DRAFTING OF DEEDS Presented By Gaurav Rustagi. Contact

Rules of Drafting some do’s:-  Avoid unnecessary repetition  Write shorter sentences  Choose the right words  Prefer the active to the passive sentences  Express the ideas in fewer words  Know exactly the meaning of the word & sentences you are writing.  Put yourself in place of reader, read the documents and satisfy yourself about the content, interpretation and sense it carries.

Rules of Drafting Some don’t:-  Avoid the use of words of same sound (Employer & Employee)  we should avoid the use of words “Less than” or “more than”, we must use “not exceeding”

Components of Deeds 1. Deed title 2. Place & date of execution 3. Description of parties 4. Recitals 5. Testatum 6. Consideration 7. Receipt clause 8. Operative clause 9. Description of property cntd.

Components of Deeds 10. Exceptions & Reservations 11. Parcels clause 12. Premises & habendum 13. Covenants & undertakings 14. Testimonial Clause 15. Signature and attestation 16. Endorsement & Supplemental deeds. 17. Annexure or schedules.

Deed Title :- The deed should contain the correct title such as “ This Deed of Sale” “ This Deed of Gift” “ This Deed of Conveyance” “ This Deed of Exchange” “ This Deed of Lease” But the word “This Deed” should written as “THIS DEED”

Date & Place  Date in the context of deed is the date on which deed has been executed.  If a deed is undated, deed is valid subject to burden of proof.  Date should be written in words and in figures.  The place is the territorial and legal jurisdiction.  An illustration of this part follows:- “THIS DEED of Lease made at Gurgaon on the First day of June,two thousand eight( )”.

Description of parties  Parties name should be clearly described.  While describing the parties always transferor should be mentioned first and the transferee comes in the last.  Full description of the parties should be given for identification. Description must be given in following order. Names comes first, then surname and thereafter address followed by other description such as s/o, w/o, d/o etc…

Recitals  Recitals contain the short story of the property up to its vesting into its transferors. Recitals should be short & intelligible.  Recitals generally begins with the words “WHERE AS “ and when there are several recitals instead of repeating the words “WHERE AS” before each and every one of them, it is better to divide the recitals into numbered paragraphs for example, “WHERE AS”

Testatum  This is the “witnessing” clause which refers to the introductory recitals agreement, if any, and also states the consideration.  Witnesses clause usually begins with the words “NOW THIS DEED WITNESSES” if more than one observation then this clause can be written as “NOW THIS DEED WINTNESSES AS FOLLOWS” 1. 2.

Consideration & Receipt  Consideration is very important in a document and must be expressed.  Receipt is the acknowledgement of the consideration amount by the transferor, who is supposed to acknowledgment the receipt of the amount. Example:-  “Now this deed the witnesses that in pursuance of the aforesaid agreement and in consideration of sum of Rs (Rupees one lakh only) paid by the first party to the second party before the execution thereof receipt of which the second party does hereby acknowledge)

Description of property  Registration laws in india require full description of property for example Side east, west, north, south etc. area, location, permitted use, survey no.

Parcels clause  This is a technical expression.  Usually starts with the words “All Those…………………………”  Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, and in the legal incidents there of.

Exceptions & reservations This clause generally signified by the use of words “subject to” in deeds,where it is mentioned, it is advisable that both the parties sign, to denote specific understanding and consenting to this aspect.

Premises & Habendum Habendum is a part of deed which states the interest, the purchaser is to take in the property. This Clause starts with the words “THE HAVE AND TO HOLD”

Covenants & Undertakings Means agreement or consideration or promise by the parties generally starts with “The parties aforesaid hereto hereby mutually agree with each other as follows”

Testimonium clause This clause is the last part of deed. It signifies that the parties to the document have signed the deed. generally written as “ In witness whereof the parties hereto have signed this day on the date above written.”

Signature & Attestation Clause Attestation is necessary in the case of some transfer like mortgage, gift, sale etc. Signature of all of parties to the deed should be attested and witnessed by two parties.

Endorsement & Supplemental deeds Endorsements means write of back for eg. Cheque, bill of exchange etc… Supplementary deed is the one which is entered between two parties on same subject on which there is a prior document exists.

Annexure or Schedules Annexure means like site plan or map plan showing exact location of property like survey no., gali no. sector etc.