BABASHEB BHIM RAO AMBEDKAR

UNIVERSITY, LUCKNOW

Subject- Drafting, Pleading and Conveyancing

(PAPER CODE LB-902)
Submitted to- DR. Amit Kumar Singh
Submitted by- Kishan Chaturvedi
Roll No-
Class- IX Semester (BBA.LLB. hons), Department of
law, School of Legal Studies.
Project Title - Drafting, Pleading and Conveyancing

0
S/no Title Page/No

1. ACKNOWLEGEMENT ……………………………………2
2. DECLARATION …………………………………… 3
3. RESEARCH METHODOLOGY ………………………......4
4. Chapter 1- Drafting ……………………………….5-23
5. . Introduction ……………………………………………………..5-6
6. FIR ……………………………………………………………...7-11
7. Complaint……………………………………………………….12-16
8. Maintenance……………………………………………………17-23
9. Chapter 2 – Pleading…………………………….23
10.Plaint, affidavit of plaint, written statement, affidavit to written
statement………………………………………………………23-33
11.Rent agreement……………………………………………….34-41
12.Chapter 3 – Conveyancing………………………42
13.. Conveyancing…………………………………………….……42
14. Will………………………………………………………........43-46
15. Writ………………………………………………………….47-55
16. Partnership Deed……………………………………………56-61
17.Gift …………………………………………………………..62-65
18.Sale…………………………………………………………..66-70

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ACKNOWLEGEMENT
First and foremost, I would like to express my sincere gratitude to my
teacher, DR. Amit Kumar Singh, who has been a constant source of
guidance and support throughout this assignment. His advice has
helped me to develop my ideas. Without his support, this work would
not have been possible. I would also like to thank the friends and peers
of my institution, who have provided me with the necessary resources
and support to complete this project. Their support and belief in my
abilities have been a source of inspiration and motivation. In
conclusion, I would like to thank everyone who has contributed to the
successful completion of this work. Your support and encouragement
have been invaluable, and I am truly grateful for your assistance.
KISHAN CHATURVEDI

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DECLARATION

I hereby declare that the project titled Drafting, Pleading and

Conveyancing researched and submitted by me to BABASAHEB
BHIMRAO AMBEDKAR UNIVERSITY, LUCKNOW in partial
fulfilment of the requirement for submission under the guidance and
supervision of Prof. DR. Amit Kumar Singh is an original and bona-
fide work carried out in academic interest. This work has not been
submitted to any institution. These views expressed in this work are
mine and do not represent any person, organization or community.

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RESEARCH METHODOLOGY

(I) Title of the Project

“Drafting, Pleading and Conveyancing”

(II) OBJECTIVE

The primary objective of the project is to state the basic

concept of the topic. The project aim is limited but is to give
a general overview of the topic.

(III) METHOD

The research method adopted is doctrinal due to the limited

knowledge of the researcher about the topic.

(IV) SOURCE OF DATA

Secondary source of data consisting of books article and

various e-resources have been used in the study.

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Chapter 1- Drafting
Introduction
“The act of writing legal documents” is known as drafting. The main
feature is to represent all the relevant statements and issues. The main aim
of drafting is to give accuracy and true statements.
The process of drafting involves three drafts which are as follows:
The first draft focuses on the facts should be properly mentioned.
The second draft works on the first draft’s language correction in a proper
form.
The final draft gives an authenticated finish of the legal document to
convince the concerned authority.
The basic purpose of drafting is to provide ideas and proper information. Its
main aim is to provide clear and concise data which can be easily understood
by the clients and can satisfy the wants of them.
PRINCIPLES GOVERN DRAFTING
It generally includes four principles which are:
FORMATION OF OUTLINE IN A SATISFACTORY MANNER:
Draft is a frame of any document. It means that the final prepared
document should flesh out all the relevant issues. A draft should contain
all the details which are essential and the language used should not be
obscure.
EMPHASIS ON THE ARRANGEMENT OF FACTS: Trench
significance should be given to the mode of the arrangement of the
facts. The facts should be arranged in a good manner to present an
appropriate frame. There must be compatibility before presenting the
ideas.
STYLE AND LANGUAGE: It is an integral factor for the transfer of an
idea. There must be clear and emphasise thinking. The style used must be
legal terms so that the facts can be easily understood in a precise manner.
Grammar mistakes, repetitions, spellings, should be avoided .
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PHYSICAL CHARACTERISTICS:
The draft must be made on a paper i.e. the size of the paper (20 by 30 cms)
which includes a margin of 4 cms from the top and left.
RULES OF DRAFTING:
There are various rules of drafting which are mentioned below:
 Before making a draft, a design of it should first be conceived.
 One should make sure that none of the facts are omitted or admitted
at random.
 Negative statements should generally be avoided.
 Technical language should be followed.
 The legal language employed should be precise and accurate.
 Draft should be readily intelligible.
 Due care and attention should be placed on the rules of legal
interpretation and the case law pertaining to the related matter.
 The drafted document should be clearly understood by a person who
has competent knowledge of the subject matter.
 The draft should be self-explanatory as far as possible.
 The draft should be divided into paras and each para should contain a
distinct subject matter.
 Arrangement of facts should be done logically.
 Use numbers and letters for sub-clauses and paragraphs.
 Choices of words should be such that they easily convey the meaning
of the writer.
 The words used should reflect politeness to convey more in a kind,
natural and justifiable manner.
 The draft should be read once or twice before passing it for
consideration.

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 First Information Report (FIR)

First Information Report (FIR) is a written document prepared by the

police when they receive information about the commission of a cognizable
offence.It is a report of information that reaches the police first in point of
time and that is why it is called the First Information Report.
The first information report means information recorded by a police officer
on duty given either by the aggrieved person or any other person to the
commission of an alleged offence. Based on first information report, the
police commence its investigation. Section 154 of the Code of Criminal
Procedure, 1973 defines as to what amounts to first information.
In order to constitute an FIR in terms of section 154 of the Code of Criminal
Procedure, 1973 two conditions are to be fulfilled: -

(a) what is conveyed must be an information; and

(b) that information should relate to the commission of a cognizable offence

on the face of it.

In other words, FIR is only a complaint to set the affairs of law and order in
motion and it is only at the investigation stage that all the details can be
gathered. In one of the judgments, the Madhya Pradesh High Court observed
that the report of the crime which is persuading the police machinery
towards starting investigation is FIR, subsequent reports are/were written,
they are not hit under section 161 of the Code of Criminal Procedure, 1973
and cannot be treated as such.
First Information Report (FIR) can be filed by any person. He need not
necessarily be the victim or the injured or an eyewitness. First Information
Report may be merely hearsay and need not necessarily be given by the
person who has firsthand knowledge of the facts.
An FIR can be filed in the police station of the concerned area in whose
jurisdiction the offence has occurred. A first are to obtain information about

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the alleged criminal activity so as to be able to take suitable steps for tracing
and bringing to book the guilty person.

Its secondary though equally important object is to obtain early information

of an alleged criminal activity and to record the circumstances before the
trial, lest such circumstances are forgotten or embellished.
Following are the reports or statements which do not amount to be
an FIR:
1. A report or a statement recorded after the commencement of the
investigation (sections 162 and 163 of the Code of Criminal
Procedure, 1973).
2. Reports not recorded immediately but after questioning of
witnesses.
3. Reports recorded after several days of developments.
4. Information not about occurrence of cognizable offence but only
cryptic message in the form of an appeal for immediate help.
5. Complaint to the Magistrate.
6. Information to beat house.
7. Information to the Magistrate or police officer on phone.
8. Information received at police station prior to the lodging of an
F.LR.

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APPLICATION FOR F.I.R.
Relating To Complaint In a serene and closely-knit neighbourhood in India, Mr. Arvind, an
upstanding and law-abiding citizen, has been thrust into the throes of a grave injustice. The
tranquillity of his life was shattered one fateful evening as he was returning home from a long
day's work. On that ill-fated night, Mr. Arvind found himself the victim of a heinous and brutal
assault, perpetrated by a group of unknown assailants who emerged seemingly from the
shadows.

The shockwaves of the assault reverberated through the quiet streets, leaving Mr. Arvind not
only deeply traumatized but also physically injured. With unwavering resolve and a belief in
the principles of justice, Mr. Arvind wasted no time in doing what he believed was right. He
made his way to the local police station, battered and bruised, and beseeched the officers there
to register a First Information Report (FIR) concerning the incident.

However, what should have been a straightforward process, mandated by the Code of Criminal
Procedure (CrPC) and fundamental to the administration of justice, transpired into a perplexing
ordeal. To his dismay, the police officers present refused to register the FIR, offering an array
of justifications for their unwillingness to do so.

Their rationale for denying Mr. Arvind's plea was multifaceted. They cited the lack of concrete
evidence or eyewitness accounts, which they contended made it challenging to initiate an
investigation. Furthermore, the assailants remained unidentified, adding a layer of complexity
to the case. The officers also expressed concerns regarding the workload at the police station
and implied that the case might not be a priority in their list of pending matters.

Dismayed, but undeterred, Mr. Arvind now finds himself confronted with a pressing challenge
- to compel the authorities to acknowledge the gravity of his ordeal, register the FIR, and
thereby instigate an earnest investigation into the assault that has left him scarred, both
physically and emotionally.

In the face of this grievous injustice, you are tasked with providing advice to Mr. Arvind on
how to navigate this distressing situation and advocate for his rights.

9
APPLICATION FOR F.I.R.
From,

Mr. Arvind

R/o 672-D, Tilak Nagar,

Lucknow-226032

Date: 26/11/2023

To,

The Police Inspector,

SGI Police Station

Lucknow- 226032

Subject: Complaint against Unknown and unidentified people under section 323

Sir,

Mr Arvind, resident of abovementioned address do hereby states that,

1. That I’ am living in 672-D Tilak Nagar, Behind Pwd Office, Lucknow- 226032 with

my wife and two daughters. My working hour ends at 6 pm and it takes me about half

an hour to reach home.

2. That on 26/11/2023 I was returning home after work and the neighbourhood from where

I pass by is serene and closely-knit. Around 8:30 pm, a group of unknown and

unidentified assailants appeared from the shadows and they attacked me and kept on

assaulting me punching kicking and beating brutally.

3. That as soon as they slowed down assaulting me, I got up and started running, I ran

towards the nearest Police Station.

4. That before entering Police Station, I checked my valuables and realised that they didn’t

take anything but just committed assault on me.

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5. That I sustained physical injuries like bruises, cramps, sprain and cuts. I’ am also

traumatised by the incident.

6. I, therefore hereby lodge my complaint against that group of assailants under above

mentioned sections for assault and voluntarily causing hurt, as well as further pray that

they should be dealt according to the law and hope for justice to be delivered.

Yours Faithfully

Mr. Arvind

R/o 672-D Tilak Nagar, Behind Pwd Office,

Lucknow- 226032

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 Complaint
The code of criminal procedure defines the term complaint' as any
allegation made orally or in writing to a Magistrate. It's done with a
view to his taking action under this Code, that some person, whether
known or unknown, has committed an offence, but does not include a
police report.
Cognizance by Magistrate Section 190:
Cognizance’ in general meaning is said to be knowledge or notice',
and taking cognizance of offences means taking notice, or becoming
aware of the alleged commission of an offence. The dictionary meaning
of the word cognizance is judicial hearing of a matter. The judicial
officer will have to take cognizance of the offence before he could
proceed with the conduct of the trial. Taking cognizance does not
involve any kind of formal action but occurs as soon as a magistrate as
such applies his mind to the suspected commission of an offence for
the purpose of legal proceedings. So, taking cognizance is also said to
be the application of judicial mind.

It includes the intention of starting a judicial proceeding with respect

to an offence or taking steps to see whether there is a basis for starting
the judicial proceeding. It is trite that before taking cognizance that
court should satisfy that ingredients of the offence charged are there or
not. A court can take cognizance only once after that it
becomes functus officio.

If a magistrate involves his mind not for reason of proceeding as

mentioned above, but for taking action of some other kind, example
ordering investigation under Section 156(3) or issuing the search
warrant for the purpose of the investigation, he cannot be said to have
taken cognizance of offence. Taking cognizance is the first and
foremost steps towards the trail. The judicial officer will have to take
cognizance of the offence before he could proceed to conduct or trail.

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In Section 190, Any Magistrate of the first class and the second class
may take cognizance of any offence:
Upon receiving a complaint of facts related to offences.
Upon police reports of facts.
Upon information received from a person (other than a police officer),
or upon his own knowledge.
Section 200-203 talks about complaint to magistrate.

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APPLICATION FOR COMPLAINT
Relating To Complaint In a serene and closely-knit neighbourhood in India, Mr. Arvind, an
upstanding and law-abiding citizen, has been thrust into the throes of a grave injustice. The
tranquillity of his life was shattered one fateful evening as he was returning home from a long
day's work. On that ill-fated night, Mr. Arvind found himself the victim of a heinous and brutal
assault, perpetrated by a group of unknown assailants who emerged seemingly from the
shadows.

The shockwaves of the assault reverberated through the quiet streets, leaving Mr. Arvind not
only deeply traumatized but also physically injured. With unwavering resolve and a belief in
the principles of justice, Mr. Arvind wasted no time in doing what he believed was right. He
made his way to the local police station, battered and bruised, and beseeched the officers there
to register a First Information Report (FIR) concerning the incident.

However, what should have been a straightforward process, mandated by the Code of Criminal
Procedure (CrPC) and fundamental to the administration of justice, transpired into a perplexing
ordeal. To his dismay, the police officers present refused to register the FIR, offering an array
of justifications for their unwillingness to do so.

Their rationale for denying Mr. Arvind's plea was multifaceted. They cited the lack of concrete
evidence or eyewitness accounts, which they contended made it challenging to initiate an
investigation. Furthermore, the assailants remained unidentified, adding a layer of complexity
to the case. The officers also expressed concerns regarding the workload at the police station
and implied that the case might not be a priority in their list of pending matters.

Dismayed, but undeterred, Mr. Arvind now finds himself confronted with a pressing challenge
- to compel the authorities to acknowledge the gravity of his ordeal, register the FIR, and
thereby instigate an earnest investigation into the assault that has left him scarred, both
physically and emotionally.

In the face of this grievous injustice, you are tasked with providing advice to Mr. Arvind on
how to navigate this distressing situation and advocate for his rights.

14
 APPLICATION FOR COMPLAINT

From,
Mr Arvind
S/o Vishesh Singh
R/o 672-D, Tilak Nagar,
Behind Pwd Office
Lucknow- 226032 [Email Address]
Date: 27/11/2023
To,
The Magistrate
District and Sessions Court,
Lucknow, Uttar Pradesh.
Subject: Complaint under Section 156(3) of CrPC for Non-Registration of FIR
Sir/Madam,

1. That, I, Arvind, a law-abiding citizen residing at 672-D, Tilak Nagar, Behind PWD
Office, Lucknow, submit this formal complaint under Section 156(3) of the Code of
Criminal Procedure, seeking your urgent intervention in a matter concerning the non-
registration of an FIR by the SGI Police Station.

2. That on 26/11/2023, I was returning home in a serene and closely-knit neighbourhood

after work at 8:30 pm when a group of unknown assailants perpetrated brutal and
heinous assault on the complainant. The complainant sustained physical injuries as well
as trauma.

3. That on 26/11/2023, at 9:05, right after the incident I approached the SGI Police Station
to register the FIR concerning the incident. However, to my dismay, the officers on duty
refused to register the FIR, providing various justifications that, in my opinion, do not
align with the legal obligations outlined in the CrPC.

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4. The reasons cited for the non-registration of the FIR include the lack of concrete
evidence or eyewitness accounts and assailants being unidentified. officers also
expressed concerns regarding the workload at the police station and implied that the
case might not be a priority in their list of pending matters. It is my understanding that,
under Section 154 of the CrPC, the police are obligated to register an FIR based on a
complaint.

5. That in light of the refusal to register the FIR, I hereby invoke the provisions of Section
156(3) of the CrPC. I respectfully request your honorable court to direct the concerned
police officers to register the FIR and initiate the necessary legal proceedings based on
my complaint.

I trust that your intervention will ensure that justice is served in this matter.
Thank you for your prompt attention to this complaint.

Yours sincerely,

Mr Arvind
Signature

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 Maintenance

Maintenance law under section 125 of CrPC has been enacted as a

measure of social justice to provide financial assistance (maintenance)
to wife, children and parents, to prevent them from falling into
destitution. A maintenance application made under this section is
presented before the Magistrate, provided at such monthly rate as the
Magistrate deems fit. This further provides an option of an interim
application to be filed under its sub section 3 during the course of
proceeding.
Grounds to claim maintenance.
Following are the grounds to claim maintenance under Section 125 of
CrPC:
 If she is divorced by her husband, or
 Obtained divorce from her husband, and
 She has not remarried, and
 She is not able to maintain herself.

Application under section 125 of CrPC should include.

An application made under this section is predicated upon two
conditions.
Firstly, the fact that the respondent “neglects” to maintain his wife,
who is unable to maintain herself, accenting that the applicant is fully
dependent on the respondent as herself has no source of income. And,
Secondly, that the husband (respondent) has sufficient means to
provide maintenance. This could be underscored by enumerating the
respondent’s source(s) of income, assets and that he has no other
liabilities if in case.

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Further, the following are the points that shall also be made in the
application.
That the applicant is legally married wife of the respondent: to claim
maintenance from the respondent it is pertinent to establish that the
applicant and the respondent are/ were a married couple, proof
establishing the same shall be attached therein including marriage
certificate, wedding Card etc, while not to be adhered meticulously.
As held in Chanmuniya v. Virendra Kumar Singh Kushwaha strict
evidence of marriage should not be a pre-condition for maintenance,
since the term ‘wife’ includes all such situations where a man and
woman have been living together as a husband and wife for a
reasonable period of time.
The cause of non-maintainability of the marriage shall also be
provided, which encompasses cruelty, Demand/torture of wife for
dowry, Impotency of husband etc.
Recent guidelines of the Hon’ble Supreme Court
The Supreme court laid various guidelines under Rajnesh v. Neha &
Anr. In relation to.
1) factors affecting the quantum of maintenance,
2) interim maintenance application,
3) the date from which maintenance must be awarded and
4) Affidavit of Disclosure, among others.
Various factors affecting the quantum of maintenance which needs
to be mentioned to obtain a fair amount are as under;
1. Parties’ ages and their occupations.
2. The period of the marriage should be considered when calculating
the amount of permanent maintenance to be paid.
3. the expense for upbringing of minor children; and

18
 4. Serious disorder or health problems of a partner, child or children
from a previous marriage, or a dependent relative, which calls for
recurrent treatment expenditure may also be an important factor to
consider when calculating maintenance.
These factors, though not exhaustive, must be incorporated while drafting a
maintenance application.
 As stipulated under section 125 sub section 3, Interim maintenance
may be granted during the pendency of the main maintenance petition.
A reasoned order shall be passed within a period of maximum four to
six months.
 Whilst the concerned court has been conferred discretion to grant
maintenance either from the date of filling an application or from the
date of the order passed the Supreme Court held that it would be
suitable to grant maintenance from the date of filling an application in
the interest of justice and fair play.
 A crucial segment of this guideline being an Affidavit of Disclosure
to be filled by both the parties in a maintenance suit as a mandatory
requirement, taking assistance of National legal Service Authority
(NALSA), a comprehensive format for the affidavit was formulated.
Hence, the court would be in a better position to make an objective
assessment of a reasonable approximation of the amount to be
awarded for maintenance in the interim stage. The said affidavit
would disclose assets and liabilities of the party. Given the diverse
demographic profile of our country encompassing rural, tribal, urban
and metropolitan areas, three distinct formats of such affidavit have
been formulated as per the need which has been attached as Enclosure
I II and III in the said judgment.

Jurisdiction
An application for maintenance will be lodged against any individual who is
liable to pay in any of the following Districts where.
1. he inhabits,
2. or where he or his wife inhabits,
3. Or where he last resided with his wife, or as the case may be, with the
mother of the illegitimate child.
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MAINTENANCE

Ms. Ayesha, a woman of modest means, is grappling with a challenging situation. She
is a homemaker and the mother of two young children. Her marriage to Mr. Raj, a
salaried individual, has recently hit a breaking point, and they are living separately.
Despite several attempts at reconciliation, the marital discord remains unresolved, and
Ms. Ayesha finds herself compelled to initiate legal proceedings. Ms. Ayesha, with her
limited income, has sought recourse under the law by filing a maintenance petition
against her husband to secure financial support for herself and their children. You are
tasked with providing guidance to Ms. Ayesha on how to proceed with her maintenance
case.

20
MAINTENANCE APPLICATION

IN THE HONBLE COURT OF PRINCIPAL UDGE, FAMILY COURT, LUCKNOW

Application No………….of 2023

Mrs. Ayesha, W/o Mr Arun,

Aged about 29 years, D/o Mr. Karan Singh

R/o 45, Eldeco, Lucknow……………………………………………………Applicant.

Versus

Mr. Arun, S/o Mr. Ramesh Singh,

Aged about 31 years,

R/o 18, Hazartganj, Lucknow………………………………………………..Opponent.

APPLICATION FOR MAINTENANCE BY WIFE UNDER SECTION 125 (1)(2),

CR.P.C.

The petitioner above named respectfully states as under:

1. That applicant is legally married wife of the respondent, they got married on 12-
03-2015. both of them lived as husband and wife for two years at 18, Hazartganj,
Lucknow and by such marriage a child was born to them on 10 of Feb. 2016 and
then another child on 09 of Jan 201 and on the date of filing this petition he is 12
months old.

2. That, the status, age and place of residence of applicant and opposite party before
marriage and at the time of filing petition are as follows:-

Before the time of Marriage.

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 Applicant/Wife Opponent/Husband
Status- Hindu Unmarried Status- Hindu Unmarried
Age-22 Age-24
Place of residence- 45, Eldeco, Place of residence- 18, Hazartganj,
Lucknow Lucknow

At the time of filing suit.

1st Party (Applicant) 2nd Party (Opponent)
Status- Hindu Married Status- Hindu Married
Age-29 Age-31
Place of residence- 18, Hazartganj, Place of residence- 18, Hazartganj,
Lucknow Lucknow

3. For the initial years, their home resonated with the laughter of two young
children, echoing the joyous moments of a united family. Ayesha, a dedicated
homemaker, poured her efforts into creating a warm and nurturing environment
for her family, while Arun, the primary breadwinner, worked tirelessly to secure
their financial stability.

4. That over time, Ayesha and Arun experienced a breakdown in effective

communication. Unspoken expectations and unaddressed concerns began to
create a growing distance between them.

5. That Arun found himself with increasingly divergent aspirations for their future.
This divergence, once subtle, became a source of tension as he realized their
long-term goals were no longer aligned.

6. That Arun's demanding job, which initially provided financial stability, started
taking a toll on their relationship. The stress and time commitments associated
with his career left little room for quality time together.

22
7. That Arun unintentionally neglected his wife’s emotional needs. The emotional
intimacy that once characterized their relationship began to wane.

8. That Despite Ayeha’s attempts at reconciliation, certain issues remained

unresolved. Lingering resentments and unaddressed grievances created an
atmosphere of tension, making it challenging for them to move forward as a
united couple.

In the circumstances the applicant has sufficient cause to live separately with her
child and prays that your Honour may be graciously pleased to order the
respondent to make a monthly allowance for maintenance of the applicant and
her minor children at the rate of Rs. 55,000 per month or at such rate as your
Honour may deem fit and proper. Form the date of this application.

PRAYER
It is therefore most respectfully prayed that this Honourable Court may kindly
pass the order:
1. To award maintenance of ₹55,000 (fifty-Five Thousand) Per month to the
applicant
2. The cost of this legal proceeding are also to be awarded to the applicant
3. Any other order this honourable court may deem fit and just in present
circumstances be awarded in favour of the applicant and against the opponent.

Place: Lucknow S/d

Date- __________ Applicant

23
 Chapter 2 – Pleading
PLAINT
A plaint is a legal document which contains the written statement of the
plaintiff's claim. A plaint is the first step towards the initiation of a suit.
In fact, in the very plaint, the contents of the civil suit are laid out. A
plaint which is presented to a civil court of appropriate jurisdiction
contains everything, including facts to relief that the plaintiff expects
to obtain. Although it hasn't been defined in the CPC, it is a
comprehensive document, a pleading of the plaintiff, which outlines
the essentials of a suit, and sets the legal wheels up and running.
Order VII of the CPC particularly deals with a plaint. A few of the
essentials of a plaint implicit in itself are those only material facts, and
not all facts or the law as such is to be stated, the facts should be concise
and precise, and no evidence should be mentioned.

Preparation of a Plaint:

I. The name of the particular court where the suit is initiated.

II. Name, place, and description of the plaintiff's residence
III. Name, place, and description of the defendant's residence.
IV. A statement of unsoundness of mind or minority in case the
plaintiff or the defendant belongs to either of the categories.
V. The facts that led to the cause of action and when it arose.
VI. The facts that point out to the jurisdiction of the court.
VII. The plaintiff's claim for relief.
VIII. The amount allowed or relinquished by the plaintiff if so
IX. A statement containing the value of the subject matter of the suit
as admitted by the case.

Other rules regarding the contents of a plaint.

24
 I. Order VII, Rule 2 states that the plaintiff shall state the exact
amount of money to be obtained from the defendant if the case is
so. On the other hand, if the exact amount cannot be arrived at, as
is then case with mesne profits, or claim for property from the
defendant, an approximate figure must be mentioned by the
plaintiff
II. Order VII, Rule 3 states that when immovable property is the
subject matter of the plaint, the property must be duly described,
that is sufficient in the ordinary course to identify it.
III. Order VII, Rule 3 states that when the plaintiff has initiated the
suit in a representative capacity, it has to be shown that he/ she
has sufficient interest in doing the same as well as has taken the
required steps to ensure the same.
IV. The plaint should adequately show the involvement of the
defendant, including his/ her interests in the same and thereby
justifying the need to bring him/ her forward.
V. If the plaintiff files the suit after the expiration of the period of
limitation, he/ she must show the reason for which such an
exemption from law is being claimed.

Affidavit of Plaint
An affidavit is written sworn statement of fact voluntarily made by an
affiant or deponent under an oath or affirmation administered by a
person authorized to do so by law. Such statement is witnessed as to
the authenticity of the affiant’s signature by a taker of oaths , such as a
notary public or commissioner of oaths. Affidavits may be written in
the first or the third person , depending on who drafted the document.

Written Statement
Written statement is a pleading of the defendant in the answer of the
plaint led by the plaintiff against him. It is a reply statement of the

25
defendant in a suit specially denying the allegations made against him
by the plaintiff in his plaint. The provision regarding the written
statement has provided in Order VIII of the Code of Civil Procedure,
1908.
In the written statement, Defendant can specially deny the allegations
made in the plaint by the plaintiff against him. Besides this, he also can
claim to set-off any sums of money payable by the plaintiff to him as a
counter defence under Order 8 Rule 6. Further, if the defendant has any
claim against the plaintiff relating to any matter in the issue raised in
the plaint, then he can separately lead a counter-claim along with his
written statement. It is provided in Order 8 Rule 6A to 6G of the code.

Affidavit To Written Statement

An affidavit is a written statement that is notarized. If you need to provide
a written statement from someone with personal knowledge about what you
are trying to prove to DHS, and this person cannot testify in person, you can
use an affidavit.
Who can be a deponent?
It must be made by only those who are in complete knowledge of the facts
and circumstances.
Order 6, Rule 14 provides “Every pleading shall be signed by the party and
his pleader; Provided that where a party pleading is, by reason of absence
or for other good cause , unable to sign the pleading, it may be signed by
any person duly authorized by him to sign the same or to sue or defend on
his behalf.”
Consequences of an Affidavit To Written Statement
A deponent must have complete or full knowledge of the facts or statement
contained in the affidavit as all of it shall be personally binding on him. Rule
3 of order 19 of the code of civil procedure, state that affidavits shall be
confined to only such facts as the deponent is able, of his own knowledge,
to prove.

26
PLAINT

Mr. Rao, an elderly retiree, has been residing in his family home for several decades. The
property holds great sentimental value to him as it was passed down through generations.
However, a cloud of uncertainty now hovers over the property's ownership. Recently, Mr. Rao
received a legal notice from a distant relative, Mr. Kapoor, who claims to be the rightful owner
of the property. Mr. Kapoor asserts that a long-lost family agreement, which he recently
discovered, designates him as the legitimate heir and owner of the house. He demands that Mr.
Rao vacate the property promptly, as he intends to sell it. Mr. Rao, deeply attached to the home
where he has spent most of his life, is convinced that Mr. Kapoor's claims are baseless and that
he is the rightful owner. To protect his home, Mr. Rao has decided to file a civil suit in the local
court to establish his ownership and prevent any eviction.

27
IN THE HON'BLE COURT OF CIVIL JUDGE (SENIOR DIVISION), SAKET, NEW
DELHI

SUIT No……..OF 2023

Mr. Mr. Rao S/o Mr. Prashant

Aged 60 years R/o 558 B- Block Greater Kedar II, New Delhi………………………..Plaintiff

Versus

Mr. Kapoor S/o Mr. L.Kapoor

Aged about 62 years r/o 4/16, C-3

Basant Vihar, New Delhi……………………………………………………………,Defendant

The abovementioned plaintiff states as follows:

1. That Mr. Rao, is an elderly retiree who has resided in his family home for several
decades. The property, passed down through generations, holds significant sentimental
value to him.

2. That the Plaintiff received a legal notice from the Defendant, Mr. Kapoor, a distant
relative, asserting his claim as the rightful owner of the property.

3. The Defendant relies on the discovery of a long-lost family agreement that, according
to him, designates him as the legitimate heir and owner of the house.

4. The Defendant, Mr. Kapoor, has demanded that Mr. Rao vacate the property promptly,
expressing his intention to sell it.

5. That Mr. Rao vehemently denies the validity of Mr. Kapoor's claims, asserting that the
property rightfully belongs to him.

28
 6. That the Plaintiff contends that he has been the sole and rightful occupant of the
property for an extended period, having maintained it and shouldered all responsibilities
associated with homeownership.

7. That Mr. Rao disputes the authenticity and legitimacy of the alleged long-lost family
agreement produced by the Defendant, emphasizing that he was never made aware of
such an agreement, and its sudden appearance raises questions about its veracity.
8. That the Plaintiff, deeply attached to the home where he has spent the majority of his
life, fears unwarranted eviction and the potential sale of the property by the Defendant

9. That the plaintiff therefore prays as:

a) The Hon'ble court may please to pass a decree of recovery of ownership of the
property in the favour of the plaintiff.
b) The defendant be ordered to pay the cost of the suit.
S/d- S/d-

Plaintiff Advocate

VERIFICATION

I, Mr. Rao Singh s/o Mr. Prashant, the abovementioned plaintiff do hereby declare and state
that the contents of para 1 to 8 of the plaint are true to my knowledge and the contents of
remaining para are based on information received from my advocate and belief the same to be
true. Solemnly affirmed as aforesaid at New Delhi. This 14 th day of December 2023, interpreted
and identified by the

S/d- S/d-

Advocate of the Plaintff S/d-

29
AFFIDAVIT IN SUPPORT OF THE PLAINT

I, Mr. Rao s/o Mr. Prashant, aged about 60 years, r/o 558. B- Block Greater Kedar II, New Delhi
authorized signatory, residing at do hereby solemnly affirm and say as under –

1. I say that I am fully conversant with the facts of the present Plaint and I am therefore able to depose
to the same. I have filed the above Suit, seeking prayers more particularly mentioned in the Plaint.

2. I, for the sake of brevity, repeat and reiterate each and every statement, submissions and contentions
made in the Plaint as if the same are specifically set out herein and form part and parcel of this affidavit.
I affirm and verify the correctness of the each and every statement, submissions and contentions as set
out in the Written Statement.

3. I, say that if the reliefs as prayed for in the Plaint are not granted, would cause great harm, loss and
prejudice to the Plaintiff. In the circumstances, the reliefs as prayed for in the Suit be granted and the
Suit be made absolute with costs.

Deponent

VERIFICATION

I, Mr Rao S/o Mr. Prashant, aged about 60 years, R/o 558 B- Block Greater Kedar II, New Delhi the
abovenamed Plaintiff do hereby verify the contents of what is stated in the aforesaid paragraphs 1 to 5
are true and correct to my knowledge and I believe it to be true and correct; and nothing stated herein
is false and nothing has been concealed.

S/d-

Deponent

I, Mr KC S/o Mr RP. R/o P.F New Delhi, declare from the papers produced by the deponent before me
that I am satisfied that he is Mr Rao.

S/d-

(Oath Commissioner)

Solemnly affirmed before me on this 14 th day of December 2023 at 01:05 pm by the Deponent.

S/d-

(Oath Commissioner)

30
WRITTEN STATEMENT

IN THE HON'BLE COURT OF CIVIL JUDGE (SENIOR DIVISION), SAKET, NEW

DELHI

SUIT No……..OF 2023

Mr. Mr. Rao S/o Mr. Prashant

Aged 60 years R/o 558 B- Block Greater Kedar II, New Delhi………………………..Plaintiff

Versus

Mr. Kapoor S/o Mr. L.Kapoor

Aged about 62 years r/o 4/16, C-3

Basant Vihar, New Delhi……………………………………………………………,Defendant

The aforesaid defendant begs to say-

1. That the content of para 1 of plaint is accepted.

2. That the content of para 2 of plaint is accepted.

3. That the content of para 3 of plaint is accepted.

4. That the content of para 4 of plaint is accepted.

5. That the content of para 5 of plaint is accepted.

6. That the content of para 6 to 8 of plaint is denied as the defendant is the rightful owner

of the property according to the long lost agreement which he recently discovered.

7. That the content of para is denied as no cause of action arises so the plaintiff is not

liable to any relief.

Additional Pleas

31
That according to the long-lost family agreement, which the defendant recently discovered,

designates him as the legitimate heir and owner of the house.

VERIFICATION

I, Mr. Kapoor s/o Mr. L. Kapoor, the abovementioned defendants do hereby declare and state

that the contents of para 1to 5 of the plaint are true to my knowledge and the contents of

remaining para are based on information received from my advocate and belief the same to be

true. Solemnly affirmed as aforesaid at New Delhi. This 14 th day of December 2023,

interpreted and identified by the

S/d- S/d-

Advocate of the Defendent S/d-

32
AFFIDAVIT IN SUPPORT OF THE WRITTEN STATEMENT

I, Mr. Kapoor s/o Mr. L. Kapoor, aged about 62 ycars, rio 4/16, Vasant Vihar, New Delhi authorized

signatory, residing at do hereby solemnly affirm and say as under

2. 1 say that I am fully conversant with the facts of the present Written Statement and I am therefore

able to depose to the same. I have filed the above Written Statement

3.I, for the sake of brevity, repeat and reiterate each and every statement, submissions and contentions

mode in the Written Statement as if the same are specifically set out herein and form part and parcel of

this affidavit, I affirm and verify the correctness of each and every statement submissions and

contentions as set out in the Written Statement

4. I say that if the reliefs as prayed for in the Plaint are granted. would cause great harm, loss and

prejudice to the Defendant. In the circumstances, the reliefs as prayed for in the Suit he rejected.

VERIFICATION

I, Mr. Kapoor s/o Mr. L Kapoor, aged about 50 years, r/o 4/16, Vasant Vihar, New Delhi the

abovenamed Defendant do hereby verify the contents of what is stated in the aforesaid paragraphs 1 to

4 are true and correct to my knowledge and I believe it to be true and correct; and nothing stated herein

is false and nothing has been concealed.

S/d-

Deponent

I, Mr KC S/o Mr RP. R/o P.F New Delhi, declare from the papers produced by the deponent before me
that I am satisfied that he is Mr Rao.

S/d-

(Oath Commissioner)

Solemnly affirmed before me on this 14th day of December 2023 at 01:05 pm by the Deponent.

S/d-

(Oath Commissioner)

33
 Rent agreement
Rental agreement is a legal document that outlines the terms and
conditions of an agreement between a landlord and a tenant. It specifies
the amount of rent to be paid, the duration of the lease, the rights and
responsibilities of both the landlord and the tenant, and any other
relevant details related to the rental property.

Contents of a Rent Agreement

The names of the parties are the first item to take into account in a rental
agreement. This would contain both the landlord's and the tenant's
names and addresses. Moreover, contact-related information must be
provided.
 Occupancy
The rent agreement must specify the region of occupation of the
property. The rental agreement needs to be divided up into
specific sections. For instance, the rent agreement should specify
which areas of the property are accessible and which are not.
 Period
The rental agreement must expressly mention how long rent will
be due. Concurrently, a Rent Agreement must also include
information on the parties' agreement to an extension.
 Premises
The tenant must be given complete information on the premises
according to this clause. The exact address of the property must
be mentioned. The size of the property would need to be
considered in this. Also, it's important to identify both accessible
and limited areas.
 Rental Fee and Security Deposit
The next clause must provide details on the security deposit. The
security deposit is typically a lump sum that covers the property
for a specific duration of time. Typically, this time frame would
last for a year or ten months. The rental fee must be provided

34
 together with this provision. The interest that will be charged
must be specified if there is a delay in rent payment. There should
be a condition stating that if the rent is late, interest would be
levied beyond this date.
 Tenant Obligations
All obligations and responsibilities that the renter must fulfil are
outlined in this section.
 Rental Obligations
All of the obligations and duties that the landlord must fulfil are
outlined in this section.
 Clause Concerning Subleasing
A condition prohibiting subletting the property to other people or
renters must be included. Penalties for violating this clause shall
include eviction of the offending tenant from the premises.
 Services and Repairs
This provision would cover upkeep and repairs done by the
landlord. Which maintenance and repairs would be covered by
the contract? This must include annual maintenance or repairs.
 Versus Contract
This clause would apply to circumstances resulting in a Rent
Agreement breach. Here, it's essential to outline the precise
therapies to consider.
 Rules of Law and Applicable Courts
Typically, a clause relating to the jurisdiction in which the courts
have the power to hear disputes would be present.

35
RENT AGREEMENT

Aditya Kashyap so Sunil Kashyap rio 21/14, C9 Vasant Vihar New Delhi owns a 3 BHK flat
addressed as 21/12 C9 Vasant Kunj. New Delhi. Aditya wishes to rent it our to Ayesha d/o
Rakesh Sharma rio 2/14 C Block, Indira Nagar, Lucknow The renancy is to be made for a
period of 1 year subject to the annual renewal. Based on the marker value of the property and
Delhi Rent Control Act the monthiy renr is fixed at Rs. 45,000-excluding the cost of electricity.
Apart from the monthly rental, the tenant is supposed to pay a sum of Rs. 1000/- as maintenance
charge. The tenancy is subject to renewal at an increase of 10%. The tenancy is to commence
on 1 December. 2019 Draft a rent agreement based on the above facts

36
RENT AGREEMENT

THIS RENT AGREEMENT is hereby executed at DELHI on this 29 day of November, 2019
by and between Mr. Aditya Kashyap, son of Mr. Sunil Kashyap, Resident of 21/14, C-9 Vasant
Kunj, New Delhi (hereinafter jointly and severally called the "LANDLORD", which
expression shall include their heirs, legal representatives, successors and assigns) of the one
part:

AND

Miss Ayesha, D/o. Mr. Rakesh Shara having permanent address at 2/14 C-4 Block Indira Nagar
Lucknow, (hereinafter called the "TENANT, which expression shall include its legal
representatives, successors and assigns) of the other part.

WHEREAS

Mr. Aditya Kashyap the Landlord is the absolute owner of the residential Flat 3 BHK,
addressed at 21/12, C-9 Vasant Kunj, New Delhi, Complete Address of the Property consisting
Number of Bedrooms, living room, family lounge, kitchen, servant room and inbuilt fittings &
fixtures and inventory of the equipments as detailed in annexure-l, hereinafter referred to as
"Demised Premises".

WHEREAS the Tenant has requested the Landlord to grant Rent with respect to the Complete
Address of the Property and the Landlord has agreed to rent out to the Tenant the Property for
residential purposes only, on the following terms and condition:

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. The rent in respect of the "Demised Premises" shall commence from 1" day of December
2019 and shall be valid for 11 month, till 30 October 2020. Thereafter, the same may be
extended at interest @ 10% per annum, further on mutual consent of both the parties.

2. That the Tenant shall pay to the Landlord a monthly rent of Rs. 45,000/- (FORTY-FIVE
THOUSAND RUPEES ONLY) (excluding the cost of electricity, per month. The rent shall be
paid in advance monthly on the First day of English Calendar Month.

3. That the Tenant shall pay to the Landlord a monthly maintenance charge of Rs. 1000 towards
maintenance of Generator & Elevator. Salaries towards guards, Charges for Electricity

37
Maintenance for Common Areas, Charges towards cleaning of Common Areas and towards
maintaining the lawn.

4. That the Tenant shall pay for the running cost of elevator and generator separately to the
Landlord

5. That during the Rent period, in addition to the rental amount payable to the Landlord, the
Tenant shall pay for the use of electricity and water as per bills received from the authorities
concerned directly. For all the dues of electricity bills and water bills till the date the possession
of the premises is handed over by the Landlord to the Tenant it is the responsibility of the
Landlord to pay and clear them according to the readings on the respective meters. At the time
of handing over possession of the premises back to the Landlord by Tenant, it is the
responsibility of the Tenant to pay electricity & water bills, as presented by the Departments
concerned according to the readings on the respective meters up to the date of vacation of the
property. The Landlord has provided names of the Equipments such as Microwave, Oven, and
Refrigerator. Washing Machine & Air-conditioners at the "Demised Property" and servicing &
repair will be the responsibility of the Tenant.

6. That all the sanitary, electrical and other fittings and fixtures and appliances in the premises
shall be handed over from the landlord to the Tenant in good working condition. There will be
3 weeks maintenance period after the possession of Name of tenant. If during these 3 weeks
any defect is in electrical outlets/appliances, plumbing/ sanitary is identified & duly notified,
the Landlord shall be responsible to repair replace the same at his own cost. Upon returning
the premises, all the sanitary, electrical and other fittings and fixtures will be restored by the
Tenant in a good condition as they are at present, subject to normal wear and tear and damage
by act of God.

7. That the Tenant shall not sublet, assign or part with the demised premises in whole or part
thereof to any person in any circumstances whatsoever and the same shall be used for the bona
fide residential purposes only.

8. That the day-to-day minor repairs will be the responsibility for the Tenant at his/her own
expense. However, any structural or major repairs, if so required, shall be carried out by the
Landlord.

9. That no structural additions or alterations shall be made by the Tenant in the premises
without the prior written consent of the Landlords but the Tenant can install air-conditioners in

38
the space provided and other electrical gadgets and make such changes for the purposes as may
be necessary, a his own cost. The Landlord represents that the Premises possesses the adequate
electrical infrastructure to cater for the electrical appliances including the air conditioners. On
termination of the tenancy or earlier, the Tenant will be entitled to remove such equipments
and restore the changes made, if any, to the original state.

10. That the Landlord shall hold the right to visit in person or through his authorized agent(s),
servants, workmen etc., to enter upon the demised premises for inspection (not exceeding once
in a month) or to carry out repairs / construction, as and when required, by giving a 24 hours
notice to the occupier.

11. That the Tenant shall comply with all the rules and regulations of the local authority
applicable to the demised premises. The premises will be used only for residential purposes of
its employees, families and guests.

12. That the Landlord shall pay for all taxes/cesses levied on the premises by the local or
government authorities in the way of property tax for the premises and so on, Further, any other
payment in the nature of subscription or periodical fee to the welfare association shall be paid
by the Landlord.

13. That the Landlord will keep the Tenant free and harmless from any claims. proceedings,
demands, or actions by others with respect to quiet possession of the premises.

14. That this Rent Agreement has a lock-in-period of 11 months and cannot be terminated by
either party. After the completion of lock-in-period the Tenant can terminate the Rent
Agreement by 1 month notice to the Landlord or the rent in lieu of Likewise, after the
completion of lock-in-period, the Landlord can also terminate the Rent Agreement by giving 1
month notice to the Tenant That in the event of non-payment of rent by the Tenant during the
lock-in period being in arrears for 2 consecutive months despite reminder issued by Landlord
on such rent the Landlord shall have the right to terminate the Rent with immediate effect and
take back possession of the said premises.

15. That the Landlords hereby assures to the covenants with the Tenant that:

a) The Tenant paying the rent herein reserved and observing and performing the terms and
conditions on the part of the Tenant as herein contained, shall be entitled to peaceful and quiet
enjoyment of the demised premises during the period of this Rent free from any interference,
interruption, or objection whatsoever from the Landlord.

39
b) The Landlord shall indemnify and keep the Tenant fully indemnified and held harmless from
and against all damages, costs and expenses caused to or incurred by the Tenant as result of
any defect in the title of the Landlords which disturbs or interferes with the possession and
enjoyment of the demised premises by the Tenant under the covenants herein before contained.

c) In the event the Landlord transfers, alienates or encumbers or otherwise howsoever disposes
of or deals with Rented premises or any part thereof or its night, title and interest therein during
the terms of the present Rent or further extended period, the Landlord shall intimate the Tenant
about the same in writing and the future owner or successor-in-title of the Rented premises
shall be bound to honour the terms of this Rent Deed, including further extensions as stated
hereinabove and Landlords shall get an undertaking from the said purchaser / transferee to that
effects

d) The Landlord shall acknowledge and give valid receipts for each payment made by the
Tenant to the Landlord, which shall be treated as conclusive proof of such payments

e) The premises is free from all encumbrances and have not entered into any agreement or
arrangement for disposing or dealing with the premises or any part thereof/or the Landlord's
title, right, and interest in the demised premises in any manner.

1) The Landlord confirms that in case for any reason whatsoever the premises in reference or
any part thereof cannot be used for residential purposes because of any earthquake, civil
commotion, or due to any natural calamity or if Premises is acquired compulsorily by any
authority, over which the Tenant has no control, the Tenant shall have the right to terminate
the Rent forthwith and vacate the premises and the Landlord shall refund the security deposit
or the rent received in advance to the Tenant forthwith.

g) The Landlord represents that the Demised Premises is free from all construction defect
including but not limited to all moisture related construction defects such as leakage, cracks in
house walls including that of compound walls, breakage of floor tiles, etc.

h) The Landlord represents that he has complied with all the statutory payments of the property
including that of taxes, penalties if any and statutory dues to the local authority including but
not limited to municipality, village panchayat, development authority, departments of
electricity, sewage and or water. The Landlord also represents that there is no Charge including
mortgage due exist on the Demised Premises which would affect the peaceful possession of
the Tenant of the Demised Premises.

40
16. That the Tenant will keep the Landlord harmless and keep it exonerated from all losses
(whether financial or life), damage, liability or expense occasioned or claimed by reasons of
acts or neglects of the Tenant or his visitors, employees, whether in the Rented premises or
elsewhere in the building, unless caused by the negligent acts of the Landlord.

17. The Tenant shall maintain the Demised Premises in good and tenable condition and all the
minor repairs such as leakage in the sanitary fittings, water taps and electrical usage etc. shall
be carried out by the Tenant. That it shall be the responsibility of the Tenant to hand over the
vacant and peaceful possession of the demised premises on expiry of the Rent period, or on its
early termination, as stated hereinabove in the same condition subject to natural wear and tear.

18. That in case, where the Premises are not vacated by the Tenant, at the termination of the
Rent period, the Tenant will pay damages calculated at two times the rent for any period, of
occupation commencing from the expiry of the Rent period. The payment of damages as
aforesaid will not preclude the Landlord from initiating legal proceedings against the Tenant
for recovering possession of premises or for any other purpose.

19. That both the parties shall observe and adhere to the terms and conditions contained
hereinabove

20. That the Tenant and Landlords represent and warrant that they are fully empowered and
competent to make this Rent.

21. In case of any dispute to this agreement and the clauses herein, the same will be settled in
the jurisdiction of the Delhi civil courts

22. That the Rent Agreement will be registered in front of registrar and the charges towards
stamp duty, court fee & lawyer/coordinator will be equally borne by the Landlord & Tenant.

IN WITNESS WHEREOF the parties hereto have executed these presents on the day and year.

Landlord Tenant

WITNESS

41
Chapter 3 – Conveyancing
Conveyancing
Conveyancing is an art of drafting deeds and documents whereby any
title, right or interest in an immovable property is transferred from one
person to another. Such person can be natural or artificial i.e.
Corporate, the Company, the Society or the Corporate Sole as the case
may be.
Conveyancing is based on law and legal principles which have been
evolved in the sphere of conveyancing over years or rather centuries.
The objective of Conveyancing cannot be possible without a thorough
knowledge and understanding of the legal provisions applicable on the
subject matter of transfer of property or right therein.
In India the forms of conveyancing are based on the present English
forms. No legislation in India has been ever passed on the law of
conveyancing. Both in India and England, there are two types of deeds
namely – “Deed Poll” and “Indenture”. The deed poll is a document
which is executed unilaterally in the first person like bonds, power of
attorney and will etc. The Indenture is a document which is executed
bilaterally or consist of multilateral deed like mortgages, sale deed,
gifts and lease etc.
Principles of drafting a document may be classified into 4 parts:
(1) Clarity of expression
(2) Design of Draft
(3) Precision of language
(4) Communicability of the intention of the parties to the document

42
 Will
“Will” refers to a legal document or declaration that a person during his lifetime makes in order
to plan the distribution of his assets and properties in a way he wants. Writing a will as an
instrument enables the heirs and survivors of the deceased to inherit the property in the way
the deceased wanted. Wills in India help complex family structures divide the property
amicably without disputes and the need for litigation. Wills in India are legal documents and
have no such strict requirement of a set format. Writing a will can even be done on plain paper
without registration or even a handwritten document can be termed as a will.
ESSENTIAL ELEMENTS OF A VALID WILL
There are various essential elements of an Indian which are laid down by the Indian Succession
Act, 1925 and are as follows:
 Every person who writes a will must be of sound mind and above 18 years of age. This
bars people of unsound mind and minors from drawing a will.
 Any person who is incapable of making a valid judgment or is in an inebriated state of
mind by the reason of intoxication or illness where he is unable to understand the
consequences of his acts is not allowed to draw a valid will.
 Any part of a will that has been forced or induced to be made by force, coercion, or
threat or whatever has not been drawn while writing a will with free consent is invalid
and not enforceable by law.
Listing of Assets– Each will must state a list of all assets which include property owned by the
person making the will (testator), the savings, shares, stocks, bonds and other financial assets
owned. This should be done with utmost care and caution in order to not leave out any material
information.

Division of Assets – Once the listing of assets owned by the individual is complete, the will
should state a clear and unambiguous system of division of assets listed in the will so that no
item is missed and there is no unnecessary dispute when the will is set to be used. In case a
minor has been given some asset, it is mandatory to appoint a custodian for the minor.

Adding sign and witnesses to the will – After the will has been drawn up and completed, it is
necessary to sign it along with mentioning the date. Moreover, it is necessary to get it attested
by two witnesses who merely need to witness that you have signed the will in their presence.
Witnesses add credibility to the will in the eyes of law and are therefore a mandatory step.

43
WILL DEED
Mr. John Smith, a wealthy businessman residing in New Delhi, has recently reached an
advanced age and wishes to ensure that his estate is distributed in accordance with his wishes
upon his passing. He has substantial assets, including real estate, investments, and a valuable
collection of art. Mr. Smith has no surviving spouse but has two adult children, a son, David,
and a daughter, Sarah. Mr. Smith wishes to create a comprehensive will that outlines how his
assets should be distributed among his children and any specific bequests he would like to
make to other beneficiaries. As he is well-aware of the legal complexities involved in drafting
a will, he decides to seek professional legal advice to ensure that his wishes are accurately
reflected in the document. As a law student, you have been tasked with drafting a will on behalf
of Mr. Smith, taking into account the legal requirements for wills under Indian law.

44
WILL DEED

I, John Smith S/o Mr A, a resident of 14, kaisarbagh, Lucknow, U.P. by religion Christian,
born on 22th of May 1950 do hereby revoke all my previous Wills (or)Codicils and declare
that this is my last Will, which 1 make on this 21st day of November 2019.

I declare that I am writing this will out of my free volition and without any coercion or undue
influence whatsoever.

I appoint Shri Z. Son of Shri Y, resident of 10/2, Aashiyann. Lucknow, to be the executor of
this Will. In a case where Shri Z were to predecease me, then Shri Q, will be the executor of
this Will.

Any liability, owed by me, and the executor fees and probation expenses shall be paid from by
bank account no. 900900762116 of Central Bank of India, Gomtinagar, Lucknow, in case,
the fund is insufficient then the income from the property located at 44, Bipin chandra Marg
near shivnagar, Lucknow, should be used. In case there is any surplus amount, then the
surplus amount should be donated to a charitable trust The Lakshaya Patra Foundation
Lucknow for the purpose of Mid-day Meal of Children.

1. I bequeath my real estate to be passed on to my son David and My daughter Sarah in

equal portions. I don’t have a spouse surviving
2. I bequeath my investments to be passed equally among my son David and daughter
Sarah as I have no living spouse.
3. I bequeath my valuable collection of art to be passed on to my son David and daughter
Sarah in equal portions.
All the above assets are owned by me. Nobody else has any title, right, claim, interest or
demand whatsoever on these assets or properties. I have complete night, absolute authority and
power on these assets and in any other property which may be substituted in their place which
may be acquired or received by me hereafter.

Signature of Testator

45
Witnesses

We hereby attest that this Will has been signed by Mr John Smith as his last Will at Lucknow,
U.P. in the joint presence of himself and us. The testator is in sound mind and made this Will
without any coercion.

Signature of Witness (1)

Mr. K

82, karolbagh, Ansal,

Lucknow, U.P.

Signature of Witness (2)

Mr. P

10 Malviya state

Lucknow, U.P.

I have examined Mr. John Smith on the date of this will and wish to state that he appears to be
of sound mental health at the time of making the above will.

Signature of Doctor

46
 Writs
Writs are written orders that are given by either the Supreme Court or the
High Court. These written orders command constitutional remedies for the
Indian citizens against the violation of their rights or fundamental rights.
According to Article 32 of the Indian Constitution, Supreme Court of India
can issue writs whereas according to Article 226 of the Indian Constitution,
High Courts can issue writs.

Types of Writs:
1. Habeas Corpus:
Literal meaning of Habeas Corpus is 'to have the body of'. This type of writ
is used when unlawful detention has occurred to enforce the fundamental
right of individual liberty. When this writ is issued, a person or an authority
that has arrested a person has to bring that another person before the court.
Rules for Habeas Corpus:
a. The applicant should be in a custody of other,
b. Family members can file an application or stranger can also file
application in public interest,
c. Formal or Informal application can be filed,
d. Same application cannot be made successively to different
judges of same court,
e. All or part of formalities and procedures should not be followed
by police while making the arrest, etc.
2. Mandamus:
The literal meaning of Mandamus is 'we command.' This type of writ
is used when a public official or public body or corporation or lower
court or tribunal or even the government has not done the needed duty
or refused to do. After this writ is issued, the duty needs to be resumed.

47
Grounds for Mandamus:
a. Petitioner must have a right recognized by law
b. Infringement of the right must be done,
c. Petitioner must demand the authority to perform the duty
and non-performance of the duty must be present,
d. Other remedy must be absent,
e. Petitioner must prove that a duty is owed to him and
authority has not performed the duty,
f. The non-performed duty must be mandatory duty, etc.
3. Prohibition:
The literal meaning of Prohibition is 'to forbid.' This type of writ is used
when a court which is in lower position i.e., the lower court exceeds its
jurisdiction or not pursue a jurisdiction which it does not possessed by
it.
Rules of Prohibition:
a. Lower court or tribunal should overstep its jurisdiction,
b. Lower court or tribunal goes against law,
c. If lower court or tribunal partly acting in jurisdiction and
partly outside the jurisdiction, Prohibition will be issued
against the act which is partly outside the jurisdiction,
d. Proceeding must be pending in the lower court or tribunal,
e. Application should be made against judicial or quasi-
judicial body only, etc.
4. Certiorari:
The literal meaning of Certiorari is 'to be certified' or 'to be informed.' This
type of writ is used when a transfer of case which is pending in the lower
courts, or the order given by lower courts in a case needs to be quashed.
This writ is issued because of an excess of jurisdiction or lack of jurisdiction
or error of law. After this writ is issued, mistakes in the judiciary are cured.

48
Grounds of Certiorari:
 Overstepping or abuse or absence of jurisdiction should be present by
lower courts,
 Violation of principles of natural justice can be present,
 Some errors of law can be present, etc.
Conditions of Certiorari:
 The body or person should have legal authority.
 Authority should be related questions affecting the rights of people,
 Body or person has a duty to act judicial while functioning,
 Person or body has acted in excess of their jurisdiction or legal
authority, etc.
5. Quo-Warranto:
Literal meaning of Quo-Warranto is 'by what authority or warrant.' This type
of writ is used when an illegal usurpation of a public office by a person is
done. After this writ is issued, the legality of a claim of a person to office is
enquired.
Conditions of Quo-Warranto:
a. Office which is wrongfully assumed by private person should
be a public office,
b. Office should be created by constitution or other statute,
c. Duties of office should be public duties,
d. Office should be permanent,
e. Application should be made against a person who is in
possession of office and uses the office,
f. Office should not be of private nature, etc.
There are five types of Writs which are Habeas Corpus, Mandamus,
Certiorari, Quo Warranto and Prohibition and all these writs are an effective
method of enforcing the rights of the people and to compel the authorities
to fulfill the duties which are bound to perform under the law.

49
WRIT PETITION
Draft a writ petition under Article 226 of Indian Constitution seeking direction in the nature of
writ of "mandamus' directing respondent to stop the defacement and destruction of the public
property.

50
IN THE HON'BLE HIGH COURT OF ALLAHABAD AT ALLAHABAD
Extraordinary Original Civil Jurisdiction
WRIT PETITION (CIVIL) NO. 746 OF 2019

IN THE MATTER OF:

ANIL SINGH ………PETITIONER

VERSUS

STATE OF UP & ORS. ………..RESPONDENTS

MEMO OF PARTIES

1. ANIL SINGH
S/O Lal Singh
R/O 2/45, Sector 21
Vikas Nagat. Lucknow …………PLITTIONER
VERSUS

1. STATE OF UP, THROUGH

SATE MINISTRY OF HOME AFFAIRS, THROUGH CIS
Principal Secretary.
North Block Central Secretariat
Allahabad- 211002 ….RESPONDENT NO. 1

2. PROF. SUMAN SINGH, VICE CHANCELLOR.

PATRON OF AUSU,
UNIVERSITY OF ALLAHABAD,
ALLAHABAD- 211002 ….RESPONDENT NO. 2

3. ALLAHABAD MUNICIPAL COUNCIL.

THROUGH IS CHAIRMAN
(ALLAHABAD HEAD OFFICE)
CIVIL LINES, ALLAHABAD-211002 ….RESPONDENT NO. 3

4. DIRECTOR GENERAL OF POLICE - LUCKNOW

POLICE HEADQUARTERS, TILAK MARG,
LUCKNOW- 226002 …..RESPONDENT NO.4

PETITIONER IN PERSON

DATED: 22nd November, 2019

ALLAHABAD
THROUGH
KAPIL SINGH (ADVOCATE)
OFFICE- 48,
ELDECO COMPLEX
ELDECO 1, LUCKNOW.
MOB: 7921485632

51
IN THE HON'BLE HIGH COURT OF ALLAHABAD AT ALLAHABAD
Extraordinary Original Civil Jurisdiction

WRIT PETITION (CIVIL) NO. 746 OF 2019

IN THE MATTER OF:

ANIL SINGH ………PETITIONER

VERSUS

STATE OF UP & ORS. ………..RESPONDENTS

PUBLIC INTEREST LITIGATION IN THE NATURE OF WRIT OF MANDAMUS

UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR
ISSUANCE OF WRIT ORDERS OR DIRECTIONS IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENTS TO TAKE EFFECTIVE STEPS
AGAINST THE PROSPECTIVE CANDIDATES OF AUSU ELECTIONS & STUDENT
POLITICAL OUTFITS WHO ARE INVOLVED IN DAMAGING, DEFACING,
SOILING OR DESTROYING THE BEAUTY OF PUBLIC WALLS & DAMAGING
AND DISRUPTION OF CLASSROOMS THUS DEPRIVING THE CITIZENS OF
CLEAN AND BEAUTIFUL ENVIRONMENT AND SURROUNDINGS FREE FROM
DEFACEMENT AS WELL AS DEPRIVING THE STUDENTS OF THEIR RIGHT TO
EDUCATION.

TO
THE HON BLE CHIEF JUSTICE &
HIS COMPANION JUSTICES OF THIS HON BLE COURT

THE HUMBLE PETITION OF

THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH

1. That the Writ Petitioner has no personal interest in the litigation. The Petition is not guided
by self-gain or for gain of any other person institution/body and that there is no motive other
than of public interest in filing the Writ Petition.

52
2 That the petitioner who is an advocate by profession is heart wrenched at the defacement of
public properties across all quarters of Allahabad in the wake of the upcoming AUSU elections
as also owing to the manifest ineptness of the concerned authorities to curtail the aforesaid
menace. The statements issued by the senior officers of the concerned authorities to the
Lending News. Whereupon they have doggedly cited their helplessness to put an end to the
menace, instead passing the buck onto the connected authorities.

3. That the petitioner upon noticing the blatant violation of the law by the aforesaid candidates
captured photographs of the defacements and destruction of public property across various
parts of the city.
4. That the petitioner has preferred the instant will petition under Article 226 of the Constitution
of India seeking directions in the nature of writ of mandamus directing the respondents to
prohibit the candidates participating Allahabad University Students Union Election
(hereinafter referred as "AUSU, 2017 from soiling the walls, public properties, private shops
with the use of ink, chalk, paint and/or poster across the city as this does not cohere with the
surrounding have thereby strong hearing on the appearance or beauty, further as the same is
done in a public place, is an eyesore to the viewers, and violates Fundamental Right under
Article 21 by robbing the citizens of clean and beautiful environment and surroundings free
from any defacement further it also results in irrational, arbitrary exercise of their student
election candidature and thus, violative of Article 14 and 21 of the Constitution

5. That it is submitted that no Writ Petition, Application including Review Application etc. or
any other proceedings arising from or related to relief sought in the instant matter has been
filed by the Petitioner, or is pending before this Hon’ble Court or any other Court within
jurisdiction of this Hon'ble High Court or Supreme Court of India.

6. That this Hon'ble Court has jurisdiction to entertain the present petition under Article 226 of
Constitution of India.

7. That since the Respondents 1 to 4 have failed to discharge their statutory and constitutional
obligations the Petitioner does not have any other alternative and equally efficacious remedy
and is constrained to file the instant Writ Petition in the nature of a PIL, on the following
amongst other.
GROUNDS

53
A. Because the present writ petition is pro bono public in which the Petitioner has no personal
interest in the matter or the reliefs sought herein.

B. Because the Respondents have manifestly failed to discharge their statutory and
constitutional obligations.

C. Because the illegal acts of the prospective candidates of AUSU, 2019 soiling the walls,
Public properties, private shops with the use of ink, chalk, paint and/or poster across the city
corrodes the entire surrounding having strong bearing on the appearance or beauty, further as
the same is done in a public place, is utterly disruptive and an eyesore to the viewers violating
Fundamental Right under Article 21 robbing the citizens of clean and beautiful environment
and surroundings free from any defacement.

D. Because inspite of the specific and categorical guidelines propounded by the Lyngdoh
Committee Recommendations (LCR), 2006, (relevant portion) " No candilate shall, nor shall
his her supporters, deface or cause any destruction to any property of the unversity college
campus, for any purpose whatsoever, without the prior written permission of the college /
university authorities. All candidates shall he held jointly and severally liable for any
destruction / defacing of any university college property." The report was submitted with a
view to curtail the aforesaid menace the concerned authorities have exhorted their helplessness
to enforce the same bolstering the student outfits to carry the illegal activities thus unfolding
itself to a gigantic proportions.

E. Because it is the fundamental duty of the petitioner as a responsible citizen to: Protect and
improve the natural environment and culture including to safeguard public property in the
context of article 51A (g) & (i) of the Constitution.

8. That the petitioner has not filed any other petition seeking relief similar to as is prayed for
in the present petitioner. No other equally efficacious remedy, other than preferring the present
petition, is available to the petitioner.

54
PRAYER
In the aforesaid premise, it is most respectfully and humbly prayed that this Hon’ble Court may
graciously be pleased to:
a) Issue directions in the nature of writ of mandamus to Respondent 3 to refurbish and
prevent further defacement and destruction of properties committed by the AUSU
Political outfits and aspiring Candidates 2019 including imposition of heavy fines from
the expenses incurred in order to undertake the restoration: and

b) Direct Respondent 3 to impose a complete ban on the defacement and soiling of

properties by the use of spray paints, posters, banners, hoardings, etc both pre and post
elections causing defacement encompassing congratulatory messages by the winning
candidates with prospective orders along with penal measures; and

c) Pass any other order(s) as this Hon'ble Court may deem fit and proper in the facts and
circumstances of the present petition.

PETITIONER IN PERSON

DATED: 22nd November 2019

ALLAHABAD
THROUGH
KAPIL SINGH (ADVOCATE)
OFFICE- 48,
ELDECO COMPLEX
ELDECO 1, LUCKNOW.
MOB: 792148563

55
 Partnership Deed
Partnership
Section 4 of the Indian Partnership Act defines a partnership as
“Partnership is the relation between persons who have agreed to share
the profits of a business carried on by all or any one of them acting for
all”.

Partnership Deeds
Partnership deeds are an agreement between partners of a firm. This
agreement defines details like the nature of the firm, duties, and rights
of partners, their liabilities and the ratio in which they will
divide profits or losses of the firm.

Contents of Partnership Deeds

Although there is no specific format prescribed for drafting a
partnership deed, a typical deed contains the below mentioned clauses.
1. The name of the firm
2. Name and details of all partners
3. Date of commencement of business
4. Duration of the firm’s existence
5. Capital contributed by each partner
6. Profit/loss sharing ratio
7. Interest on capital payable to partners
8. The extent of borrowings each partner can draw
9. Salary payable to partners, if any
10. The procedure of admission or retirement of a partner
11. The method used for calculating goodwill

56
 12. Preparation of accounts of the firm
13. Mode of settlement of dues with a deceased partner’s
executors
14. The procedure followed in case disputes arise between
partners

Absence of a Partnership Deed

In case partners do not adopt a partnership deed, the following rules
will apply:
a. The partners will share profits and losses equally.
b. Partners will not get a salary.
c. Interest on capital will not be payable.
d. Drawings will not be chargeable with interest.
e. Partners will get 6% p.a. interest on loans to the firm if they
mutually agree.

57
DEED OF PARTNERSHIP

X belongs to a family of edible oil merchants and is well versed with nitty-gritty of the family
business. However, after partition of the family business he is starved of the adequate funds to
carry on business coming to his chair. He owns a shop in property no. 567, BasmandiChauraha
near Naka Hindola, Lucknow. Y has sufficient funds and is desirous of inveing them in the
business of permanent nature X & Y get together and decided to start the business by the name
of XY edible oil Merchants from shop premises owned by X. Y will provide 70% of the funds
of the partnership whereas X will part with his job premises with the joint venture. Profit and
loss will be shared equally. They jointly approach you to write a deed of partnership keeping
standard stipulations in mind.

58
DEED OF PARTNERSHIP

This deed of partnership is made on 1st day of November 2019 between

1. Mr. X. S/o Mr. A, R/o 34, ring road, Lucknow, U.P., 226001, hereinafter referred to as
FIRST PARTNER.

2. Mr. Y, S/o Mr. B, R/o 17, rahimnagar, Lucknow, U.P., 226002, hereinafter referred to as
SECOND 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 Edible Oil.

2. PLACE OF BUSINESS

The principal place of the partnership business will be situated at 287, Parivartan Chowk
near Hazratganj, Lucknow, U.P., 226003.

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. 20 Lakh

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

59
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 X & Y Edible Oil Merchants 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 both 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 is 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 property 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 any time during the subsistence of the partnership, be desirous of retiring
from the firm, it shall be competent 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 leg 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

60
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 21st day of
October 2019 at Lucknow, U.P.

FIRST PARTNER SECOND PARTNER

Mr. X Mr. Y

34, M.G. Road 17, ramnagar

Lucknow, U.P. Lucknow, U.P

WITNESS ONE WITNESS TWO

Mr. P Mr. Q

26, Sector A, Sushant Golf City 1234 Gomtinagar

Lucknow, U.P. Lucknow, U.P.

61
Gift
Section 122 of Transfer of Property Act defines a gift as the transfer of
an existing moveable or immovable property. Such transfers must be
made voluntarily and without consideration. The transferor is known
as the donor and the transferee is called the donee. The gift must be
accepted by the donee. This Section defines a gift as a gratuitous
transfer of ownership in some property that is already existing. The
definition includes the transfer of both immovable and moveable
property.
Essential elements
There are the following five essentials of a valid gift:
1. Transfer of ownership
2. Existing property
3. Transfer without consideration
4. Voluntary transfer with free consent
5. Acceptance of the gift
Registration of Gift Deed
Property gift deed format is required to be registered under Section
123 of Transfer of Property Act, 1882 and Section 17 of the
Registration Act, 1908.
The gift of immovable property will be effective when the gift deed
is registered with the appropriate Registrar or Sub-Registrar. The
gift of movable property is effective when the gift deed is registered
or by delivery of the property. When the gift deed is registered, the
transfer of the property from the donor to the donee takes place
immediately, and the parties need not go to court for its
execution. Nonregistration of a gift deed would lead to no title over
property and hence, it will not be deemed valid in the eyes of law.

62
GIFT DEED
X wants to make a gift of his self earned immovable property in favour of his friend Y and also
in favour of his brother and sister equally. Draft a gift deed for him.

63
GIFT DEED
This deed of Gift is executed on 17 day of November of 2019 by. Mr. A S/o/ Late Mr. B, and
aged 48 years, residing at 14, Kalyanpur, Lucknow, herein after called the DONOR.
IN FAVOUR OF
Mr. Y So. Mr. A, aged 45 years, residing at 18/3 greencity colony, Lucknow, Mr. 2 Sio Late
Mr. b aged 56 years residing at 13/3 greencity colony, Lucknow, And Mrs. C Wio Mr. D aged
42 Years residing at residing at 14/302 Mahanagar, lucknow. Herein referred to as the DONEE

Whereas, the term Donor and Donce unless repugnant to the context shall mean and include
their representatives heirs, successors, executors, administrators, trustees, legal representatives
and assigns.

Whereas, the Donor herein, is the sole and absolute owner of immovable property situated at
Plot no. 33 sector 11 Rajajipuram, Lucknow, measuring 3600 sq ft. which is to be divide
equally among all the Donee, more fully 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 partition of joint
family property 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 Mr. Y is the friend of the donor for last 20 years and Mr. 2 and Mrs. Care the
brother and sister respectively are family members and is desired to making gift of the said plot
to the Donee Y. Z and C

Whereas the Donor desires to grant the said land and premises monitory 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 Plot no. 33 sector Il greencity colony,
Lucknow, 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 the same unto the use of the Done absolutely but subject

64
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 night, fill power, and absolute authority. to grant the
said scheduled property hereby granted as gift in the manner aforesaid.

(b) The Done 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.

(e) 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 bears, 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 Done 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 par thereof
unto and to the use of the Donee in the mariner aforesaid as by the Donee his hers, executors,
administrators and assigns or counsel in law shall he reasonably required

SCHEDULE OF THE PROPERTY

(Gifted under this deed)
All the piece and parcel of immovable property Plot no. 33 sector 11 greenery colony, Lucknow.
Measuring 3600 sq.ft.
On the East : 5.5 m wide road
On the West: house of Mr. Q
On the South : plot of Mr. P
On the North : house of Mr. R
Market value of the property gifted under this deed is Rs. 50,00,000 only.
The Stamp duty is paid on the market value as computed above
IN WITNESS WHEREOF the Donor as well as the Done (by way of acceptance of the said gift) have
put their respective hands the day and year first herein above written.

WITNESS
1. DONEE
2. DONEE

65
 SALE
Sale is defined as the transfer of ownership of
a property in exchange for a price paid or promised or partly paid or
part promised. Sale simply means the purchase and sale of goods and
services, the sale of immovable property is provided under Section
54 of Transfer of Property Act 1882.
The subject matter of the sale under the said Act is immoveable
properties. Section 54 includes immoveable properties, both tangible
and intangible. According to this Section, when the seller hands over
the possession to the buyer or the person he specifies, delivery of the
property is deemed to have occurred.

Sale Deed
There are multiple documents required to prove ownership of property
while selling and buying property. Sale Deed is one of the most crucial
documents to prove a sale of property.
A sale deed, also known as the final deed or conveyance deed, is an
instrument in writing which legally transfers the ownership rights of an
immovable property from one person to another in exchange of a price
paid/consideration. The document lays down the details of the parties,
the final deal price of the property, the accepted mode of payment and
the time for handing over the possession of the property along with the
original documents. It acts as proof that the buyer is the outright owner
of the said property.

66
SALE DEED
A sells his house for Rs. 50 Lakhs to B. Draft a sale deed between A and B on the basis of your
own facts.

67
SALE DEED
This DEED OF ABSOLUTE SALE executed at Lucknow, on this the 28"day of October,
2019 by Mr. A s/o Mr. X residing at 53, Punjab Nagar, Lucknow, hereinafter called the
VENDOR of the one part which expression shall include his executors administrators, legal
representatives, successors etc.

TO AND IN FAVOUR OF

Mr. B so Mr. Y residing at 51, Preetvihar, Lucknow, hereinafter called the PURCHASER of
the Other Part which expression wherever the context so requires shall mean and include his
heirs, executors, administrators, legal representatives, successors, etc.

WHEREAS the VENDOR herein has purchased the said property more fully described in the
Schedule hereunder from Mr. Z in and by sale deed dated 2/07/2011 and registered on
30/07/2012 as Document No. 2784 of (2010) of Book 1 volume No. 7 filed at pages 110 to 125
on the file of the Sub Registrar of Lucknow.

WHEREAS the VENDOR herein has been in exclusive possession and enjoyment of the
property more fully described in the Schedule hereunder with a constructed house thereon,
which was constructed by him with his self-earned funds, till date.

WHEREAS the VENDOR is the exclusive owner of the property more fully described in the
schedule hereunder and he has absolute right to dispose of the same as in the manner he wishes;
AND WHEREAS the VENDOR is in need of funds in order to meet his personal commitments
and family expenses and has decided to sell the property more fully described in the Schedule
hereunder for a sum of Ra 50,00,000/-only and the

PURCHASER herein has also agreed to purchase the same for the said price and to the effect
they entered into an agreement to sell dated 30/09/2019.

NOW THIS DEED OF SALE WITNESSETH

THAT in pursuance of the aforesaid agreement and in consideration of a sum of Rs. 50,00,000/-
only 10,00,000 received by the VENDOR in cash and the rest Rs. 40,00,000/-from DD No.
25684 of the said entire consideration of Rs. 50,00,000/- only, the VENDOR doth hereby
admit, acknowledge, acquit, release and discharge the VENDOR from making further payment
thereof and the VENDOR doth hereby sell, convey, transfer, and assigns unto and to the use of
the PURCHASER, the property more fully described in the Schedule hereunder together with

68
the water ways, casements. advantages and appurtenances, and all estate, rights, title and
interest of the VENDOR 10 and upon the said property TO HAVE AND TO HOID the said
property hereby conveyed unto the PURCHASER absolutely and forever.

THE VENDOR DOTH HEREBY COVENANT WITH THE PURCHASER AS FOLLOWS:

1. That the property more fully described in the Schedule hereunder shall be quietly and
peacefully entered into and held and enjoyed by the PURCHASER without any interference,
interruption, or disturbance from the VENDOR or any person claiming through or under him.

2. That the VENDOR has absolute right, title and full power to sell, convey and transfer unto
the PURCHASER by way of absolute sale and that the VENDOR has not done anything or
knowingly suffered anything whereby his right and power to sell and convey to the
PURCHASER the property hereby conveyed.

3. 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 VENDOR shall discharge the same from and out of his own funds
and keep the PURCHASER indemnified.

4. That the VENDOR hereby declares with the PURCHASER that the VENDOR has paid all
the taxes, rates and other outgoings due to Local bodies, revenue, urban and other authorities
in respect of the property more fully described in the Schedule hereunder 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 to the earlier period, the same shall be discharged by the VENDOR

5. That the VENDOR has handed over the vacant possession of the property more fully
described in the Schedule hereunder to the PURCHASER on 30/10/2019 and delivered the
connected original title document in respect of the schedule mentioned property hereby
conveyed on the date of execution of these presents.

6. That the VENDOR 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.

7. That the VENDOR 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 patta in the name
of the PURCHASER and undertakes to execute any deed in this respect.

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(SCHEDULE OF PROPERTY)
The Market Value of the Property is Rs. 50,00,000
Situated at: 21, Badshah Nagar Lucknow.
Measuring: 1755 sq m.
Bounded by:
East: House of Mr. F
West: 3 m wide road
North: children's Park
South: House of Mr. K
In witness where of the VENDOR and the PURCHASER have set their signatures on the day
month and year first above written.
Witnesses:
1) Mr. L aged 28 years
2) Mr. M aged 35 years

Signature of Vendor Signature of Vendee

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