BOOKLET- 10.1

LEGAL ZEMS: ONLINE COURSE ON LEGAL DRAFTING, 2024
BOOKLET- 10.1
INDEX
S. NO. TITLE PAGE NO.

1. REFERENCE NOTES 2-4
(SALE DEED)
(PROMISSORY NOTE)
(COPYRIGHT DEED)
(COMPLAINT UNDER SECTION 35 OF
CONSUMER PROTECTION ACT, 2019)
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UNDERSTANDING SALE DEED IN INDIA
INTRODUCTION
A sale deed is a vital legal document used in India to transfer

ownership of immovable property from the seller to the buyer. It
serves as evidence of the sale transaction and establishes the
buyer's legal title to the property. Understanding the key
components and legal requirements of sale deeds is essential for
both buyers and sellers involved in property transactions.
KEY ASPECTS OF SALE DEED
1. Identification of Parties: The sale deed begins with the

identification of the parties involved in the transaction, namely the
seller and the buyer. Their names, addresses, and other relevant
details are typically recorded in the deed.
2. Description of Property: The deed provides a detailed

description of the immovable property being sold, including its
location, boundaries, dimensions, and any identifiable landmarks.
Accurate description of the property is crucial to avoid ambiguity
or disputes regarding the subject matter of the sale.
3. Sale Consideration: The sale deed specifies the agreed-upon

sale consideration or purchase price for the property. This may be
in the form of a lump sum amount or paid in installments, as
mutually agreed upon by the parties.
4. Mode of Payment: Details regarding the mode of payment for

the purchase price are outlined in the sale deed. This includes
specifying whether the consideration is paid in cash, through bank
transfer, or by other means, along with relevant transaction
references.
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5. Title and Encumbrances: The seller warrants in the sale deed
that they have clear and marketable title to the property being sold,
free from any encumbrances, mortgages, or legal disputes. Any
existing encumbrances or third-party interests affecting the
property should be disclosed in the deed.
6. Transfer of Ownership: The sale deed contains provisions for

the transfer of ownership rights from the seller to the buyer. Upon
execution and registration of the deed, the legal title to the property
is effectively transferred to the buyer, and they become the rightful
owner.
7. Covenants and Conditions: Sale deeds may include various

covenants and conditions agreed upon by the parties, such as
warranties regarding the title, possession, and quality of the
property, as well as any restrictions or obligations binding on the
buyer or seller.
8. Execution and Registration: Sale deeds must be executed on

non-judicial stamp paper of requisite value as per the Stamp Act
and Indian Registration Act. Subsequently, the deed must be
registered with the relevant Sub-Registrar of Assurances within
the jurisdiction where the property is situated to confer legal
validity.
9. Delivery and Possession: The sale deed may address issues

related to the delivery of possession of the property from the seller
to the buyer, including the timeline for vacant possession and any
conditions for the same.
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CONCLUSION:
Sale deeds play a pivotal role in facilitating property transactions

in India by formalizing the transfer of ownership rights from sellers
to buyers. By encompassing essential details such as property
description, sale consideration, transfer of title, and registration
requirements, sale deeds provide legal certainty and protection to
parties involved in real estate transactions while ensuring
compliance with statutory provisions and safeguards.
4
PROMISSORY NOTE
1. Definition: A promissory note is a written promise to pay a
specified sum of money to a designated person or entity at a
specified future date or on demand. It serves as a legally binding
agreement between a borrower (maker) and a lender (payee).
2. Parties Involved: There are two primary parties involved in a

promissory note:
- Maker: The party who promises to pay the specified amount.

They are typically the borrower or debtor.
- Payee: The party to whom the payment is promised. They are

usually the lender or creditor.
3. Terms and Conditions: Promissory notes contain various

terms and conditions, including:
- Principal Amount: The amount of money borrowed or owed.
- Interest Rate: The rate at which interest is calculated on the

principal amount.
- Maturity Date: The date on which the principal amount is due

to be repaid.
- Repayment Terms: The schedule and method of repayment,

such as installment payments or a lump-sum payment.
- Default Provisions: Conditions under which the note may be

considered in default, such as missed payments or breach of
terms.
4. Legal Enforceability: Promissory notes are legally enforceable

documents, and the terms outlined in the note can be enforced
through legal action if necessary. However, to be enforceable, a
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promissory note must meet certain legal requirements, such as
being in writing, signed by the maker, and containing essential
terms.
5. Types of Promissory Notes: Promissory notes can vary in

complexity and purpose. Common types include:
- Demand Promissory Note: Payable on demand or when

requested by the payee.
- Installment Promissory Note: Repaid in specified installments

over a period of time.
- Secured Promissory Note: Backed by collateral to secure

repayment.
- Unsecured Promissory Note: Not backed by collateral.
6. Use Cases: Promissory notes are commonly used in various

financial transactions, including:
- Loans between individuals or entities.
- Financing for business ventures or real estate transactions.
- Payment agreements for goods or services provided on credit.
6
COPYRIGHT DEED
1. Definition: A copyright deed, also known as a copyright

assignment or transfer agreement, is a legal document used to
transfer the ownership of copyright from one party (the assignor)
to another party (the assignee).
2. Purpose: The primary purpose of a copyright deed is to

formalize the transfer of copyright ownership rights. This allows
the assignee to exercise exclusive rights over the copyrighted work,
including reproduction, distribution, adaptation, public
performance, and public display.
3. Parties Involved:
- Assignor: The individual or entity transferring the copyright

ownership rights.
- Assignee: The individual or entity receiving the transferred

copyright ownership rights.
4. Scope of Transfer: The copyright deed specifies the scope of the

transfer, including:
- Description of the copyrighted work or works being transferred.
- Exclusive rights being transferred (e.g., reproduction rights,

distribution rights).
- Territory or geographical scope of the transfer (e.g., worldwide,

specific countries).
5. Consideration: The copyright deed may specify any

consideration or payment exchanged between the assignor and
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assignee in exchange for the transfer of copyright ownership
rights. Consideration can be monetary or non-monetary.
6. Warranties and Representations: The assignor typically

provides warranties and representations regarding their ownership
of the copyright, the absence of third-party claims, and the validity
of the transfer. This helps protect the assignee from any future
disputes or claims related to the copyright.
7. Indemnification: The copyright deed may include provisions

for indemnification, where the assignor agrees to compensate the
assignee for any losses, damages, or liabilities arising from
breaches of the warranties or representations.
8. Duration and Termination: The copyright deed may specify the

duration of the copyright transfer and any conditions for
termination or revocation of the transfer.
9. Governing Law: The copyright deed typically specifies the

governing law that will govern the interpretation, validity, and
enforcement of the agreement.
10. Formalities: Depending on the jurisdiction, there may be

formalities required for the validity of a copyright deed, such as
signatures of the parties involved, witnesses, and notarization.
11. Registration: While registration of copyright deeds may not be

mandatory in all jurisdictions, registering the transfer with the
relevant copyright office can provide additional evidence of
ownership and may be necessary for enforcement purposes.
8
COMPLAINT UNDER SECTION 35 OF CONSUMER
PROTECTION ACT, 2019
Section 35 of the Consumer Protection Act, 2019 outlines the

procedure for filing a complaint by a consumer before the
appropriate consumer commission (previously known as
consumer forums under the 1986 Act). This section is significant
as it empowers consumers to seek redressal for grievances related
to defective goods, deficient services, unfair trade practices, and
more.
1. Who Can File a Complaint?
Under Section 35, the following persons can file a complaint:
1. Consumer:
Any individual who buys goods or avails services for a
consideration, not for resale or commercial purposes.
2. Consumer Association:
A registered consumer association can file a complaint on

behalf of consumers, even if the affected consumer is not a
member.
3. Central or State Government:
They can file complaints in the interest of consumers.
4. Multiple Consumers:
Multiple consumers having a common interest can file a joint

complaint.
5. Legal Heirs/Representatives:
In case the consumer has died, their legal heir or

representative can file the complaint.
2. Grounds for Filing a Complaint:

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A consumer can file a complaint under Section 35 for the following
reasons:
1. Defective Goods:
Goods that are not as per the standards, quality, or

specifications.
2. Deficient Services:
Services that do not meet the promised quality or standard.
3. Unfair Trade Practices:
Includes misleading advertisements, false claims, or

deceptive practices.
4. Restrictive Trade Practices:
Practices that limit competition or manipulate market

conditions unfairly.
5. Overcharging:
Charging a price higher than the displayed price or the price
fixed by law.
6. Personal Injury or Death:
Due to defective goods or deficient services.
3. Jurisdiction of Consumer Commissions
The jurisdiction to file a complaint depends on the value of

goods/services and compensation claimed:
1. District Consumer Commission:
Value up to ₹1 crore.
2. State Consumer Commission:
Value above ₹1 crore and up to ₹10 crores.
3. National Consumer Commission:

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Value above ₹10 crores.
4. Manner of Filing a Complaint:
1. Written Complaint:
The complaint must be in writing and submitted to the

appropriate consumer commission.
2. Online Filing:
Consumers can file complaints online through the e-filing

portal.
3. Time Limit:
The complaint must be filed within 2 years from the date of

cause of action.(Delay can be condoned by the commission if
sufficient cause is shown.)
5. Reliefs Available:
Upon successful filing and adjudication, the consumer

commission may grant the following reliefs:
1. Replacement of Goods with defect-free goods.
2. Refund of Price paid by the consumer.
3. Compensation for any loss or injury suffered.
4. Repair of Defective Goods.
5. Removal of Deficiency in Service.
6. Discontinuation of Unfair Trade Practices or misleading

advertisements.
7. Award of Punitive Damages in appropriate cases.
6. Important Amendments in Consumer Protection Act, 2019:
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• E-filing of Complaints:
Consumers can now file complaints online, making the

process more accessible.
• Mediation:
Introduction of mediation as an alternative dispute resolution
mechanism.
• Product Liability:
Consumers can now hold manufacturers, sellers, and service

providers liable for defective products and services.
Case Law Examples:
1. Ghaziabad Development Authority vs. Balbir Singh

(2004):
The Supreme Court held that a consumer can claim
compensation for the mental agony caused by a deficiency in
service.
2. Amazon Sellers Pvt. Ltd. vs. Consumer (2022):

E-commerce platforms can be held liable for selling defective
products under the new Act.
Conclusion:
Section 35 of the Consumer Protection Act, 2019 empowers

consumers to file complaints against unfair trade practices,
defective goods, and deficient services. It ensures timely and
efficient redressal of consumer grievances, thereby strengthening
consumer rights in India.
12

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LEGAL ZEMS: ONLINE COURSE ON LEGAL DRAFTING, 2024

S. NO. TITLE PAGE NO.

A sale deed is a vital legal document used in India to transfer

KEY ASPECTS OF SALE DEED

1. Identification of Parties: The sale deed begins with the

2. Description of Property: The deed provides a detailed

3. Sale Consideration: The sale deed specifies the agreed-upon

4. Mode of Payment: Details regarding the mode of payment for

6. Transfer of Ownership: The sale deed contains provisions for

7. Covenants and Conditions: Sale deeds may include various

8. Execution and Registration: Sale deeds must be executed on

9. Delivery and Possession: The sale deed may address issues

Sale deeds play a pivotal role in facilitating property transactions

2. Parties Involved: There are two primary parties involved in a

- Maker: The party who promises to pay the specified amount.

- Payee: The party to whom the payment is promised. They are

3. Terms and Conditions: Promissory notes contain various

- Principal Amount: The amount of money borrowed or owed.

- Interest Rate: The rate at which interest is calculated on the

- Maturity Date: The date on which the principal amount is due

- Repayment Terms: The schedule and method of repayment,

- Default Provisions: Conditions under which the note may be

4. Legal Enforceability: Promissory notes are legally enforceable

5. Types of Promissory Notes: Promissory notes can vary in

- Demand Promissory Note: Payable on demand or when

- Installment Promissory Note: Repaid in specified installments

- Secured Promissory Note: Backed by collateral to secure

- Unsecured Promissory Note: Not backed by collateral.

6. Use Cases: Promissory notes are commonly used in various

- Loans between individuals or entities.

- Financing for business ventures or real estate transactions.

- Payment agreements for goods or services provided on credit.

1. Definition: A copyright deed, also known as a copyright

2. Purpose: The primary purpose of a copyright deed is to

- Assignor: The individual or entity transferring the copyright

- Assignee: The individual or entity receiving the transferred

4. Scope of Transfer: The copyright deed specifies the scope of the

- Description of the copyrighted work or works being transferred.

- Exclusive rights being transferred (e.g., reproduction rights,

- Territory or geographical scope of the transfer (e.g., worldwide,

5. Consideration: The copyright deed may specify any

6. Warranties and Representations: The assignor typically

7. Indemnification: The copyright deed may include provisions

8. Duration and Termination: The copyright deed may specify the

9. Governing Law: The copyright deed typically specifies the

10. Formalities: Depending on the jurisdiction, there may be

11. Registration: While registration of copyright deeds may not be

Section 35 of the Consumer Protection Act, 2019 outlines the

1. Who Can File a Complaint?

Under Section 35, the following persons can file a complaint:

A registered consumer association can file a complaint on

3. Central or State Government:

They can file complaints in the interest of consumers.

Multiple consumers having a common interest can file a joint

In case the consumer has died, their legal heir or

2. Grounds for Filing a Complaint:

Goods that are not as per the standards, quality, or

Services that do not meet the promised quality or standard.

3. Unfair Trade Practices:

Includes misleading advertisements, false claims, or