Is Further Agreed That the mortgagor can grant lease of the said house with
the consent of the mortgagee in writing.

And It Is Further Agreed by the Mortgagor that he shall bear stamp duty, registration
charges and other out of pocket expenses for the execution and registration of this
deed and reconveyance deed but however each party will bear cost and professional
charges of his Solicitor/Advocate.

IN WITNESS WHEREOF the parties have put their hands the day and year first hereunder
written.

The Schedule above referred to

Signed and delivered by X the within named mortgagor

Signed and delivered by Y the within named mortgagee

WITNESSES;

1.

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

5. ENGLISH MORTGAGE

An English Mortgage is defined under Section 58(e) of the Transfer of Property Act, 1882, as under:

“Where the mortgagor binds himself to repay the mortgage-money on a certain date, and transfers the mortgaged
property absolutely to the mortgagee, but subject to a proviso that he will re-transfer it to the mortgagor upon
payment of the mortgage-money as agreed, the transaction is called an English mortgage.”

From the definition, it becomes apparent that for all practical purposes the transaction is a proper sale,
except that the mortgagor, which means the borrower, has to give a binding commitment to the lender
that he will repay the money on a prefixed date.
ENGLISH MORTGAGE

This Deed of Mortgage Made Between


Sh. _________s/o Sh.____________ r/o ____________ hereinafter called "the Mortgagor"
(which expression shall unless contrary to the context including his related
successors, executors, administrators and assigns) of the one part
And

Sh. ___________s/o Sh.___________ r/o _____________ hereinafter called "the


Mortgagee" (which expression shall unless contrary to the context including his
related successors, executors, administrators and assigns) of the other part
Whereas
1. The Mortgagor being owner and completely seized of the plot of land located at
_________

2. The Mortgagor is doing the business of _________ and wants to borrow a sum of
Rs.__________ (Rupees _______________ ) from the Mortgagee for doing his business
and the Mortgagee has consented to lend the said sum on interest @ ___ % annually
on the condition that the repaying the said sum with interest shall be secured by
the mortgage of the property.
Now This Deed Witnesseth as Follows:
1. In consideration of the sum of Rs.__________ borrowed by the Mortgagor from the
Mortgagee (which receipt is acknowledged by Mortgagor ) the Mortgagor hereby agrees
with the Mortgagee that the Mortgagor will pay to the Mortgagee the said sum of Rs.
_________ in _____ half–yearly/quarterly/monthly instalments, the first instalment
being due on ________ the day of ___________ with an interest @ __ % from the date
of this deed till the time the said sum is fully repaid (hereinafter called "the
mortgage money").

2. That as a security for the aforesaid loan, the Mortgagor hereby transfers, to
the Mortgagee All that property stated in the schedule annexed hereto (hereinafter
called "the mortgaged property") and To Hold the same to the Mortgagee completely.

3. That on paying of the mortgage money with interest on the day and in the manner
hereinbefore stated the Mortgagee shall re-transfer the mortgaged property to the
Mortgagor and shall also handover to the Mortgagor, this Mortgage deed and other
documents concerning the mortgaged property which are in the possession of the
Mortgagee per this Mortgage deed.

4. The Mortgagor also agrees with the Mortgagee that he is the complete owner of
the mortgaged property and the mortgaged property is free from all encumbrances or
charge.

5. That if Mortgagor default in paying the principal sum with interest thereon or
any portion of the principal sum or interest, the Mortgagee shall be justified in
entering into and taking possession of the mortgaged and hold and enjoy the rents
/profits received there from by without any interruption or disturbance by the
Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II


vendor or any person claiming through or under him and without any lawful disturbance
or interruption by any other person whosoever; and in such an event the Mortgagor,
including his related successors , executors, administrators and assigns shall, at
all reasonable times and at the cost of the person requiring the same, sign, execute
and do all other acts, deeds and things as may be compulsory for subsequent assuring
the said property to the purchaser, his successors or assigns as may reasonably be
needed;

6. The Parties hereto consent that the cost of registration of this deed with stamp
duty and other misc. expenses shall be borne by the Mortgagor.

In Witness Whereof, the parties hereunto have signed below

this day _________ of __________.

Mortgagor:

Mortgagee:

Witness:

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

6. LEASE DEED

A Lease deed is an agreement entered into by the landlord and tenant to let out a commercial property
for a longer duration of time. According to Section 17(D) of the Registration Act 1908, writing a Lease
deed is mandatory. The deed must be printed on non-judicial stamp paper and can be registered at a
sub-registrar office (SRO) administering the leased-out property. Usually, two copies of the Lease deed
are obtained and both parties hold one of the original copies.
LEASE DEED FORMAT

An agreement made the _________________ day of ___________years between

Sri./Smt._____________etc., (herein after called “the Lessor”) of the one part and
Sri./Smt.____________ etc. (hereinafter called “the Lessee”) of the other part.

Whereby it is agreed as follows:

1. The Lessor hereby demises to the Lessee all that dwelling house with the land
fully described in the schedule hereto together with all out-houses, pucca well,
motor garage, kitchen, pathways, passage, garden and other appurtenances thereof,
situated at _____________ to hold the same to the Lessee from ___________ day of
_______ for the term of ______ years (or, year to year) paying therefor during the
said term the monthly rent of Rs._________ (Rupees _____________ only) payable on
the first day of the month succeeding that for which the rent is due;

2. The Lessee hereby agrees that he will during the said term (tenancy) pay all
rates; taxes and other charges excluding the house tax which now are or may hereafter
becomes payable in respect of the demised property;

3. The Lessor hereby agrees as follows:-

(i) That the Lessor shall keep the premises in good and substantial repairs during
the said term and shall annually white-wash and do all necessary repairs to the out-
houses and demised premises and on the Lessee giving the Lessor notice in writing
of any special decays, defects and want of separation the Lessor will within one
calendar month from the receipt of such notice repair and amend the same;

(ii) That the Lessor shall repair when necessary, the well, the passages, pathways
and the road connecting the provincial road with the bungalow hereby demised and
shall get the well cleaned at least once a year.

4. Provided always and it is hereby agreed as follows:

(i) That whenever any part of the rent hereby reserved shall be in arrears for_____
months after due date or there shall be a breach of any of the covenants by the
Lessee herein contain the Lessor may re-enter on the demised premises and determine
this lease.

(ii) The tenancy hereby created shall be determinable at the option of the
Lessor/Lessee (or either party) by giving to Lessee/Lessor (or, the other party)
______________ calendar month’s notice in writing.

5. It is hereby agreed between the parties that in respect of the demised premises
the parties hereto shall respectively have all the rights and be subject to all the
liabilities of a lessor and of a lessee as set forth in Section 108 of the Transfer
of Property Act, 1882, except Clause (m) thereof which is hereby excluded.

6. It is hereby agreed between the parties as follows:

(i) That any demand for payment or notice requiring to be made upon or given to the
Lessee shall be sufficiently made or given if sent by the Lessor or his agent through
the post by registered letter addressed to the Lessee at the demised premises (or,
at_______), and that notice requiring to be given to the Lessor shall be sufficiently
Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II


given if sent by the Lessee through the post by registered letter addressed to the
Lessor at his usual or last known place of residence or business (or; at_______)
and that any demand or notice sent by post in either case shall be assumed to have
been delivered in the usual course of pose.

(ii) That wherever such in interpretation would be necessary in order to give the
fullest scope and effect legally possible to any covenant or contract herein
contained the expression “the Lessor” herein before used shall include the owner
for the time being of the Lessor’s interest in the demised premises and the
expression “the Lessee” herein before used shall include his heirs, executors,
administrators and permitted assigns.

In witness whereof the parties have put their signatures hereunder on the day and
the year first above -written (or, on the respective date mentioned against their
signatures)

SCHEDULE

(Leased under this deed)

All the piece and parcel of immovable property bearing No.____________*

Measuring _______________

Bounded by:-

On the East :

On the West :

On the South :

On the North :

Market value of the property leased under this deed is Rs._____________


(Rupees____________________________________only).

The Stamp duty is paid as per Article 30 of the Schedule to the Karnataka Stamp Act,
1957.

IN WITNESS WHEREOF the parties herein have affixed their respective signatures to
this deed at _______________ on this ______________ day of ______________ year in
presence of the witness:

WITNESSES:

1. LESSOR

2. LESSEE

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

7. EXCHANGE DEED

An exchange deed is a type of deed registered between owners of properties in order to exchange the
properties between the transacting parties. The transaction is different from a conventional property
sale because there is no transfer of money between the parties.

Property can also be transferred between the parties by executing two separate sales. In such cases,
you will incur stamp duty on both agreements. Registering an exchange deed can save you additional
stamp duty expenses. In addition, in the event that the two properties to be exchanged are of varying
value, there is a provision to mention the difference amount in the exchange deed and can be settled
with money.

The stamp duty for the exchange deed will be the same as in a sale of immovable property. The stamp
duty will be calculated on the basis of the property which has a higher value.

EXCHANGE DEED FORMAT

This exchange deed is made and executed at ________ on this ……….day of …………, 201…..
BETWEEN ……………………………….,s/o…………………………………., r/o……………………..
………………………………………………………………………………………………… (hereinafter called the FIRST PARTY).
AND ……………………………….,s/o…………………………………., r/o……………………..
………………………………………………………………………………………………… (hereinafter called the SECOND PARTY).

WHEREAS the terms FIRST PARTY and the SECOND PARTY unless repugnant to the context
shall mean and include their representatives heirs, successors, executors,
administrators, trustees, legal representatives and assigns.

WHEREAS, the First Party herein, is the sole and absolute owner of immovable property
bearing No……………………. situated at ………………………………….. as described in the First Schedule
hereunder written (hereinafter referred to as FIRST SCHEDULE PROPERTY), having
purchased/acquired/inherited the said property vide registered sale deed/gift
deed/Will/Letter of Administration as document No…………., Addl.Book………………..,Vol.
No………………pages ……....to………., dated…………duly regd. in the office of Sub-
Registrar…….………,……………….

WHEREAS, the Second Party herein, is the sole and absolute owner of immovable
property bearing No……………………. situated at ………………………………….. as described in the Second
Schedule hereunder written (hereinafter referred to as SECOND SCHEDULE PROPERTY),
having purchased/acquired/inherited the said property vide registered sale deed/gift
deed/Will/Letter of Administration as document No…………., Addl.Book………………..,Vol.
No………………pages ……....to………., dated…………duly regd. in the office of Sub-
Registrar…….………,……………….

WHEREAS the properties as mentioned in the schedules are free from all sorts of
encumbrances such as liens, charges, claim, liabilities, acquisitions, injunctions
or attachments from any Court of Law, gifts, mortgages, demands, notices,
notifications, legal disputes, differences, decrees etc. at present and both the
parties hereto are fully competent to dispose of the same in any manner they like.

WHEREAS the parties hereto have agreed to mutually exchange and transfer the
ownership of the said properties as between them:

a. That in pursuance of the ……………………..agreement (if any) dated……………… bearing


registration number ………………………… and in consideration of the second party conveying,
transferring and assigning to the first party, the Second Scheduled property
hereunder written. The First Party hereby in exchange conveys, transfers and assigns
unto the Second party absolutely and forever with all rights, title and interest of
the property described in the First Scheduled Property together with all the rights,
easements and appurtenant thereto. The First Party has handed over all the deeds,

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II


documents, writings and other evidences of title relating to the First Scheduled
Property to the Second Party.

b. That in pursuance of the agreement (if any mentioned above) and in consideration
of the first party conveying to the second party the First Scheduled property
hereunder written. The Second Party hereby in exchange conveys, transfers and assigns
unto the First Party absolutely and forever with all rights, title and interest of
the property described in the Second Scheduled Property together with all the rights,
easements and appurtenant thereto. The Second Party has handed over all the deeds,
documents, writings and other evidences of title relating to the Second Scheduled
Property to the First Party.

NOW THIS EXCHANGE DEED WITNESSETH AS UNDER:


(1) That the first party has now become the absolute and exclusive owner of the
property as mentioned in second schedule.

(2) That the second party has now become the absolute and exclusive owner of the
property as mentioned in first schedule.

(3) That each party has taken the actual, physical, vacant and peaceful possession
of their above mentioned / exchanged properties and have now become the sole and
absolute owner of their respective properties, as exchanged above and are fully
entitled and empowered to sell, let-out/mortgage, dispose of, or construct or use
the said Properties in any manner as they may like hereinafter.

(4) That all the expenses of the Exchange Deed such as Stamp duty, Registration
Charges/Fees and writing charges etc. shall be borne equally by both the parties
hereto.

(5) That both the parties to this exchange deed have paid all taxes, charges, dues,
demands, arrears, electricity charges, water charges, outstanding bills, house tax,
development charges etc., in respect of their respective properties (as mentioned
in the respective schedules) to the concerned departments for the period prior to
the date of execution of this exchange deed.

(6) That in future both the parties hereto shall pay all taxes, charges, demands,
electricity charges, water charges, bills, house tax, development charges etc. in
respect of the above exchanged properties.

(7) That both the parties hereby agree and assure each other to help and assist in
getting the properties, as exchanged above transferred/mutated in the relevant
records of concerned authority/Revenue department and any other concerned
department.

(8) That each party shall have full right to apply and get the water, electric and
sewerage connection regarding property as exchanged above from the concerned
authorities and also to get the existing name changed in his/her own name from the
department concerned.

(9) That in case it is proved otherwise at any time and any of the parties suffer
any loss, then the defaulting party shall be fully liable and responsible for the
same and the aggrieved party shall be entitled to recover all his/her losses from
the defaulting party.

(10) That in future none of the party to this exchange deed shall claim any right,
title and interest in the said property which has been exchanged in favour of the
other party as mentioned above.

(11) That the present exchange deed in being executed in duplicate and each party
shall retain one original each.

IN WITNESS WHEREOF, the parties have signed/ affixed their thumb mark on this
Exchange Deed after understanding the contents of the same on the day, month and
year first above written in the presence of the following witnesses:

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

FIRST SCHEDULE PROPERTY

(Property belongs to First Party exchanged to the Second Party)


Total Area of Plot/flat ……………………………… Sq. Meters/Sq. Feet/applicable plinth area
Cost of land …………………………………………………………………………………
Built up area…………………………………………………………………………….Sq. feet.
Number of floors constructed/semi constructed …………………………………………………
Category (Area Wise, for the purpose of calculation of circle rate) ………………………………
Approved Use……………………………………………………………………………………
Actual Use………………………………………………………………………………………
Year of construction…………………………………………………………………………….
Cost of construction…………………………………………………………………………….
Stamp Duty paid Rs.……………………………………………………………………………
Bounded as under:-
EAST:
WEST:
NORTH:
SOUTH:

SECOND SCHEDULE PROPERTY

(Property belongs to Second Party exchanged to the First Party)


Total Area of Plot/flat ……………………………… Sq. Meters/Sq. Feet/applicable plinth area
Cost of land …………………………………………………………………………………
Built up area…………………………………………………………………………….Sq. feet.
Number of floors constructed/semi constructed …………………………………………………
Category (Area Wise, for the purpose of calculation of circle rate) ………………………………
Approved Use……………………………………………………………………………………
Actual Use………………………………………………………………………………………
Year of construction…………………………………………………………………………….
Cost of construction…………………………………………………………………………….
Stamp Duty paid Rs.……………………………………………………………………………
Bounded as under:-
EAST:
WEST:
NORTH:
SOUTH:

WITNESSES:-
1. (Name, father’s name, address)
FIRST PARTY

2. (Name, father’s name, address)


SECOND PARTY

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

8. GIFT DEED

In India, property transfers as gifts are governed by the Transfer of Property Act, 1882 (“Act”). A gift
of a property involves transferring the ownership of one’s property to another person by executing a
gift deed. The gift deed is an instrument through which the immovable or movable property owner
transfers his/her property to another person without consideration as a gift.

The person gifting his/her property is called the donor, and the person accepting the gift is the donee.
The donor must voluntarily gift the property to the donee without considering the gift to be valid
under the Act. The donee should accept the gift within the lifetime of the donor for the gift to be legally
valid.

Registration of the gift deed is mandatory when the donor wishes to gift immovable property to the
donee. A gift deed must be executed out of love and affection towards the donee without any
consideration in return.

GIFT DEED
This deed of Gift is executed on ________ day of ______________ month _____________
year by Sri./Smt.__________________________, S/o./W/o._______________________,
occupation____________________,and aged__________ year residence at
_____________________________________________________ . herein after called the
DONOR.

In favour of Sri./Smt. __________________________


S/o./W/o._______________________________________, Occupation ____________________,
aged ________ years, residing at
_________________________________________________________________________________.
Herein referred to as the DONEE.

Whereas, the term Donor and Donee unless repugnant to the context shall mean and i
n c l u d e their representatives heirs, successors, executors, administrators,
trustees, legal representatives and assigns.

Whereas, the Donor herein, is the sole and absolute owner of immovable property
bearing No.___________ known as _____________________ situated
at_____________________ described in the schedule hereunder written and herein after
called the schedule property.

Whereas, the Donor is the absolute owner, having acquired the property, by____ ___
and since then Donor has been in possession and enjoyment of the schedule property
and paying taxes and levies thereon, as sole and absolute owner thereof.

Whereas the Donee is related to the Donor as ____________.

Whereas the Donor desires to grant the said land and premises described in the
schedule written hereunder and hereinafter referred as scheduled property to the
Donee as gift in consideration of natural love and affection subject to the condition
herein after mentioned.

NOW THIS DEED WITNESSETH that the Donor, without any monitory consideration and in
consideration natural love and affection which the Donor bears to the Donee hereby
grant and transfer by way of gift, the scheduled property situated at
___________________________together with all the things permanently attached thereto
or standing thereon and all the liberties, privileges, easements and advantages
appurtenant thereto and all the estates, rights, title, interest, use, inheritance,
possession, benefits, claims and demand whatsoever of the Donor TO HAVE AND TO HOLD

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II


the same unto the use of the Donee absolutely but subject to the payment of all
taxes, rates, assessments, dues and duties now and here after chargeable thereon to
the Government or local authorities.

Whereas the Donor hereby covenant with the Donee;


(a) That the Donor now has in himself, absolute right, full power, and absolute
authority to grant the said scheduled property hereby granted as gift in the manner
aforesaid.
(b) The Donee may at all times herein after peacefully and quietly enter upon, take
possession of the scheduled property and enjoy the said scheduled property as he
deems fit without any interruption, claim or demand whatsoever from or by the Donor
or his heirs, executors, administrators and assigns or any person or persons lawfully
claiming or to claim by from under or in trust for the Donor.
(c) AND FURTHER that the Donor and all persons having or lawfully claiming any
estate or interest whatsoever to the said scheduled property and premises or any
part thereof from under or in trust for the Donor or his heirs, executors,
administrators and assigns or any of them shall and will from time to time and at
all times hereafter at the request and cost of the Donee do and execute or cause to
be done and executed all such further and other acts, deeds, things, conveyances
and assurances in law whatsoever for better and more perfectly assuring the said
scheduled property and every part thereof unto and to the use of the Donee in the
manner aforesaid as by the Donee his heirs, executors, administrators and assigns
or counsel in law shall be reasonably required.

SCHEDULE OF THE PROPERTY


(Gifted under this deed)

All the piece and parcel of immovable property


bearing No.____________
Measuring _______________
Bounded by:-
On the East On the West : On the South : On the North :
Market value of the property gifted under this deed is Rs.
Rupees____________________________________only).

The Stamp duty is paid on the market value as computed above.

IN WITNESS WHEREOF the Donor as well as the Donee (by way of acceptance of
the said gift) have put their respective hands the day and year first herein above
written.

WITNESSES:
1. DONOR
2. DONEE

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

9. LEAVE AND LICENCE AGREEMENT

A leave and license agreement is one through which the licensee is allowed by the licensor to use and
occupy the licensor’s immovable property (or a portion of it), for a temporary period of time. The use
of such property can be residential or commercial - the terms of which are stated in this agreement.
The rent for such use is paid by the licensee to the licensor. Leave and license is usually granted for a
period of 11 months. Such terms and conditions are mentioned in the clauses of a leave and license
agreement between the parties.

DRAFT OF LEAVE AND LICENSE AGREEMENT

This Agreement is made at ...... this ...... day of ……......., 20___, between Mr. A
hereinafter referred to as 'the Licensor' of the One Part and Mr. B of ……………
hereinafter referred to as the 'Licensee' of the Other Part, as follows;

Whereas the Licensor is the owner of a piece of land at ………………………………... bearing


Survey No ... with a building consisting of …………. floor ...... having built up area
of about ..... square feet.

And Whereas the Licensee has approached the licensor with a request to allow the
Licensee to temporarily occupy and use a portion of the ...... floor of the said
building, admeasuring about ...... square feet for carrying on his ...... business,
on leave and license basis until the Licensee gets other more suitable accommodation.

And Whereas the Licensor has agreed to grant leave and license to the Licensee to
occupy and use the said ground floor portion of the said building and which portion
is shown on the plan hereto annexed by red boundary line on the following terms and
conditions agreed to between the parties hereto;

Now it is agreed by and between the parties hereto as follows.

1. The Licensor hereby grants leave and license to the Licensee to occupy and
use the said portion of the ground floor/....... floor of the said building of the
Licensor (hereinafter referred to as the Licensed Premises) for a period of eleven
months from ...... The Licensee agrees to vacate the said premises even earlier If
the Licensee secures any other accommodation in the locality where the said premises
are situated.

2. The Licensee shall pay to the Licensor a sum of Rs.... per month (calculated
at the rate of Rs.... per square foot) as License fee or compensation to be paid in
advance for each month on or before the ...... day of each month.

3. All the Municipal taxes and other taxes and levies in respect of the licensed
premises will be paid by the Licensor alone.

4. The electric charges and water charges for electric and water consumption in
the said licensed premises will be paid by the Licensee to the authorities concerned
and the Licensor will not be responsible for the same. For the sake of convenience,
a separate electric and water meter, if possible, will be provided in the said
premises.

5. The Licensee will be allowed to use the open space near the entrance to the
Licensed premises and shown on the said plan by green wash for parking cars during
working hours of the Licensee and not for any other time and no car or other vehicle
will be parked on any other part of the said plot.

6. The licensed premises will be used only for carrying on business and for no
other purpose.

7. The licensed premises have normal electricity fittings and fixtures. If the
Licensee desires to have any additional fittings and fixtures, the Licensee may do

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II


so at his cost and in compliance with the rules. The Licensee shall remove such
fittings and fixtures on the termination of the license failing which they shall be
deemed to be the property of the Licensor.

8. The licensed premises are given to the Licensee on personal basis and the
Licensee will not be entitled to transfer the benefit of this agreement to anybody
else or will not be entitled to allow anybody else to occupy the premises or any
part thereof. Nothing in this agreement shall be deemed to grant a lease and the
licensee agrees and undertakes that no such contention shall be taken up by the
Licensee at any time.

9. The Licensee shall not be deemed to be in the exclusive occupation of the


licensed premises and the Licensor will have the right to enter upon the premises
at any time during working hours to inspect the premises.

10. The Licensee shall maintain the licensed premises in good condition and will
not cause any damage thereto. If any damage is caused to the premises or any part
thereof by the Licensee or his employees, servants or agents the same will be made
good by the Licensee at the cost of the Licensee either by rectifying the damage or
by paying cash compensation as may be determined by the Licensor's Architect.

11. The Licensee shall not carry out any work of structural repairs or additions
or alterations to the said premises. Only such alterations or additions as are not
of structural type or of permanent nature may be allowed to be made by the Licensee
inside the premises with the previous permission of the Licensor.

12. The Licensee shall not cause any nuisance or annoyance to the people-in the
neighbourhood or store any hazardous goods on the premises.

13. If the Licensee commits a breach of any term of this agreement then
notwithstanding anything herein contained the Licensor will be entitled to terminate
this agreement by fifteen days' prior notice to the Licensee.

14. On the expiration of the said term or period of the License or earlier
termination thereof, the Licensee shall hand over vacant and peaceful possession of
the Licensed premises to the Licensor In the same condition In which the premises
now exist subject to normal wear and tear. The Licensee's occupation of the premises
after such termination will be deemed to be that of a trespasser.

IN WITNESS WHEREOF the parties hereto have put their hands the day and year first
hereinabove written.

Signed by the within named Licensor


Shri ................
in the presence of ............

Signed by the within named Licensee


Shri .......
in the presence of .........

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

10. PARTNERSHIP DEED


Partnership deed is referred to as a written legal document that contains agreement among
partners who have intention to run business with each other and share profit and losses.

DEED OF PARTNERSHIP

This deed of partnership is made on [Date, Month, Year] between:


1. [First Partner’s Name], [Son/Daughter] of [Mr. Father’s Name], residing
at [Address Line 1, Address Line 2, City, State, Pin Code] hereinafter referred
to as FIRST PARTNER.
2. [Second Partner’s Name], [Son/Daughter] of [Mr. Father’s Name], residing
at [Address Line 1, Address Line 2, City, State, Pin Code] hereinafter referred
to as SECOND PARTNER.
3. [Third Partner’s Name], [Son/Daughter] of [Mr. Father’s Name], residing
at [Address Line 1, Address Line 2, City, State, Pin Code] hereinafter referred
to as THIRD PARTNER.
4. [Fourth Partner’s Name], [Son/Daughter] of [Mr. Father’s Name], residing
at [Address Line 1, Address Line 2, City, State, Pin Code] hereinafter referred
to as FOURTH PARTNER.

Whereas, the parties hereto have agreed to commence business in partnership


and it is expedient to have written instrument of partnership. Now this
partnership deed witnesses as follows:

1. BUSINESS ACTIVITY: The parties here to have mutually agreed to carry on


the business of [Description of Business Activity Proposed].

2. PLACE OF BUSINESS: The principal place of the partnership business will


be situated at [Address Line 1, Address Line 2, City, State, Pin Code]

3. DURATION OF PARTNERSHIP: The duration of the partnership will be at


will.

4. CAPITAL OF THE FIRM: Initially the capital of the firm shall be Rs.
[Total Partners Contribution].

5. PROFIT SHARING RATIO: The profit or loss of the firm shall be shared
equally among all the partners and transferred to partner’s current account.

6. MANAGEMENT: The [First Partner] of the firm shall be Managing Partner


and he will look after all the day to day transaction of the firm and any
legal activities in the name of the firm and the remaining partners shall co-
operate to do so.

7. OPERATION OF BANK ACCOUNTS: The firm shall open a current account in


the name of [Partnership Firm Name] at any bank and such account shall be
operated by [First Partner] and [Second Partner] jointly as declared from time
to time to the Banks.

8. BORROWING: The written consent of all Partners will be required for the
partnership to avail credit facilities from any financial institution.

9. ACCOUNTS: The firms shall regularly maintain in the ordinary course of


business, true and correct accounts of all its transactions and also of all
its assets and liabilities, the property books of account, which shall
ordinarily be kept at the firm’s place of business. The accounting year shall
be the financial year from 1st April onwards and the balance sheet shall be
properly audited and the same shall be signed by all the Partners. Every
Partner shall have access to the books and the right to verify their
correctness.

10. RETIREMENT: If any partner shall at anytime during the subsistence of


the partnership, be desirous of retiring from the firm, it shall be competent

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II


from his to do so, provided he shall give at least one calendar month notice
of his intention of doing so. The remaining partner shall pay to the retiring
partner or his legal representatives of the deceased partner, the purchase
money of his share in the assets of the firm.

11. DEATH OF PARTNER: In the event of the death of any partners, one of the
legal representatives of the deceased partner shall become the partner of the
firm and in the event the legal representative show their denial to point the
firm, they shall be paid the part of the part of the purchase amount calculated
as on the date of the death of the partner.

12. ARBITRATION: Whenever there by any difference of opinion or any dispute


between the partners the partners shall refer the same to an arbitration of
one person. The decision of the arbitration so nominated shall be final and
binding on all partners, such arbitration proceedings shall be governed by
Indian Arbitration Act, which is in force.

In witness whereof, this deed of partnership is signed sealed and delivered


this [Day, Month, Year] at [City, State]:

FIRST PARTNER SECOND PARTNER

[Address Line 1] [Address Line 1]


[Address Line 2] [Address Line 2]
[City, State, Pin Code] [City, State, Pin Code]

THIRD PARTNER FOURTH PARTNER

[Address Line 1] [Address Line 1]


[Address Line 2] [Address Line 2]
[City, State, Pin Code] [City, State, Pin Code]

WITNESS ONE WITNESS TWO

[Address Line 1] [Address Line 1]


[Address Line 2] [Address Line 2]
[City, State, Pin Code] [City, State, Pin Code]

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

11. FRANCHISE AGREEMENT


A legal contract in which a well-established business consents to provide its brand, operational model
and required support to another party for them to set up and run a similar business in exchange for a
fee and some share of the income generated. The franchise agreement lays out the details of what duties
each party needs to perform and what compensation they can expect. It determines the terms and
condition for both the parties and binds the party.

DRAFT OF FRANCHISE AGREEMENT

This AGREEMENT entered into on the...............................day


of......................., 20..............

BETWEEN:

....................................................Limited a Company incorporate


under the Companies Act, 1956 or Companies Act, 2013, having its Registered Office
at..........................., represented herein by its...........................
Shri................................................. (hereinafter referred to as
the ''XYZ Limited '', which expression shall, whenever the context so requires or
admits mean and include its successors and assigns) of the ONE PART;

AND

M/s.................................................. a Partnership Firm, having


its place of Business at.............................. represented herein by its
Partner Shri............................. (hereinafter referred to as the ''AGENT'',
which expression shall, unless the context so requires or admits mean and include
its Partners for the time being, their heirs, legal representatives, executors and
permitted assigns) of the OTHER PART;

WHEREAS XYZ Limited is engaged interalia in the business of marketing......products


and are the owners of the trade name and trade mark ''XYZ'';

WHEREAS XYZ Limited is desirous of promoting........products under its trade name


and trade mark by setting up chain or retail outlets all over the country on its
own a also by appointing stockiest, retailers and franchises for the purpose of
setting up of retail outlets;

WHEREAS the Agent has offered to set up one such Retail Outlet in the City of.....
and has represented to XYZ Limited that it is in a position of invest necessary
capital and is also possessed of a suitable premises to set up and carry on the
Retail Outlet and XYZ Limited has accepted the said offer;

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

That in consideration of the foregoing, the Company hereby appoint M/s......... as


its Agent in the City of......... upon the following terms and conditions:

1. The retail outlet for marketing....... products under the name and style of
''XYZ'' shall be set up and run in the Premises made available by the Agent, which
premises is more fully described in the Schedule Premises''. The premises will be
made available free of cost or charges to XYZ Limited by the Agent during the
subsistence of this Agreement.

2. The Agent will meet and bear the entire cost of furnishing and decorating
the interior and exterior of the Schedule-Premises in accordance with the
specifications and requirements of XYZ Limited, particularly touching upon the
following aspects -- elevation, décor and interior design, selection of furniture,
fitting, counters and stands, lighting system, illumination, mannequins, window
display, air conditioning, fire fighting equipment, furnishings, flooring, etc. the
cost of which is estimated to be of the order of Rs..........................

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II


(Rupees.........................................) He shall also provide necessary
warehousing facilities and office space for the Company's' representations.

3. The name of the Shop shall be promptly and clearly displayed


as..........................;

4. XYZ Limited will make available from time to time to the Agent .......
products and shall be manufactured, sold or dealt in by XYZ Limited (hereinafter
collectively referred to as ''Stockiest'') and the Agent will take the Stocks on
consignment and sell the same in retail at prices fixed from time to time by the
XYZ Limited. The stocks shall at all times be the property of the XYZ Limited and
the Agent shall only be entrusted the Stocks for the purpose of enabling their
retails sale.

5. The Agent at his cost will employ necessary personnel to man and manage the
Retail Outlet to the entire satisfaction of XYZ Limited.

THE AGENT COVENANTS WITH THE COMPANY AS FOLLOWS:

1. It shall duly and promptly pay the owner of the Schedule Premises rents and
other charges and keep the lease subsisting and valid and ensure that the Schedule
Premises is always available for running of the Retail Outlet.

2. That it shall not directly or indirectly or in Partnership or Association,


with friends or relatives, or Companies engaged itself in business, which is same
or similar to the one being, carried on by XYZ Limited.

3. That it shall not sell, display or otherwise deal in any goods which are in
any way similar to the goods sold or dealt in by XYZ Limited.

4. That it shall not use the Company''s trade name and/or trademark in any
manner other than that which is permitted by XYZ Limited.

5. That all sales effected by the Agent shall be strictly for cash only.

6. That it shall furnish to XYZ Limited at such intervals as they may required
certified stocks statement of the stock of all goods held by the Agent giving full
and correct particulars thereof.

7. That it shall remit each day the entire sale proceeds of the preceding day
to the credit of the designated account of XYZ Limited, which may be indicated from
time to time and shall forthwith sent intimation of such remittances to XYZ Limited.

8. That it shall not draw, accept or endorse any Bill on behalf of the XYZ
Limited or in any way pledge the credit of XYZ Limited except with the previous
written authorization of XYZ Limited.

9. That it shall be at all times responsible to XYZ Limited for any damage
occasioned to the Stock either on account of the improper or negligent conduct on
the part of the Agent, its servants or agents or for any reason whatsoever and shall
make goods such loss to the XYZ Limited as and when demanded without demur.

10. That it shall furnish an irrevocable Bank Guarantee for a sum of


Rs.................. (Rupees.......................................) in favour of
XYZ Limited covering the value of the Stocks held by it on consignment and that the
said Bank Guarantee shall be enhanced from time to time as may be required by XYZ
Limited to bring it in conformity with the value of the Stocks held by the Agent.

11. That it shall keep proper accounts of all Stocks received, sold, damaged and
furnish to XYZ Limited each week full particulars of the Stocks and shall permit
XYZ Limited, its agents and servants to inspect all Books of Account, Records and
vouchers maintained in the Retail Outlet by it all reasonable times.

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

12. That it shall be responsible for any loss or damage sustained to the Stock
while in the custody of the Agent.

DURATION: The duration of this Agreement shall be for a period of..............


years commencing from..........On the expiry of this period of earlier, the Agreement
may be extended for such further period and on such terms as the parties may be
mutually agreed in writing.

This Agreement is however terminable as follows:

a. by either party giving the other................. days notice in writing;

b. by XYZ Limited unilaterally without assigning any reasons

i. if the agent is found guilty of misconduct, or


ii. commits a breach of any of the provisions of the Agreement, or
iii. is dissolved, or
iv. any suit or other proceedings are instituted for winding up, or
v. commits any act of bankruptcy,
vi. suffers any execution or distress.

CONSIDERATION: In consideration of the foregoing, the Agent shall be entitled to a


commission at the rate of......% of the net sale price realized by it in the Retail
Outlet by sale of the Stocks. The expression net sale price shall mean the selling
price of the Stocks excluding Sales Tax, local taxes and other levies imposed upon
the sale or purchase of the Stocks and/or on the total turnover, packing and
forwarding charges and gift wrapping charges.

The commission shall be payable by XYZ Limited on or before the.......... Day of


the succeeding month for which it is due upon receipt of the monthly statement of
sales and realization of the sale proceeds.

ASSIGNMENT: This Agreement or the benefit there from shall not be assignable or
transferable by the Agent in favour of anyone without prior written consent of the
company.

SECURITY DEPOSIT: In order to ensure XYZ Limited the due performance of its
obligations under this Agreement, the Agent has this day deposited a sum of
Rs................. (Rupees.....................................) by Pay Order
bearing No..........dated.......... drawn on............. Bank...............
Branch,......................, in favour of XYZ Limited as Security Deposit. The
said amount will be refundable upon the termination of this Agreement, free of
interest, in the event of there being no outstanding claim against the Agent by XYZ
Limited. XYZ Limited will however be entitled to appropriate and adjust and amounts
which may be due to it from the Agent from out of the Security Deposit.

JURISDICTION: This Agreement is executed at.................City and it is hereby


agreed that Court situated in............ city alone will have exclusive
jurisdiction over any matter arising under this Agreement to the execution of Courts
situated in any part of the country.

SCHEDULE

Premises bearing No...................................... situated


at............................................................................
admeasuring and bounded as follows:

MEASUREMENTS
East to West:
North to South:

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II


BOUNDARIES
ON THE EAST
WEST
NORTH
SOUTH

IN WITNESS WHEREOF the parties above named have executed these presents in the
presence of the Witnesses attesting hereunder on the dates and place mentioned
herein below:

Place:
Dated:

For XYZ Limited,

WITNESSES

1. ()
2. ()

Agent

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

12. INDEMNITY BOND

An indemnity bond assures the holder of the bond, that they will be duly compensated in case of a
possible loss. An indemnity bond gives the legal right to collect from the principal any amount that the
surety has paid out in a claimed situation. As per the agreement, it requires that the company pay a
premium. For example, if the surety company must pay another contractor to complete the project, the
surety company will make a demand on the bonded contractor that they pay for this expense. The
surety company can sue the contractor if they fail to do so.

DRAFT OF THE INDEMNITY BOND


(On non-judicial stamp of adequate value)

In consideration of Union Bank of India (hereinafter called the “Bank”) having


agreed to pay the undersigned-----------------------------------------------------
----------------------------------------------------------------------------------
------------------------------ inhabitant/s of ------------------the amount of Rs.-
-----------------(Rupees……………………………………………………………………………) lying to the credit of
Current account No.-------------------/Savings Bank No.---------------------
/Deposit account no.------------------------------in the name of -----------------
--------------------- with the -------------------------Branch of the said bank on
the strength of representation made by the said----------------------------------
-------as the only surviving heir/s/legal representative/s of the said -----------
----------(who died on --------)that he/she/they is/are solely entitled to the same
without insisting on succession certificate/probate/letter of administration or
other legal representation to the estate of the said deceased or a certificate from
the Controller of Excise Duty to the effect that the estate duty has been paid or
will be paid or none is due.

I/We----------------------------, the undersigned--------------------------as


principals and--------------------------------------------------------------------
----------------------------as sureties for themselves, their heir/s, executors and
administrators do hereby covenant from time to time and at all times, hereafter to
save, defend and keep harmless and indemnified the said bank, its successors and
assigns of from and against all actions, suits, proceedings, accounts, claims and
demands for or in respect of the said monies on the part of any persons or firms
claiming under in the right of the said (name of the deceased)--------------------
-------------------and from against all costs, damages and liabilities in connection
there with.

Signed and delivered by the within named


------------------------------------------------
------------------------------------------------as principals
and----------------------------------------------
-----------------------------------------------
as sureties

At----------------this----------------day---------------of----------------two
thousand and-------------
in the presence of -----------------------------------------

SEAL

NOTARY/MAGISTRATE

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

13. BOARD RESOLUTION

A Board Resolution is a formal document that helps to identify the roles of corporate offices and the
result of any votes or decisions the board makes regarding the company. Usually, they are written
when a new member is voted into the board. But they are also used when and/or if the company wants
to expand, hire, or let go of a large amount of workers; sell shares; buy any form of intellectual property
rights; and/or any other major decision that will affect the company in a significant way. Board
Resolutions can be found in the board minutes, and provide an accurate record of decisions made at a
board meeting.

BOARD RESOLUTION FORMAT

CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF
DIRECTORS OF (Company Name) HELD ON (Date) AT (Address)

RESOLVED THAT the company has decided to authorize, Mr./ Ms.


_____________________________ ___________________ having Permanent Account Number
(PAN) _____________ and is hereby authorized to sign and submit all the necessary
papers, letters, forms, etc to be submitted by the company in connection with
“authorizing any of the personnel of the company (applican t) to enrol for Digital
Certificate (DSC/eSign)”.

The acts done and documents shall be binding on the company, until the same is
withdrawn by giving written notice thereof.

RESOLVED FURTHER THAT, a copy of the above resolution duly certified astrue by
designated director / authorised signatory of the company be furnished to eMudhra
Limited and such other parties as may be required from time to time in connection
with the above matter.

For the Organization,

(Seal & Signature)

Name: __________________________________

Designation: ______________________

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

14. MEMORANDUM OF UNDERSTANDING

A memorandum of understanding, or MOU, is defined as an agreement between parties and can be


bilateral (two) or multilateral (more than two parties). The MOU serves as an expression of aligned will
between the parties in question and depicts the intent of a common line of action.

This Memorandum of Understanding (the “MOU”) is entered into ____________________


(the “Effective Date”), by and between ________________________, with an address
of _____________________________ (“[Name]”) and _________________, with an address
of _______________________________, (“[Name]”), also individually referred to as
“Party”, and collectively “the Parties.”

WHEREAS, the Parties desire to enter into an agreement to


____________________________________________________________________________; and

WHEREAS, the Parties desire to memorialize certain terms and conditions of their
anticipated endeavor;

NOW THEREFORE, in consideration of the mutual promises and covenants contained


herein, the Parties agree as follows:

1. Purpose and Scope. The Parties intend for this MOU to provide the foundation and
structure for any and all possibly anticipated binding agreement related to
_______________________________________________________________________.

This MOU should not establish or create any type of formal agreement or obligation.
Instead, it is an agreement between the Parties to work together in such a manner
to encourage an atmosphere of collaboration and alliance in the support of an
effective and efficient partnership to establish and maintain objectives and
commitments with regards to all matters related to
___________________________________________________.

2. Objectives. The Parties agrees as follows:

1. The Parties shall work together in a cooperative and coordinated effort so


as to bring about the achievement and fulfillment of the purpose of the
MOU.
2. It is not the intent of this MOU to restrict the Parties to this Agreement
from their involvement or participation with any other public or private
individuals, agencies, or organizations.
3. The Parties shall mutually contribute and take part in any and all phases
of the planning and development of
__________________________________________to the fullest extent possible.
4. This MOU is not intended to create any rights, benefits, and/or trust
responsibilities by or between the Parties.
5. The MOU shall in no way obligate either Party to supply funds to maintain
and/or sustain _______________________________________________.

3. Term. This Agreement shall commence upon the Effective Date, as stated above,
and will continue until ___________________.

4. Termination. This Agreement may be terminated at any time by either Party upon
______ days written notice to the other Party.

5. Representations and Warranties. Both Parties represent that they are fully
authorized to enter into this Agreement. The performance and obligations of either
Party will not violate or infringe upon the rights of any third-party or violate
Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II


any other agreement between the Parties, individually, and any other person,
organization, or business or any law or governmental regulation.

6. Indemnity. The Parties each agree to indemnify and hold harmless the other
Party, its respective affiliates, officers, agents, employees, and permitted
successors and assigns against any and all claims, losses, damages, liabilities,
penalties, punitive damages, expenses, reasonable legal fees and costs of any kind
or amount whatsoever, which result from the negligence of or breach of this Agreement
by the indemnifying party, its respective successors and assigns that occurs in
connection with this Agreement. This section remains in full force and effect even
after termination of the Agreement by its natural termination or the early
termination by either party.

7. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE


TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF
THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT
OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, WHICH ARE NOT RELATED TO
OR THE DIRECT RESULT OF A PARTY’S NEGLIGENCE OR BREACH.

8. Severability. In the event any provision of this Agreement is deemed invalid


or unenforceable, in whole or in part, that part shall be severed from the remainder
of the Agreement and all other provisions should continue in full force and effect
as valid and enforceable.

9. Waiver. The failure by either Party to exercise any right, power, or privilege
under the terms of this Agreement will not be construed as a waiver of any subsequent
or future exercise of that right, power, or privilege or the exercise of any other
right, power, or privilege.

10. Legal Fees. In the event of a dispute resulting in legal action, the successful
party will be entitled to its legal fees, including, but not limited to its
attorneys’ fees.

11. Legal and Binding Agreement. This Agreement is legal and binding between the
Parties as stated above. This Agreement may be entered into and is legal and binding
both in the United States and throughout Europe. The Parties each represent that
they have the authority to enter into this Agreement.

12. Governing Law and Jurisdiction. The Parties agree that this Agreement shall
be governed by the State and/or Country in which both Parties do business. In the
event that the Parties do business in different States and/or Countries, this
Agreement shall be governed by ____________________ law.

13. Entire Agreement. The Parties acknowledge and agree that this Agreement
represents the entire agreement between the Parties. In the event that the Parties
desire to change, add, or otherwise modify any terms, they shall do so in writing
to be signed by both parties.

The Parties agree to the terms and conditions set forth above as demonstrated by
their signatures as follows:

Name
Signed: _____________________________________
Name: _____________________________________
Date: _____________________________________

Name
Signed: _____________________________________
Name: _____________________________________
Date: _____________________________________

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

15. CONFIDENTIALITY AGREEMENT


A confidentiality agreement is a legal agreement that binds one or more parties to non-disclosure of
confidential or proprietary information. A confidentiality agreement is often used in situations wherein
sensitive corporate information or proprietary knowledge is not to be made available to the general
public or to competitors. A non-disclosure agreement (NDA) is a particular type of confidentiality
agreement.

CONFIDENTIALITY / NON-DISCLOSURE AGREEMENT

This agreement is made between ________________________("Employee") and [Company


Name] on __________________20___.

Employee will perform services for [Company Name] that may require [Company Name]
to disclose confidential and proprietary information ("Confidential Information")
to Employee. (Confidential Information is information and data of any kind concerning
any matters affecting or relating to [Company Name], the business or operations of
[Company Name], and/or the products, drawings, plans, processes, or other data of
[Company Name] not generally known or available outside of the company.)

Accordingly, to protect the Confidential Information that will be disclosed during


employment, the Employee agrees as follows:

Employee will hold the Confidential Information received from [Company Name] in
strict confidence and will exercise a reasonable degree of care to prevent disclosure
to others.

Employee will not disclose or divulge either directly or indirectly the Confidential
Information to others unless first authorized to do so in writing by [Company Name]
management.

Employee will not reproduce the Confidential Information nor use this information
commercially or for any purpose other than the performance of his/her duties for
[Company Name].

Employee will, upon request or upon termination of his/her relationship with [Company
Name], deliver to [Company Name] any drawings, notes, documents, equipment, and
materials received from [Company Name] or originating from employment with [Company
Name].

[Company Name] will have the sole right to determine the treatment of all inventions,
writings, ideas and discoveries received from Employee during the period of
employment with [Company Name], including the right to keep the same as a trade
secret, to use and disclose the same without prior patent applications, to file
copyright registrations in its own name, or to follow any other procedure as [Company
Name] may deem appropriate.

[Company Name] reserves the right to take disciplinary action, up to and including
termination, for violations of this agreement in addition to pursuing civil or
criminal penalties.

This agreement will be interpreted under and governed by the laws of the state of
____________.

All provisions of this agreement will be applicable only to the extent that they do
not violate any applicable law and are intended to be limited to the extent necessary
so that they will not render this agreement invalid, illegal or unenforceable. If
any provision of this agreement or any application thereof will be held to be
invalid, illegal or unenforceable, the validity, legality and enforceability of
other provisions of this agreement or of any other application of such provision
will in no way be affected thereby.
Immunity from Liability for Confidential Disclosure of a Trade Secret to the
Government or in a Court Filing:

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II


(1) Immunity—An individual will not be held criminally or civilly liable under any
federal or state trade secret law for the disclosure of a trade secret that (A) is
made (i) in confidence to a federal, state or local government official, either
directly or indirectly, or to an attorney and (ii) solely for the purpose of
reporting or investigating a suspected violation of law or (B) is made in a complaint
or other document filed in a lawsuit or other proceeding, if such filing is made
under seal.

(2) Use of Trade Secret Information in Anti-Retaliation Lawsuit—An individual who


files a lawsuit for retaliation by an employer for reporting a suspected violation
of law may disclose the trade secret to the attorney of the individual and use the
trade secret information in the court proceeding, if the individual (A) files any
document containing the trade secret under seal and (B) does not disclose the trade
secret, except pursuant to court order.

Employee represents and warrants that he or she is not under any pre-existing
obligations inconsistent with the provisions of this agreement.

Signing below signifies that the Employee agrees to the terms and conditions of the
agreement stated above.

_____________________________ ____________________________________
Employee [Company Name]
Representative Name/Title

_____________________________ ____________________________________
Employee Signature [Company Name] Representative
Signature

_____________________________ _____________________________________
Date Date

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)


lOMoARcPSD|22703639

DRAFTING PLEADING CONVEYANCING - II

16. REGISTRATION OF DOCUMENTS

The final output of a property transaction is a document. The registration of property documents is a crucial facet
in property transactions. A property document will be invalid and essentially useless if the document was
required to be registered and registration was not done. When a document is registered, a copy of the document
is kept with the registration office. Registration serves a very limited but crucial function in property transactions.

In India, it is mandatory to register all property transactions as per the provisions of the Registration Act, 1908.
The transfer of immovable assets has to be recorded to obtain the rights of the property on the execution date of
the deed. The Department Registration and Stamp is liable for property registration in the State of Maharashtra.
In this article, we look at the procedure for Maharashtra property registration in detail.

Section 25 of the Maharashtra Registration Act: As per the Section 25 of the Maharashtra Registration Act, the
document expected for registering a property deed has to be furnished within four months from the date of
property registration to the respective Registrar officer. In case of violating on preceding, a fine imposed to ten
times of the value of property registration fee will be remitted in such case of property registration.

Benefits of Property Registration


The following advantages can be performed by registering the property deed.
• To provide a guarantee of the genuineness of the deed.
• To ensure avoidance of frauds, conservation of evidence, the transfer of title to the owner.
• To afford publicity for transactions.
• To manage an up to day public record by registering a property.
• To afford the ability to determine whether the property has already been sold.
• To produce security of title deeds and to prove titles in case the original deeds are lost or destroyed.

Eligibility Criteria:

As per the provisions under Section 32 of the Registration Act, 1908 deals with the terms representing the
presenting of documents for registration by a person. The document which is to be registered under the
prerequisites of the Act has to be presented at the respective registration office by the concerned person or the
representative or by the authorised agent as stated in Section 33 of the Registration Act, 1908.

Registerable Documents:

As a general rule of thumb, any document affecting the rights of a person in a immovable property is required to
be registered. The primary exception to this general rule is a Will. Section 17 of the Indian Registration Act, 1908
requires compulsory registration of the following property documents:

- Instruments of gift of immovable property.


- Instruments (other than a will) Â which affect rights in any immovable property.
- Instruments (other than a will) Â which acknowledge the receipt or payment of any consideration for
affecting rights in immovable property.
- Leases of immovable property for any term exceeding one year or provide for a yearly rent.
- Instruments (other than a will) transferring or assigning any decree or order of a court or any award
affecting rights in immovable property.

The following property documents are not required to be registered:


- Any document which merely creates a right to obtain another document which when executed will affect
rights in immovable property. An agreement to sell is an example of one such document. A contract for
the sale of immovable property would not require registration even if it provides for the payment of any
earnest money or of the whole amount.
- Any decree or order of a court except a decree or order expressed to be made on a compromise and
comprising immovable property other than that which is the subject matter of the suit or proceeding.
- Any grant of immovable property by the government.
- Any instrument of partition made by a revenue officer.
- Any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the
mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt
does not purport to extinguish the mortgage.
- Any certificate of sale granted to the purchaser of any property sold by public auction by a civil or
revenue officer.

Aneel U / 2023

Downloaded by Ashok Gupta (ashok.gupta2302@gmail.com)

You might also like