Drafting of Convencing and pleading PDF

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DRAFTING OF CONVEYANCING

TEST NO.1 1)What are conveyancing ?Explain the legal formalities of Conveyancing? Conveyancing means an art of transferring titles to real estate from one person to another. In general our society recognised private ownership of property and is governed by the Rule of Law must have laws protecting the ownership & other incidental rights.Thus a system of documentation was evolved . Conveyance means an act by which property is conveyed or voluntarily transferred from one person to another by means of a written instrument & other formalities The Indian Stamp Act 1899 under Sec 2(14) defines an “instrument” to include every document by which any right or liability is or purports to be created , transferred , limited , extended , extinguished or recorded. Following re the legal formalities of Conveyancing1)Name or title of the Deed:A name or titlegives a clue to the reader as to the nature of transaction between the parties.The contents of the document which decide the name & nature of the Document. 2)Date& place: The date & the place where the deed is executed are important because by virtue of the deed of conveyance certain rights & obligations are created or transferred.Date & place must be very cklearly mentioned, 3)Parties:Complete description of the party must be given.Eg:Name , age, Address ,Occupation etc of the parties should be mentioned in the deed. 4)Recitals:Recital state the background and purpose of the document.Recitals generally are narrative & introductory.Generally the parain recital begin with whereas 5)Testatum:After the recitals the operative part of the deed is to be drafted , the mainly / primarily operative part is termed as Testatum.It is begin with “Now this Deed Witnesss as Follows”. 6)Terms& conditions :Deed may consists of following terms and conditions-

a)Transfer of property or interest b)consideration c)method of payment of consideration d)Acknowledgement of payment made e)covenant as to title f)Nature of interest transferred g)Possession 7)Habendum:It state the estate or property which the purchaser take as an owner .The transferor allows & declares that the transferee is entitled “to have & to hold “ the property described in the deed. 8)Testimoniun:The testimonium is the last or the concluding part of the deed.It is generallywritten as’ In witness whereof’ the parties have put their respective hands / signatures on the day & year first hereinabove written. 9)Schedule of the property:Schedule of the property must be given with full discription. Schedule is nothing but description of the property.ie East byWest byNorth bySouth by10)Execution& Attestation:Any document will be of no legal consequence if the same is not executed and attested as required by law.

Test No.2 2)Define Sale? What are the essentials of Sale? Draft a model form of Sale Deed? Sec 54 of the Transfer of Property Act define Sale. Sale is a transfer of ownership for a price paid or promised or part paid and part promisedSec 54 of the TP Act deals about sale of only immovable property.But sec 4 of the sale of Goods Act 1930 defines that a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for price.

Following are the essentials of Sale. 1)Parties:- Sale consist of minimum two parties ie seller and buyer.Seller and buyer should follow the provisions of Sec 10 of the Indian Contract Act 1872 2)Consideration :-Both the parties to the sale must have mutual consideration with each other. 3)Execution, Attestation and Stamp duty:Sale deed are executed and attested like bonds.Where by the sale consists of a tangible immovable property of the value of one hundred rupees or upwards is transferred it must be attested by two witnesses and must be registered. Model form of sale deed This deed of Sale is made this 25th November 2017 between Mahesh , R/o Jayanagar , hereinafter called the Seller of the one part which expression shall mean and include his heirs , successors ,assigns and legal representatives unless repugnant to the context thereof.And Mohan R/o JP Nagar herein after called the Purchaser of the other part which expression shall mean and include his heirs , successors ,assigns and legal representatives unless repugnant to the context thereof.And whereas the seller is lawfully owner of the property bearing Sy No.23/1 situated at Madahalli Village which is fully described in the schedule. And whereas the Seller by an agreement dated 12/10/2017 agreed to sell the said property to the purchaser for price of Rs.5lakh , now this deed witnesses in pursuance of the said agreement and in consideration of the sum of Rs.5lakh paid by the purchaser to the seller with the execution of these presents the receipt whereof the seller admits and acknowledges the said seller does hereby grant , convey , sell , transfer and assign unto and to the use of the said purchaser free from all encumbrances .All that lad is fully fenced belonging thereto .The property is situated at Madahalli and bounded on the North by - South by- ,East by - , West by- the property is more particularly delineated and coloured red in the map or plan hereto annexed. All that Right , Title , interest , claim and demand whatsoever of the seller into or upon same and every part thereof transferred to the purchaser.Further the seller keep indemnified the purchaser or assigns from all encumbrances and charges. In witness whereof the seller and the purchaser hereto have signed this indenture the day and the year first herein above written Signed , sealed and delivered by the said seller Shri .Mahesh in the presence of Shivaraju at Malavalli on this mondy of Dec 2017 Schedule and map of the enclosed herewith

Test No.3 3)DefineMortgage?What are the essentials of Mortgage?draft a model of Mortgage Deed?

Sec 58 of the Transfer of property Act define Mortgage . Mortgage is a transfer of interest in the specific immovable property for certain period of time against consideration from Mortgagor to Mortgagee. Following are the essentials of Mortgage 1)Transfer of interest 2)Property must be immovable property 3)Consideration between Mortgagor and Mortgagee 4)Specific time should be mentioned Model form of Mortgage DeedThis deed of Mprtgage is made on 22/06/2016 (This twenty second day of June two thousand Sixteen) between 1)Devaraju , aged about 35 years , R/o Malavalli , MandyaDist(Hereinafter called , the usufructory Mortgagor) of the first party. And 2)Ramegowda R/o Malavalli , aged about 50 years (herein after called the usufructory Mortgagee) of the Second party. Whereas Mortgagor is the absolute owner of the property specifically and fully described in the schedule hereunder as per Sale Deed no. 212 of 1987 of the Malavalli Sub – Register Whereas theusufractory Mortgagor is in need of an amount of Rs.50,000/-(Rupees fifty Thousand) for the purpose of meeting the marriage expenses of his sister. Whereas the Mortgagor has agreed to lend and advance the sum of Rs.50,000/- should execute to the Mortgagor at his request on condition that the Mortgagee should execute an Usufructory Mortgage of the schedule property for a period of 4 years from the date first above mentioned for securing the repayment of the amount to be advanced. Now this deed witnesses as follows1)Theusufructory Mortgagee agrees to lend and advance an amount of Rs.50,000/-(Fifty Thousand) on 25.06.2016 and on the same date the Mortgagor shall deliver the possession of the schedule property House No.161 ,Ass No. 617 , measuring EXW-40 Feets ,NXS-60Feets to the Mortgagee. 2)TheUsufructory Mortgagor hereby agrees that he will repay the said sum of Rs.50,000/- to the Mortgagee within a period of 4 years from the date first above mentioned and till the payment is made , the Mortgagee shall have to possess and enjoy the schedule house. 3)Usufructory Mortgagee hereby agrees that on payment of the loan amount by the usufructory mortgagor or any other person claiming under him, the usufructory mortgagee shall deliver house of the schedule property to the mortgagor or his order without raising any objection. 4)The Usufractory Mortgagor do hereby covenant with the Mortgagee that the Mortgagor has good Title , full power and absolute authority to charge ,assure and Mortgage the schedule house in the manner herein effected and that the same is free from all encumbrance

Schedule East:West:North:South:Discription:The above said House situated at MalavalliTown , measuring 2 Guntas bearing Katha No.619 , V.P No.16 In witness whereof the parties hereto have affixed their signature herein on the date first above mentioned in the presence of the following witnesses. Signature of usufructory mortgagor

Signature of usufructory mortgagee

Witnesses 1. 2. This document is prepared by Ramesh Advocate Signature No. of corrections -Nil Signature of usufructory mortgagor

Signature of usufructory mortgagee

Test No.4 4)DefineLease?What are the essentials of lease? Draft a model form of lease? Sec 107 of the TP Act deals about Lease. Lease means transfer of enjoyment of property for specific time period against consideration between Lessor and Lessee. Essentials: !)Parties: Lessor and Lessee 2)transfer of Enjoyment 3)Property must be immovable 4)specific time period

5)Consideration This deed of Lease is made on 22-05-2017(the Twenty second day of May Two thousand Seventeen) between 1)Girish s/o Guruswamy , R/o Vidyanagar , Malavalli Town , Mandyadist (herein after called the Lessor) and 2)Ramesh , R/o Ramakrishnanagar , Mysore (herein after called the Lessee) Whereas the lessor is the absolute owner in possession of building bearing Ass No. 11 , Katha No.76 measuring one Guntas situated at Malavalli Town. And Whereas the Lessee has made a request to the Lessor to let the said building to the residential use of lessee and his family and the lessor has accepted the same on the following terms and conditions. 1)The lessor hereby agree to let out the said building to the lessee for a period of 2 years from 1.06.2017 to 01.06.2019 a monthly rent of Rs.1000/-(Rupees one Thousand only) 2)The Lessee hereby agrees to pay an amount of Rs.1000/- towards monthly rent or before 5 th day of every month. 3)The lessee hereby pays to the Lessor an amount of Rs.5000/-(Rupees Five Thousand) As security advance and the Lessor hereby acknowledge the receipt thereof. 4)The Lessee shall use the said building for commercial purpose of himself and or their agents. 5)The electricity and water charges for the lease period in relation to the said building shall be paid by the lessee. 6)The Lessee shall not make any alteration in the said building or any part thereof to any person without the previous written consent of the lessor. 7)After the expiry of the lease period the lessee shall vacate the said building and deliver vacant possession of the said building to the lessor in as good condition as it is on this day. 8)If the lessee commits breach of the terms and conditions herein , the lease shall be terminated at the option of the lessor and the lessor is entitled to evict the lessee and recover vacant possession of the said building. In witness whereof the parties hereto have signed this deed on the date forst above written in the presence of the following witnesses Signature. 1.Lessor 2.Lessee

Witnesses 1. 2. This document is prepared by Siddegowda Advocate Signature No. of corrections -Nil

Test No.5 5)DefineExchange?Draft a odel form of Exchange Deed? Sec 118 of the Tp Act deals about Exchange. Exchange of one thing against another thing between two persons. Eg: exchange of 1 Rupees 100 coins for Rs.100/- currency note Exchange of site for a land , both the property having equal value. This Deed of exchange made at Malavallithis 23rd day of April 2017 between Rakesh , residing at Mandya of the one part and Dinesh , residing at Mysore of the other part. Whereas the said Rakesh is seized and possessed as absolute owner of the lands more particularily described in the First schedule hereunder written. And whereas the said Dinesh is seized and possessed as absolute owner of a house more particularly described in the second schedule hereunder written. And whereas the parties hereto have agreed to exchange the properties described in the First and Second schedules in the manner hereinafter mentioned. Now therefore this deed witnesseth as follows: 1)In pursuance of the said agreement , the said Rakesh hereby grants , transfers and conveys to the Dinesh all that the lands more particularly described in the First schedule hereto to hold unto the said Dinesh , his heirs , executors , administrators and assigns absolutely.

2)In further pursuance of the said Agreement ,the said Dinesh hereby grants , Transfer and conveys to the Rakesh all that the house more particularly described in the second schedule hereto to hold unto the said Rakesh , his heirs , executors,, administrators and assigns absolutely. 3)Each of the parties hereto covenants with the othera)That the property hereby transferred by him is unencumbered b)That the property hereby transferred by him and the rent and profits thereof shall be quietly enjoyed by the transferee without any disturbance or interruption whatsoever. c)That at the request and cost of the other party the parties hereto shall execute such assurance and do such acts, deed and things as shall be reasonably necessary for the more perfectly assuring unto other the title to the property hereby transferred. d)That in the event of any defect in title and any disturbace of possession by the other or those claiming through or under him , this transaction shall be null and void and the parties hereto shall be relegated to the same position in which they werte prior to this transaction. 4)The value of each of the properties hereby exchanged is Rs.5,00,000/5)The original Deed of Exchange shall be retained by Rakesh and the duplicate duly signed and stamped shall be retained by Dinesh and shall for all purpose be treated as the original. In witness whereof the parties hereto have hereunto set and subscribe their respective handsand seal the day and year first hereinabove written.

Test No.6 6)DefineGift?What are the different types of Gift?Draft a model form of Gift Deed? Sec 122 of the TP act deals about Gift. Donor is tranferringthe property to the Donee without receiving any consideration Types: 1)Gift by mortis causa 2)Universal Gift This Deed of Gift is made on 20-06-2017(This Twenth day of June Two Thousand Seventeen) between 1)Shankar s/o rakish , aged 35 R/o Bangalore(herein after called Donor) First party 2)Ramacharan s/o krishnappa R/o Mysore(herein after called Donee) of the Second Party. Whereas the Donor is the absolute owner of the shares belonging to her in a company.It shall be described in the shares of a company . The share consists of share value of Rs.1000 per each.The Donor having 100 Shares in the above company. Whereas the Donor had donated his all shares to the Donee without consideration because Donor transfer her all shares to the Donee for the purpose of love and affection on this day.

Whereas the Donor is hereby agreed that she absolutely transfer her all the shares to the Donee in the presence of the few witness on this day. Whereas the Donor shall transfer all her share to the Donee and Transfer all her rights , Title and interest over the share. Signature of the Donor

Signature of the Donee

Witnesses 1. 2. Thisdocument is prepared by Lokesh , Advocate , Mandya No. of corrections - Nil Signature

Test No.7 7)DefineWill?What are the different types of will?Draft a model form of Will deed? Will is a legal declaration made by the Testator in order to covey his property after his death to the beneficiary. Types: 1)Privileged will 2)Unprivileged Will I , Ramegowda , aged 65 years , son of Madegowda , residing at Malavalli , MandyaDist do hereby declare this to be my last will which I have made on 20/06/2017 that I have not made any Will earlier , that I revoke any form of Wills or Testamentary disposition at any time made earlier in respect of the property described in the schedule hereto and also I mention the valuable ornaments of Rs.200000/- , hereto and that this will take effect after my death. Whereas I am the owner in possession of and is sufficiently entitled to the property specifically and fully described in the schedule hereto which are my self acquired as per sale deed No.3321 of 1976 of the Malavalli Sub- Registry and Whereas I wish , desire and willing to provide that after my death my Grand sister Daughter Suma isentitled to properties and Jewelles of 2 lakhs. I hereby leave , give , devise and bequeath absolutely and for ever All That Property specifically and described in the schedule hereto to said Suma for her exclusive and independent rights over 2 lakhs Gold ornaments and appoint her as sole executrix’s of this will

Schedule 1.Serial No. 2.District 3.Taluk 4.Village 5.Extent 6.Ass No. 7.Katha No. 8.Boundaries EastWestSouthNorth9.Description: Ramegowda having residential house bearing No.27 Katha No.67 , Ass No. 122/2 measuring 2 Guntas. In witness whereof , I have signed this will on 22/06/2017 in the presence of the following Witnesses Signature Signed and declared by the said Ramegowda the Testator as his will and testament in our presence , all being present at the same time and who at his request and in his presence and the presence of each other have subscribe the respective names and signatures as attesting witnesses 1. 2.

Signature

This document is prepared by shivaraju Advocate No, of Corrections - Nil Signature

TEST NO.8 8)what is Adaption Deed? What are the essentials of valid Adoption?Draft a model of Adoption Deed? Adoption is the formal expression of a person as the child of another person Any Adoption is made in contravention of the Sec 5 Hindu Adoption & Maintenance Act 1956 is void. The Adoption requires no writing but if it is writing executed by the taker and giver of adoption and registered , it shall be presumed that the adoption has been made in accordance with the provision of the Act 1956 Valid condition of Adoption:1)any male hindu who is of the age of majority and is of sound mind has the capacity to take a child in adoption.Where a male adopts and he has a wife living shall not adopt except with her consent, unless the wife has completely and finally renounced the world or has ceased to be a hindu or has been declared by a court of competent jurisdiction to be of unsound mind.If a person has more than one wife living at the time of adoption , the consent of all the wives is necessary , unless the consent of any one of tem is necessary . Deed of adoption:This Deed of Adoption made the 15th Day of October in the year Two Thousand Seventeen Between Ramesh S/O Rakesh , aged about 50 years R/o Hennur hereinafter called the Adoptive Father of the first part And Mahesh s/o Nagegowda , aged about 55 Years , R/o HSR layout hereinafter called Natural Father of the other part. Whereas the Adoptive Father was married to Ms.Latha and thereafter a son was born to him by the said Wife on 12/10/2016 but the said son soon after died And whereas the said Wife has not born any child after the death of the Son though so many years have passed.The Adoptive Father and his said Wife have despaired and do fully believe that they shall have no further Children And whereas the Adoptive Father is desirous of Adopting a son and with this object he approached the Natural Father , who has agreed to give his son named Ravi ,aged 05 years in adoption to said Adoptive Father. Now This Deed Witnesses that the said Natural Father did before a family and gathering of friends and relations at Bangalore give his son named Ravi aged 5 years to the said Adoptive Father who did before the same gathering take the said son in adoption as the latter’s adoptive son on the day first hereinafter mentioned And that the adaptive son immediately after the adoption was renamed by the Adoptive Father as Ravindra And that the Adopted son by the said adoption determines and severs all rights and l...