DRAFTING OF DEEDS
Presented By
Gaurav Rustagi.
Contact 9313198281
Rules of Drafting
some do’s:
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Avoid unnecessary repetition
Write shorter sentences
Choose the right words
Prefer the active to the passive sentences
Express the ideas in fewer words
Know exactly the meaning of the word &
sentences you are writing.
Put yourself in place of reader, read the documents and satisfy
yourself about the content, interpretation and sense it carries.
Rules of Drafting
Some don’t:
Avoid the use of words of same sound
(Employer & Employee)
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we should avoid the use of words
“Less than” or “more than”, we must
use “not exceeding”
Components of Deeds
1.
2.
3.
4.
5.
6.
7.
8.
9.
Deed title
Place & date of execution
Description of parties
Recitals
Testatum
Consideration
Receipt clause
Operative clause
Description of property
cntd.
Components of Deeds
10.
11.
12.
13.
14.
15.
16.
17.
Exceptions & Reservations
Parcels clause
Premises & habendum
Covenants & undertakings
Testimonial Clause
Signature and attestation
Endorsement & Supplemental deeds.
Annexure or schedules.
Deed Title :- The deed should
contain the correct title such as
“ This Deed of Sale”
“ This Deed of Gift”
“ This Deed of Conveyance”
“ This Deed of Exchange”
“ This Deed of Lease”
But the word “This Deed” should
written as “THIS DEED”
Date & Place
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Date in the context of deed is the date on which deed has been
executed.
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If a deed is undated, deed is valid subject to burden of proof.
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Date should be written in words and in figures.
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The place is the territorial and legal jurisdiction.
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An illustration of this part follows:“THIS DEED of Lease made at Gurgaon on the First day of
June,two thousand eight(01.06.2008)”.
Description of parties
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Parties name should be clearly described.
While describing the parties always transferor should
be mentioned first and the transferee comes in the
last.
Full description of the parties should be given for
identification. Description must be given in following
order.
Names comes first, then surname and thereafter
address followed by other description such as s/o,
w/o, d/o etc…
Recitals
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Recitals contain the short story of the property up
to its vesting into its transferors. Recitals should be
short & intelligible.
Recitals generally begins with the words
“WHERE AS “ and when there are several recitals
instead of repeating the words “WHERE AS” before
each and every one of them, it is better to divide
the recitals into numbered paragraphs for example,
“WHERE AS”
1.
2.
3.
Testatum
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This is the “witnessing” clause which refers to the
introductory recitals agreement, if any, and also
states the consideration.
Witnesses clause usually begins with the words
“NOW THIS DEED WITNESSES”
if more than one observation then this clause can be
written as
“NOW THIS DEED WINTNESSES AS FOLLOWS”
1.
2.
Consideration & Receipt
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Consideration is very important in a document and
must be expressed.
Receipt is the acknowledgement of the consideration
amount by the transferor, who is supposed to
acknowledgment the receipt of the amount.
Example:“Now this deed the witnesses that in pursuance of
the aforesaid agreement and in consideration of sum
of Rs. 100000(Rupees one lakh only) paid by the first
party to the second party before the execution
thereof receipt of which the second party does
hereby acknowledge)
Description of property
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Registration laws in india require full
description of property for example
Side east, west, north, south etc.
area, location, permitted use, survey
no.
Parcels clause
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This is a technical expression.
Usually starts with the words
“All Those…………………………”
Unless a different intention is expressed or
necessarily implied, a transfer of property
passes forthwith to the transferee all the
interest which the transferor is then capable
of passing in the property, and in the legal
incidents there of.
Exceptions & reservations
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This clause generally signified by the
use of words “subject to” in
deeds,where it is mentioned, it is
advisable that both the parties sign, to
denote specific understanding and
consenting to this aspect.
Premises & Habendum
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Habendum is a part of deed which
states the interest, the purchaser is to
take in the property. This Clause starts
with the words
“THE HAVE AND TO HOLD”
Covenants & Undertakings
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Means agreement or consideration or
promise by the parties generally starts
with
“The parties aforesaid hereto hereby
mutually agree with each other as
follows”
Testimonium clause
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This clause is the last part of deed.
It signifies that the parties to the
document have signed the deed.
generally written as
“ In witness whereof the parties hereto
have signed this day on the date
above written.”
Signature & Attestation Clause
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Attestation is necessary in the case of
some transfer like mortgage, gift, sale
etc.
Signature of all of parties to the deed
should be attested and witnessed by
two parties.
Endorsement & Supplemental
deeds
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Endorsements means write of back for
eg. Cheque, bill of exchange etc…
Supplementary deed is the one which is
entered between two parties on same
subject on which there is a prior
document exists.
Annexure or Schedules
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Annexure means like site plan or map
plan showing exact location of property
like survey no. , gali no. sector etc .