KRISHNA INSTITUTE OF LAW

(Approved by BCI affiliated to CCSU, Meerut)

NH-24, Jindal Nagar, Ghaziabad-201002
Phone no- +9643031960, 9643028427

LL.B. – 5th Sem

Subject- Drafting & Pleading

Pleadings

The backbone of every suit of civil nature is what is called as pleadings. The meaning of
the term ‘plead’ is to ‘state and argue a case’. Pleadings are the respective contentions of
the parties to a dispute which are reduced into writing so that they can be clear, concise,
and unambiguous. What the parties are fighting upon is mentioned in the pleading of each
party, and each party lays down their claim, or the abstinence from such claim with
legitimate reasons as well as proof. It is the main paperwork that is required by advocates
while arguing their cases.

In a civil suit, there are two parties – the

1. one who institutes the plaint/complaint, i.e. the plaintiff, and the

2. other, who gives a reply to the plaint in the form of a written statement, i.e. the
defendant.

The plaint contains the cause of action, or the issue(s) in controversy. The written
statement contains the defences and denials in the form of a reply. All the legal documents,
such as petitions, motions, rejoinders, declarations, memorandums, etc. are included in
pleadings.

Fundamental Rules of Pleading

Order 6 of the Code lays down the four fundamental rules of pleading. They are:

1. Every pleading must state material facts on which the party relies (facta probanda).
Unnecessary facts must not be stated. The facts so pleaded will be validated through
laws by the court.

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 2. Pleading must state facts and not law. A question of law need not be pleaded, but a
question of fact should be pleaded. In case the question is one where facts and laws
are mixed, that question needs to be specifically pleaded.

3. The pleading must not contain any evidence of the facts presented. Once the issues
(facta probantia) are settled, only then will the facts be authenticated through
evidence. Also, only material facts should be stated. Material facts are those which
must be proved by a party to a trial to establish the cause of action or defence.

4. All material facts need to be stated concisely. To be concise is to mean that the facts
presented must be to the point and not vague or implied. Every fact should be stated
separately, and the pleading must be in paragraphs, with numbers. Dates, figures
and amounts should be mentioned in digits as well as in words.

Decree

Section 2(2) of the CPC defines a “decree” as the formal expression of an adjudication
which, so far as regards the Court expressing it, conclusively determines the rights of the
parties with regard to all or any of the matters in controversy in the suit and may be
preliminary or final. It shall be deemed to include the rejection of a plaint and the
determination of any question within Section 144, but shall not include-

1. Any adjudication from which an appeal lies as an appeal from an order, or

2. Any order of dismissal for default.

A decree is the manifestation of the court’s adjudication. In simple language, the court’s
expression of its adjudication in favour of one or more parties to a suit is called a “decree.”
It is the decree that clarifies which party won the suit.

In a decree, there are two parties;

1. one is the decree-holder and

2. the other is the decree-debtor.

A decree-holder is the party in favour of whom a decree is passed (Section 2(3) of the
CPC); on the other hand, a decree-debtor is the party against whose favour a decree is
passed.

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Types of decrees

1. Final decree

Section 2(2) states that a decree may be final. A final decree is one which wholly disposes
of a suit and finally settles all disputed matters in the suit. It is issued when all the
hearings of a suit are complete and there is nothing more to decide upon.

a decree is said to be final in the following scenarios:

 When the decree is not appealed within the stipulated time;

 When the decree is passed by the Apex Court, that is, the Supreme Court, and

 When the court regards the decree as having been completely disposed of.

The following are characteristics of a final decree:

 It is executable;

 It may be passed without any preliminary decree;

 It conclusively settles the disputed matter, and

 The Court may pass more than one final decree.

2. Preliminary decree

Section 2(2) states that a decree may be preliminary. Section 2(2) of the CPC says that a
decree is preliminary when further proceedings have to be taken before the suit can be
completely disposed of. It is final when such an adjudication completely disposes of the
suit. So a preliminary decree is passed when there is still something that the court needs
to decide upon before conclusively determining the rights and duties of the parties. There
may be more than one preliminary decree in a suit.

Under the CPC, a preliminary decree may be passed in the following types of suits:

 Administration suits (Order Rule 13)

 Suits for possession and Mesne profit (Order 20 Rule 12)

 Partnership dissolution suits (Order 20 Rule 15)

 Suit for partition and separate possession (Order 20 Rule18)

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  Suit regarding the sale of mortgaged property (Order 34 Rule 4)

 Suits regarding accounts between the principal and agent (Order 20 Rule 16)

 Suits regarding foreclosure of a mortgage (Order 34 Rule 2)

 Mortgage redemption suits (Order 34 Rule 7)

3. Partly preliminary and partly final decree

Sometimes, depending upon the nature of the suit, the court may pass a partly preliminary
and partly final decree. Such a decree may contain parts that are final, while the majority
of the decree may still be preliminary.

For instance, in a suit relating to inheritance, the court may pass a partly preliminary and
partly final decree, in which the determination of whether or not a particular party is
entitled to receive a share in the property may be final in nature; whereas the
determination of who will receive what share in the property is a part of the preliminary
decree.

Plaint

A Plaint is a legal document that contains the content of any civil suit which shows the
Plaintiff’s claim after filing suit. The plaint is the first step of the Plaintiff in the form of a
legal document for the commencement of suit and it shows what a Plaintiff wants from
that suit. The concept of a plaint is mentioned in the Civil Procedure Code. Through the
help of plaint, the plaintiff narrates or describes the cause of action and related
information which is considered as essential from the viewpoint of the suit.

The Particulars Of A Plaint

1. Name Of The Court: The name of the court should be written as the heading. It is
not necessary to mention the presiding officer of the court. The name of the court
would be sufficient. Eg. In the Court of District Judge, Kolkata.
2. Parties To The Suit: There are two parties to every suit, the plaintiffs and the
defendants. For the purpose of the suit, the name, place, and description of the
residence of both the plaintiffs and the defendants have to be mentioned in the
particular plaint.
3. Title Of The Suit: The title of the suit contains the reasons for approaching the
court and the jurisdiction before which the plaint Is initiated.
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4. Body Of The Plaint This is the body of the plaint wherein the plaintiff describes
his/ her concerns in an elaborative manner. This is divided into short paragraphs,
with each paragraph containing one fact each. The body of the plaint is divided into
two further parts which are:

1. Formal Portion: The formal portion contains the following essentials:

1. A statement regarding the date of cause of action. It is necessary for every
plaint to contain the date when the cause of action arose. The primary
objective behind this is to determine the period of limitation.

2. There should be a statement regarding the jurisdiction of the court. The plaint
must contain all facts that point out the pecuniary or territorial jurisdiction of
the court.

3. The value of the subject matter of the suit must be stated properly in this part
of the plaint.

4. Statement regarding minority.

5. The representative character of the plaintiff

6. The reasons why the plaintiff wants to claim exemptions under the law if the
suit is initiated after the period of limitation.

2. Substantial Portion:

1. This portion of the plaint must contain all the necessary and vital facts, which
constitute the suit. If the plaintiff wishes to pursue a course of action on any
other grounds, such grounds must be duly mentioned.
2. It should be shown in the plaint that the defendant is interested in the subject
matter and therefore must be called upon by the court.
3. If there is more than one defendant, and if the liability is not joint, then the
individual liability of each and every defendant must be shown separately.
4. In the same way, if there is more than one plaintiff, and their cause of action is
not joint, then too, the same has to be mentioned separately.

5. Relief: The last part of the plaint is the relief. The relief claimed must be worded
properly and accurately. Every plaint must state specifically the kind of relief asked
for, be it in the form of damages, specific performance or injunction or damages of

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 any other kind. This has to be done with utmost carefulness because the claims in
the plaint cannot be backed by oral pleadings.

6. Signature And Verification:

 The signature of the plaintiff is put towards the end of the plaint. In case the
plaintiff is not present due to any legitimate reason, then the signature of an
authorized representative would suffice.
 The plaint should also be duly verified by the plaintiff. In case the plaintiff is
unable to do so, his/ her representative may do the same after informing the
court.
 The plaintiff has to specify against the paragraphs in the pleadings, what all
he/ she has verified by his/ her own awareness of the facts, and what has
been verified as per information received, and subsequently believed to be
true.
 The signature of the plaintiff/ verifier, a Where the language of the plaint is
beyond the comprehension of the plaintiff, the same has to be translated, or
made known to the plaintiff, and only after that can he/ she put his/her
signature and get the plaint verified by the Oath Commissioner.

Rejection of plaint

The Plaint shall be rejected in certain situations when requirements are not fulfilled. Some
of the situations in which the plaint is rejected are as follows:

1. The plaint is rejected in a case where the cause of action is not disclosed. If the cause
of action is not disclosed then it is not possible to prove the damage caused to the
plaintiff. To seek relief against the defendant, the facts need to be mentioned clearly.
2. The plaint is also rejected in a case where the plaintiff relief is undervalued and the
plaintiff is requested by the court to correct the valuation within the given time frame
but the plaintiff fails to do so.
3. The plaint is rejected in a case where all the documents are not properly stamped and
the plaintiff on being required by the court to supply the required stamp paper within
a time to be fixed by court fails to do so.
4. The plaint is mostly rejected due to the statement mentioned in the plaint secured by
any law or statute that doesn’t give any right to the plaintiff to file the suit.
5. When a duplicate copy of the plaint is not submitted whereas it is mentioned that it is
mandatory to submit the duplicate copy then in that condition plaint is liable to be
dismissed.
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 NON JOINDER of Parties

Non-Joinder is an error or omission to join of some person or party or parties

which is an essential party/parries as party/parties to a suit, he may be plaintiff
or defendant who ought to need to be joined in the eyes of law as a necessary
party as the final verdict or order cannot be possible by the hon’ble court to
give any effective decree which has been not implemented. And in case of non
joinder of Necessary parties the court cannot pass an effective decre e.

Non-Joinder of parties basically refers to a situation where the necessary

parties are missing which are an essential party without whom the decree
would be difficult to pronounce. As mentioned under the code of civil procedure
under provision rule 10 (2) of order 2.

Consequences of Non Joinder of Necessary Parties

The absence of non joinder of necessary parties means that those parties which
are not present in the present suit and from which the relief is claimed are not
present in the suit, because of which the court is not able to pass any
appropriate of the effective judgment of decree. In these circumstances, the suit
can be dismissed but does not have to be dismissed. If the court found it legally
viable and just, the court may grant relief in favour of the plaintiff by passing a
decree regarding the suit between the parties.

MIS JOINDER of Parties

The non-necessary parties or the misjoinder of parties under cpc are the parties
of the party which are added mistakenly or irrelevantly for irrelevant purposes
and therefore there is no relief can be made. The presence of the necessary
party/ parties are vital and important to pass any decree between the parties.

When any party or parties are added mistakenly to the suit under code of civil
procedure, 1908 are terms as mis joinder of parties under cpc. And the party
which was added mistakenly to the suit or misjoinder has nothing to do with the
suit then in that condition the party added mistakenly are known as mis joinder
of parties under cpc.

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Misjoinder of causes of action can be further categorized into three parts
namely:

 Misjoinder of plaintiffs and causes of action.

 Misjoinder of defendants and causes of action.

 Misjoinder of the claim.

Rejoinder

In rejoinder, plaintiff has a right to explain only the additional facts incorporated by
the defendant in his written statement. In rejoinder, plaintiff cannot be permitted to
come forward with an entirely new case or raise inconsistent pleas so as to alter his
original cause of action.

Cause of Action

A Cause of Action, in law, is a bundle of facts sufficient to justify a right to sue to obtain
money, property, or the enforcement of a right against another party. The legal document
which carries a claim is often called a “statement of claim” in English law, or a ‘complaint
in the U.S.

Cause of Action is a bundle of facts which are required to be pleaded and proved for the
purpose of obtaining relief claimed in the suit. For the above-stated purpose, the material
facts are required to be stated but not the evidence except in certain cases where the
pleading relied on any misrepresentation, fraud, and breach of trust, willful default or
undue influence.

Importance of Cause of Action:-

It is the center of the suit. It consists of the following:-

1. Substantive right existing in the plaintiff,

2. The violation of that right by the defendant.
3. It is a pivot of the entire suit as all the factors such as the settlement of issue, the
evidence to be taken up on and the judgment to be pronounced and also the
settlement of matter in issue etc. is all depends upon the cause of action.
4. Cause of action should be clearly stated by the plaintiff and the burden of proof also
lies upon the plaintiff to prove his cause of action beyond doubt.

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 Set off (Order VIII, Rule 6]

Definition: Where in a suit by the plaintiff for recovery of money and the defendant finds
that he also has a claim of some amount against the plaintiff what he do is he can claim a
set-off in respect of the said amount. This right of the defendant to claim set off has been
recognized under Order 8, Rule 6 of the Code.

Essential Conditions:

1. A defendant may claim a set-off, if:

2. The suit is for the Recovery of money;
3. The sum of money must be ascertained;
4. Such sum must be legally recoverable;
5. It must be recoverable by the defendant or by all the defendants, if not more than
one;
6. It must be recoverable by the defendant from the plaintiff(s);
7. It must not exceed the pecuniary jurisdiction of the court in which the suit is
brought;
8. Both the parties must fill in the defendant's claim to set-off, the same character as
they fill in the plaintiff's

Effects: When a defendant claims set-off, he is put in the position of the plaintiff as regards
the amount claimed by him. Where the plaintiff doesn't appear and his suit is dismissed or
he withdraws, it does not affect the claim for a set-off by the defendant and a decree may
be passed in his favor if he is able to prove his claim.

Illustrations: X sues Y on a bill of exchange. Y alleges that X has wrongfully neglected to

insure Y's goods and is liable to him in compensation which he claims to set-off. The
amount not being ascertained cannot be set-off.

P sues Q on a bill of exchange for Rs. 1500. Q holds a judgment against P for Rs. 1,000. The
two claims being both definite, it may be set-off.

Types of Set Off

1. Legal Set Off - It is apparent from a reading of the above provisions that in order to
constitute legal set-off, the following conditions must be fulfilled, viz.,
a. The suit must be for recovery of money.

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 b. The defendant must claim an ascertained sum of money. A sum of money due
in respect of a disputed transaction cannot constitute an ascertained sum.
c. That ascertained sum must be legally recoverable from the plaintiff, i.e., it is
not barred by the law of limitation.
d. The plaintiff's claim and the set-off must be claimed in the same character.
The amount must be recoverable by the defendant.
e. The set-off should be within the pecuniary jurisdiction of the Court.

2. Equitable set-off - Court of Equity in England allowed set-off when cross-demands

arose out of the same transaction, even if the money claimed by way of set-off was
an unascertained sum of money. The Common Law Courts refused to take notice of
equitable claims for they were not ascertained sums.

Counter Claim

Rule 6A to 6G of Order 8 deals with counter-claim. It is claim made by the defendant in a

suit against the plaintiff. It is a claim independent of and separable from plaintiff's claim
which can be enforced by a cross section. Counter-claim can be set up in respect of action
accruing to the defendant either before or after the filing of the suit but before the
defendant has delivered his defense or before the time fixed for delivery of his defense has
expired.

Difference between Set Off & Counter Claim

1. Set-off is a statutory defence to a plaintiff's action,

whereas a counterclaim is substantially a cross-action.
2. Set-off must be for an ascertained sum or must arise out of the same transaction as
the plaintiff's claim.
A counter-claim need not arise out of the same transaction.
3. Set-off is a statutory ground of defence and has to be pleaded in the written
statement. It can be sued as a shield and not as a sword.
Counter-claim, on the other hand, does not afford any defence to the plaintiff's claim.
It is a weapon of offence which enables the defendant to enforce his claim against
the plaintiff as effectually as in an independent action. It is a sort of cross-action.
4. If the statute of limitation is pleaded to a defence of set-off, the plaintiff in order to
establish his plea has to prove that set-off was barred when the plaintiff commenced
the action. It is not enough to prove that it was barred at the time when it was
pleaded.

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 In the case of a counter-claim, it is enough for the plaintiff to prove that the counter-
claim was barred when it was pleaded.
5. An equitable set-off is a claim by the defendant in defence, which generally cannot
exceed the plaintiff's claim.
In a counter-claim the defendant may, however, exceed the plaintiff's claim, being in
nature of the cross action.

Foreclosure

Foreclosure is the legal process by which a lender attempts to recover the amount owed
on a defaulted loan by taking ownership of the mortgaged property and selling it.
Typically, default is triggered when a borrower misses a specific number of monthly
payments, but it can also happen when the borrower fails to meet other terms in the
mortgage document.

 Foreclosure is a legal process that allows lenders to recover the amount owed on a
defaulted loan by taking ownership of and selling the mortgaged property.
 The foreclosure process varies by state, but in general, lenders try to work with
borrowers to get them caught up on payments and avoid foreclosure.
 The most recent national average number of days for the foreclosure process is
857; however, the timeline varies greatly by state.1

Codicil

A codicil is literally a "little codex," a little bit of writing on a small piece of writing
material, used to add to or change something about a larger piece of writing. A codicil
to a will can change the terms of the original will completely, so it generally requires
witnesses just like the will itself, though in some states a handwritten codicil may not.
In mystery novels, such changes have been known to cause murders; in real life,
codicils aren't usually quite that exciting.

Example Sentences

A codicil to the treaty was necessary to clarify certain provisos that had proved to be
ambiguous

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 Alternative and Inconsistent Pleadings

The expression ‘alternative’ means the one or the other of two things. A party to litigation
may include in his pleadings two or more set of facts and claim relief in the alternative.
Inconsistent, on the other hand, means mutually repugnant, contradictory or
irreconcilable. Acceptance or establishment of one necessarily implies abrogation or
abandonment of the other.

In Re Morgan, (1887) LR 35 Ch D 492 (CA), the court observed that the plaintiffs may rely
upon several different reliefs in the alternative. Similarly the defendants can also raise
several defences in the alternative.

For instance, a suit for possession is maintainable on the basis of title or in the
alternative, on the basis of lease. In Firm Sriniwas Ram Kumar v. Mahabir Prasad, the
Supreme Court held that object of allowing alternative pleadings is to obviate the
necessity of another set of litigations and to decide all the controversy in one litigation. As
regards inconsistent pleadings, the Code does not prohibit a party from making two or
more inconsistent set of allegations8 . A plaintiff may rely on several different rights
alternatively, although they may be inconsistent. Defendants may also raise by his
statement of defence, without the leave of court, as many distinct and separate
inconsistent defences as he may think proper.

Inconsistent pleas are permissible but they are seen with suspicion by the court. Party
who tries to establish both the inconsistent pleas places himself in peril of adducing
mutually contradictory and destructive evidence. It must be remembered that the party
cannot be allowed to approbate and reprobate at the same time. When such pleading may
be refused: The Court may not allow such pleadings in following cases: (i) where such
pleading delay or embarrass fair trial [Rule 16]. (ii) such a plea is not maintainable by law.
(iii) where a party has taken up a definite stand once and the court has given a decision on
that footing.

Attestation

Attestation is the act of witnessing the signing of a formal document and then also signing
it to verify that it was properly signed by those bound by its contents. Attestation is a
legal acknowledgment of the authenticity of a document and a verification that proper
processes were followed.

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Broadly speaking, an attestation is a third-party recognition of a documented
agreement's validity. Ideally, the person or party acting as the witness of the signing has
no professional or personal association with either of the signatories. In some states, this
criterion is enforced by state probate law.

For example, a teaching physician may sign and date a general attestation that states
that they were present with the student when a specific procedure was performed. They
will also attest that they supervised the visit, reviewed the person's medical history and
the student's documentation of the visit, and rendered a decision based on those details
and their examination.

Affidavit

The term Affidavit refers to a sworn statement in written format made especially under an
oath or affirmation before an authorised officer or Magistrate.

In other words, an Affidavit is a declaration of facts made in writing and sworn before a
person having the authority to administer oath. All affidavits are verified statements and
printed on Stamp papers of different denominations.
All affidavits need to be drawn up in the first person and should contain facts and not
inferences. A person who makes an affidavit is called a Deponent or an Affiant. The person
who has authority to attest a certificate may be a Magistrate who may in turn be either a
Judicial or an Executive Magistrate, a Notary Public or a Commissioner of Oaths
depending upon the affidavit which needs to be attested. Indians living abroad can swear
affidavits before Consular officers posted in Indian missions.

Who Can Create An Affidavit?

In order to create an affidavit, an individual should have attained majority and should be
in a position to understand the nature of the contents sworn. In other words, the person
should not be insane or incapacitated to the extent of not knowing the meaning of the
statements mentioned in the affidavit.
An affidavit is a written statement made under oath that is typically used in legal
proceedings. When a person swears to be truthful in creating the affidavit, they are called
an affiant.

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Affidavits are a vital part of court proceedings since they provide a written account of the
details surrounding the case, which can make it easier for judges to make decisions. They
are also useful for record-keeping purposes.

Essential Features Of An Affidavit

 An Affidavit should be in writing - Since an Affidavit is used as a record in court, it

has to be in writing. This is to make the person who makes the affidavit accountable
for the contents sworn in the affidavit. It also deters people from making false
claims since they amount to punishable offences.
 It must be a declaration made by an individual - An Affidavit can be created only
by an individual, and not by any artificial persons like Companies and other
associations or Groups of individuals.
 It must relate to facts alone - An Affidavit should mention only the facts according
to the best knowledge and belief of the deponent. It should not be based on mere
inferences or assumptions.
 It must be made in the first person - Affidavits cannot be created on behalf of
other persons. The purpose is to prevent declaring of things beyond the reasonable
knowledge of a person.
 It must be sworn before an officer or magistrate who is authorised to
administer oath. - An affidavit can be sworn only before a person having authority
to attest it.

For example, a name change affidavit may be attested either by a Notary Public or
by an Executive or Judicial magistrate for documents created in India; while an
affidavit for lost or damaged passport can be attested only by a Judicial or Executive
Magistrate and it is beyond the authority of a Notary Public.

When are Affidavits Used?

Affidavits play an important role in the court proceedings for a few types of disputes. They
are commonly used in these scenarios:

 Divorce court
 Property disagreements
 Debt disputes
 Confirmation that legal documents have been received
 To notify a party of a proceeding of changes
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  Residency verification
 Name change verification
 To confirm the identity of a victim of identity theft

In some cases, affidavits are voluntary, and sometimes, they are mandatory. The rules
surrounding when affidavits are required are governed by state law.

Purpose of an Affidavit
The purpose of an affidavit is to formally legitimize a claim. These legal documents are
used in conjunction with witness statements or related evidence in a dispute. For an
affidavit to be valid, the person who signs it must be personally aware of the facts within
the affidavit and they must take an oath that they are 100% honest within the affidavit.

Affidavits are crucial pieces of information when it comes to settling a dispute. When used
properly, affidavits can sway a court decision. Some affidavits also serve to certify facts
about lawsuit parties’ lives, such as financial affidavits. At their core, affidavits serve to
deliver certifiable facts in a way that can reasonably be guaranteed to be truthful.

Gift

According to Section 122 of the Transfer of Property Act (TPA), a transfer of movable or
immovable property, which is already in existence, without consideration is a gift. Such a
transfer should be made voluntarily by the transferor. The acceptance of the gift should be
made by the person to whom the transfer is made or on behalf of him.

A gift can be made over movable and immovable property. A gift can be given between
two living persons, which is known as inter-vivos, or after the transferor’s death known as
testamentary. However, the Transfer of Property Act deals with only the gifts given while
the parties to the transfer are alive. Thus, this article will be dealing only with such gifts
covered under the said Act.

Parties

1. Donor – The person who is donating or transferring his property in return for no
consideration is a donor (transferor).
2. Donee – The person for whom a donation or gift is made is a donee. In simple
words, the receiver of the gift is the donee (Transferee).
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Essential elements

1. A transfer of title or possession - First of all, there should be a transfer of ownership or title
taking place. One person should do such a transfer to another person. For immovable property,
the transfer of title should be done with a registered instrument. Mere words stating that A’s
land is gifted by A to B is not enough. The transfer of immovable property should be effected
through a registered instrument. However, for movable property, transferring the title through a
registered instrument or by way of transferring the possession is enough.

2. Existence of property - For a transfer of property to take place, there should be a

property in existence. One cannot transfer a property that is not in his possession or
ownership. Nor can he transfer a future property.

3. Voluntarily made - A gift is given without consideration. Thus, the beneficiary of such
transfer is the donee. Thus a transfer of gift should be made voluntarily by the donor since
he is the person who is at a loss.

4. Without consideration - A gift is given out of love and concern. Thus it is given for free
without any consideration. If such a transfer of property is made for any consideration,
even for a corn piece, it shall be considered a transfer of property, sale, or exchange and
not as gift. Thus a gift should be made purely without any consideration.

5. Acceptance - After the donor makes a gift to a donee, the transaction becomes
complete only when the donee accepts it. If the donor doesn’t accept it, then it is treated as
if the gift isn’t made.

Will

A Will is a legal declaration of a person on a document regarding the distribution of his

assets after his death. It is a unilateral document that takes effect upon the death of a
person allowing you to make an informed decision on how your wealth, property and
assets will be distributed on your death.

Will is a legal document but there is no prescribed form of it as it can be handwritten or

typed on any document and not just the stamp paper. A Will may be revoked or altered by
the owner at any time prior to his/ her death.

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Essentials of a Will
A Will has the following essential characteristics:

1. The intention of the testator must be to take effect after his death
2. A Will is a form of the legal declaration of such intention
3. The declaration must involve the manner of disposal of the property
4. The Will can be revoked or altered during the lifetime of the testator

Conveyance

A conveyance is a legal term that refers to the legal transfer of property between one
entity to another. This act is carried out through a conveyance instrument, a written
document that defines the buyer and seller’s obligations within the real estate transaction.

The instrument may be a contract, lease, title, or deed, and it outlines the transfer date,
purchase price, and the responsibilities of both parties within the sale. The individual or
entity transferring the property interest is known as the “conveyor”, while whoever
receives the title is known as the “conveyee”.

Types of Conveyance

Conveyances generally include the equitable title of a property as well as its legal title.
The first of these refers to the actual physical use of the real estate, while the second
indicates the official legal ownership of the land.

However, not all conveyances transfer both of these titles. Deeds that convey only one of
these are known as priority or partial conveyances.

A conveyance can also be conditional. These require the buyer to meet certain terms
before the transfer can be realized. A common example of this is with gifts. A parent may
convey a piece of property to their son or daughter on the condition that they reach a
certain milestone.

Additionally, in certain circumstances conveyances can be fraudulent. Most commonly, a

fraudulent conveyance involves a seller transferring a property title in order to conceal a
piece of real estate as an asset. This type of transfer is common in bankruptcy cases,
where a debtor wants to avoid property claims from creditors.

17
 Issue

The term “issue” in a civil case means a disputed question relating to rival contentions in a
suit. It is the focal point of disagreement, argument or decision. It is the point on which a
case itself is decided in favour of one side or the other, by the court.

The court cannot frame any issues in a court case when no dispute exists between the
parties.

For example, a plaintiff says the defendant borrowed Rs 10 lakh from him. The defendant
denies it. It is an affirmation by one party and denial by the other. Then there arises a
distinct dispute and that dispute is termed an “issue”. The court can then frame issues
based on the facts of the case and proceed with it.

Types of issues

There are three kinds of issues:

1. issues of fact,
2. issues of law, and
3. mixed issues of fact and law.

A question of law on which no evidence is to be brought in by the parties can be tried as a

preliminary issue. It is being done when the issue involves a question of law alone. To
decide to try anything as a preliminary issue is a matter of discretion for the court, but it is
not an obligation (O XIV R 2(2).

When determination of a ‘question of law’ depends on a ‘question of fact’, then the issue of
law should not be tried as a preliminary issue. The plea of limitation, estoppel, res judicata
etc, raised in the beginning of a case can be tried as preliminary issue.

SALE DEED

Sale of goods whether movable or immovable is the most common of all business contract
for of goods i.e. movable property is governed by the provisions of the sale of goods act,
1930. A contract for sale of immovable property is governed by the transfer of property
act,1882.

18
According to section 54 of the transfer of property act sale is a transfer of ownership for
price paid or promised or part paid part promised the basic essentials of valid sale are.

1. The seller must be competent to contract and he must not be a person disqualified to
be a transferor.
2. The immovable property must be transferable and there must be transfer of
ownership i.e., possession, free enjoyment and disposition of the property being sold
must go to the buyer.
3. A fixed price must be the consideration of sale transfer must be in exchange for a price
paid or promised, or partly paid and partly promised.
4. Such transfer, in the case of tangible immovable property of the value of one hundred
rupees and upwards or in the case of a reversion or other intangible things must be
made by registered instrument.
5. In the case of tangible immovable property, of a value less than one hundred rupees
such transfer may be made either by registered instrument or by delivery of property
.delivery of tangible immovable property takes place when the seller places the buyer
or such person as he directs in possession of the property.

CONTRACT FOR SALE

A contract for sale and a sale deed are quite different. A contract for the sale of immovable
property is a contract that a sale of such property shall take place on terms settled
between the parties .it does not of itself create any interest in or charge on such property
.the right of the buyer and seller are described under section 55 of the transfer of property
act.

A valid transfer of immovable property takes place after registration so the immovable
property i.e., land house shall be transferred or conveyed from one person to another after
registration and delivery of possession only the registration of an immovable property
requires the conveyance on non- judicial stamps ,and on payment of registration fee to the
government registration fee differs from time to time and area to area.

19
 Sale Deed

This deed of sale made at ………..this ………….day of 20…………….

BETWEEN

Shri……….A……..B……..C……..age…..years, occupation……… resident of…………….here in after

called the VENDOR (which expression shall, unless repugnant to the context mean and
include his heirs, executors, administrators and assigns) of the one part

AND

Shri…….. X……… Y…….. Z……. age………. years, occupation ……. resident of

………….hereinafter called the PURCHASER (which expression shall, unless repugnant to
the contextand include his heirs, executors, administrators and assigns) of the other part.

WHEREAS the property bearing Plot No………… out of Survey No…….. ), of the revenue
village……….. District …………. described in further detail in the schedule hereunder, is
owned and possessing by the present vendor;

AND WHEREAS the vendor decided to sell and dispose of the said property;

AND WHEREAS the purchasers approached the vendor with such a proposal to purchase
and acquire the said property;

AND WHEREAS the purchaser has offered the best of the possible unto the vendor;

AND WHEREAS the vendor has agreed to sell, transfer and convey said property unto the
purchaser;

AND WHEREAS the parties hereto have entered into an agreement sell, on date in respect
of the said property;

AND WHEREAS the in pursuance of the said agreement to sell, dated .the parties hereto
have decided to complete the said transaction;

20
NOW, THIS DEED WITNESSES as follows:

1. That in pursuance of the agreement to sell, dated……. the vendor does hereby sell,
transfer and convey his property bearing Plot No. …….. described in further details in
the schedule hereunder. unto the purchaser TO HAVE AND TO HOLD the same FOR
EVER as the owner thereof.
2. That by way of consideration for the said sale, transfer and conveyance, the purchaser
had paid at the time of the execution of the said agreement to sell, dated ………. towards
earnest money and part payment sum of Rs. ……….. has today been paid by the
purchaser unto the vendor, the receipt whereof the vendor does hereby acknowledge
unto the purchaser, and the vendor does hereby declare and confirm that now nothing
is due from the purchaser.
3. That the vendor has today put the purchaser in actual possession of the said property.
4. That the vendor does hereby declare and confirm that he, the vendor, shall not have
any right, title or interest in or over the said property or any part thereof.
5. That the purchaser shall get his name entered in the record of rights in respect of the
said property.
6. That the vendor does hereby assure unto the purchaser that the vendor has a clean,
clear and marketable title to the said property, and that he has neither subjected the
same to any encumbrance whatsoever, nor is it a subject-matter of any pending
litigation, requisition or acquisition proceeding.
7. That the vendor has applied for and obtained and furnished unto the purchaser all the
necessary permissions, exemptions and clearances under the provisions of law in force.
8. That the vendor also assures unto the purchaser that all the taxes, cesses, charges and
assessments payable in respect of the said property have been duly paid out by the
vendor uptodate, and those accruing and becoming due hereafter shall be borne out by
the purchaser.
9. That as agreed by and between the parties hereto, all the expenses of stamp duty and
registration charges have been borne out by the purchaser.

THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO:

All that piece and parcel of land situate within the Registration Division District
…………. Sub-Division & Taluka………………… within the local limits of the …………….
Municipal Corporation, revenue village ……………….. bearing Plot No. ……………… out of
Survey No. ……………….. admeasuring …………….. sqft or there abouts, and bounded by as
follows”.

21
On or towards the East …. Plot No. ……

On or towards the South …. Plot No. ……

On or towards the West …. Public Road and

On or towards the North …. Nullah

IN WITNESS WHEREOF the parties hereto have signed here under at…………………… the
date first above mentioned.

[…ABC…]

VENDOR

[…XYZ…]

PURCHASER

WITNESSES:

1. ………………
2. ………………

APPLICATION FOR BAIL

IN THE COURT OF DELHI AT NEW DELHI

CRIMINAL APPLICATION NO OF……………

THE MATTER OF:

Neeru Holdings Pvt. Ltd.

12, Deshbandhu Apartments,
Kalkaji, New Delhi
(through its authorised
reprsentative Sh. Philipose Oommen) PRTITIONER

VERSUS

1. Devinder Kumar Aggarwal

22
S/o Late Sh. M.K. Gupta Aggarwal,

R/o ………………………….

2. State (NCT of Delhi) RESPONDENTS

FIR
No

U/s

Police Station

The accused above named most respectfully showeth:-

1. That the accused above named was arrested by the police on (date) and is in judicial
Custody since then it is alleged that the accused was dealing in smuggled goods.
2. That the accused has been falsely implicated in the instant case and he has nothing
to do with the alleged offence.
3. That the accused is a respectable person in the society and has deep roots in the
society. He is a peace loving citizen.
4. That the accused is permanent resident of Delhi and is assessed by income tax
authority.
5. That the accused undertakes to join the investigation as and when required by
police authority and as directed by the Hon’ble court.
6. That the accused is a permanent resident of Delhi and there is no chance of his
absconding in case he is released on bail.
7. That the accused will not tamper with evidence in case he is released on bail.
8. That the present case is a result of clear manipulation by the police.
9. That the accused from all accounts is an innocent person.
10. That the accused has never been involved in any criminal case expect the present
case.

It is therefore, most respectfully prayed that the accused may kindly be released on
bail during the pendency of this case.

Any other order/orders which this Hon’ble court deem fit and proper on the facts and
circumstances of this case may also be passed.
ACCUSED

23
Delhi: Through

Dated: COUNSEL

[Note: To be supported by affidavit of Pairokar and Vakalatnama duly attested by Jail

Authority.]

Specific Performance

“Specific performance of contract consists in the contracting party is exact fulfillment of

the obligation which he has assumed in his doing or omitting the very act which he has
undertaken to do or not to do.”

The remedy of specific performance is claimed by the party when he enter into a contract
with another to perform some obligation. Later on one party breaches the contract and
denies to perform it. Here the effecting party has right to go to a court of competent
jurisdiction and request court to specially perform the contract as previously agreed by
the parties.

Format of Suit For Specific Performance

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.

In the matter of:

ASR son of AGR resident of H. No. _, Block No. _,___Road near __ Bridge, Tehsil and District
Rawalpindi. …Plaintiff

Versus

1. TA wife of AJS resident of Flat No. _, Crescent Apartment Block __, __ Iqbal, Tehsil and
District Karachi Sharqi.
2. Bahria Town, through its Chief Executive, Rawalpindi.
3. Bahria Town, Transfer Branch, through its Incharge. …Defendants

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND PERMANENT INJUNCTION.

Respectfully Showeth,

24
1. That the defendant No. 1 is owner in possession of a plot No. _, measuring 250 Sq
Yards, situated at St No. ___, Category General Phase V, Bahria Town, Rawalpindi
vide registration No. ___. (copies of allotment letter along with possession
certificates are annexed herewith for the kind perusal of this Honorable Court).
2. That the plaintiff and defendant No. 1 entered into an agreement with regard to the
sale of the said plot on 15-04-2009 for total consideration amount of Rs. 23,25,000/-
including charges of site plan and other utility charges and the defendant No. 1
received Rs. 200,000/- as earnest money from the plaintiff in presence of witnesses
and for remaining amount of Rs. 21,25,000/-, the date was fixed for payment as 30-
04-2009.
3. That it was also settled between the plaintiff and defendant No. 1 that in case of
failure on the part of the plaintiff to pay the remaining amount to the defendant No.
1, the earnest money would be forfeited while if the defendant No. 1 failed to
transfer the said plot in favor of the plaintiff after getting total amount, the
defendant No. 1 would be responsible to pay the double of the amount, which she
received from the plaintiff and the defendant No. 1 will have no objection, if the
plaintiff get transferred the said plot in his favor through the court of competent
jurisdiction.
4. That thereafter, the plaintiff requested the defendant No. 1 that he is ready to pay
the remaining amount before the stipulated period and in this regard the plaintiff
also deposited the remaining amount in the bank and prepared a bank draft and
requested her to transfer the said plot in accordance with the agreement dated 15-
04-2009 but she not only received the amount but also refused to transfer the said
plot in favor of the plaintiff.
5. That the said act on the part of the defendant No. 1 is illegal, unlawful, improper and
against the all cannons of justice. Moreover, the said act on the part of the defendant
No. 1 is based upon malafide intention and ulterior motives.
6. That the plaintiff number of times, requested the defendant No. 1 to fulfill her part
of obligations in accordance with the written agreement dated 15-04-2009, who
once again refused to receive the amount in respect of above mentioned land.
7. Tat the plaintiff is ready to perform his part of agreement, as his earlier payments
supports his version but the defendant No. 1 without any justification is reluctant to
transfer the suit land in favor of the plaintiff.
8. That now it came into the knowledge of the plaintiff that the defendant NO. 1 who is
having very cordial relations in the Bahria Town’s Office is trying to transfer the said
plot in favor of some-one-else while making collusion with the defendants No. 2 & 3.

25
 9. That the plaintiff contacted the defendant No. 2 & 3 and asked about the factual
position with regard to the agreement and requested them to refrain from
transferring the ownership of the said plot in any manner whatsoever in favor of
any persons except the plaintiff but in vain.
10. That the defendant No. 1 is bound to fulfill her part in accordance with the
agreement dated 15-04-2009 but now she is adamant to hear anything reasonable,
hence this suit.
11. That the cause of action accrued finally two days ago when the defendants finally
refused to listen the genuine and legitimate requests of the plaintiff, which is still
continuing day by day.
12. That the office of the defendant No. 2 is at Rawalpindi, suit property is at
Rawalpindi, written agreement was made at Rawalpindi between the parties, so this
Learned Court got the jurisdiction to entertain the matter in hand.
13. That the value of the suit for the purposes of court fee and jurisdiction is fixed as Rs.
20,000/-, and no court fee is levied on the plaint. However, in any discrepancy is
made out, the plaintiff is ready to deposit the court fee as per order of this
Honorable Court.

PRAYER

It is therefore, humbly prayed that a decree of suit for specific performance of agreement
dated 15-04-2009 may kindly be passed in favor of the plaintiff against the defendant No.
1.

It is further prayed that the defendants may kindly be restrained permanently from
transferring the plot No. 556, measuring 250 Sq Yards, situated at St No. __, Category
General Phase V, Bahria Town, Rawalpindi to any person except the plaintiff.

Furthermore, the defendants may also be restrained not to transfer the suit land while
making collusion with each others to any person except the plaintiff may kindly be passed
in favor of the plaintiff against the defendants.

Any other relief, which this Honorable court deems fit may also be granted.

Plaintif
Through Counsel
Advocate High Court

26
Verification:

Verified on Oath on this day of Apr 2009, that the contents of the para No. 1 to 10 are true
and correct to the best of our knowledge and belief and rest of the paras are believed to be
true and correct.

Plaintiff

Format of Writ Petition of Habeas Corpus to the High Court under Article 226 of the
Constitution.

The word habeas corpus literally means to have a body. A writ of habeas corpus is in the
nature of an order upon the person who has detained another to produce the latter before
the court, in order to let the court know on what ground he has been confined and set him
free if there is no legal justification for the imprisonment.

IN THE HIGH COURT OF DELHI AT NEW DELHI CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRIMINAL) NO. OF 2020

(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF: ______ S/O ___________

AGED ABOUT ____ YEARS RESIDENT OF __________ THROUGH ____ S/O ___, AGED _____ YEAR
AS NEXT FRIEND PETITIONER

VERSUS

1. STATE GOVERNMENT HOME DEPARTMENT

RESPONDENT NO. 1

3. DISTRICT MAGISTRATE TEES HAZARI COURT NEW DELHI

RESPONDENT NO. 2

4. SUPERINTENDENT TIHAR JAIL NEW DELHI

RESPONDENT NO. 3

27
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING
INTER ALIA FOR ISSUING WRIT OF HABEAS CORPUS TO RESPONDENT NO. 1, 2 AND 3
THEREBY QUASHING THE IMPUGNED ORDER AND DIRECTING THE RELEASE OF THE
PETITIONER AND GRANTING REASONABLE COMPENSATION TO THE PETITIONER

To,

The Hon'ble Chief Justice of High Court,

And His Companion Judges of the Hon'ble High Court of Delhi.

The humble petition of the Petitioner above named.

1. That the Petitioner is filing the present writ petition under article 226 of the
constitution of India praying inter alia for issuing writ of habeas corpus to
respondent no. 1, 2 and 3 thereby quashing the impugned order and directing the
release of the petitioner and granting reasonable compensation to the petitioner.
2. That the petitioner resides in _________ and has been a law abiding citizen of India.
3. That on ___day of____, the Petitioner was arrested and detained for a period of 2
months in the Tihar Jail, New Delhi, wherein the Respondent No. 3 is the
Superintendent, with an order passed by the Respondent No.1 dated ___under the
National Security Act, 1980. A copy of the order by the Respondent No. 1 has been
annexed herewith as Annexure 1.
4. That, on the date of getting detained and arrested in the Tihar Jail. The Petitioner
was not informed about the grounds of his detention by Respondent No. 3.
5. That after Ten days of getting arrested and detained, the Petitioner was informed of
his ground of arrest and detention.
6. The report of the ground of detention was furnished to the Petitioner in English,
which is not understood by the Petitioner.
7. The Petitioner's father is interested in the release of the Petitioner from the
detention.
8. That the Petitioners have no other efficacious remedy except to approach this
Hon'ble Court by way of this Petition under Article 226 of the Constitution of India.
9. That the Petitioners have not filed any other petition or preceding in any court or
tribunal throughout the territory of India regarding the matter.
10. Therefore, the order by Respondent No. 1 dated______, is illegal, arbitrary and with
lack of jurisdiction because of the following grounds given below:-

28
GROUNDS

That the present Writ Petition is being filed on the following, amongst other, grounds
without prejudice to each other;

1. Because the grounds of detention were furnished to the Petitioner after prolonged
delay.
2. Because the Petitioner's detention is violative of Article 21 of the Indian
Constitution.
3. Because the grounds of detention of the Petitioner was given in English, which is not
comprehensible for the Petitioner.
4. Because he grounds of detention is very arbitrary and vague.

PRAYERS

In view of the facts & circumstances stated above, it is most respectfully prayed that this
Hon'ble Court may be pleased to:-

a) Issue a Writ of Habeas Corpus to the Respondent 1 to 3 thereby quashing the

impugned order;
b) Issue an appropriate Writ Directing release of the Petitioner;
c) Issue appropriate Writ granting reasonable compensation to the Petitioner;
d) Any other relief, order or direction this court may deem fit and proper under the
facts and circumstances of this case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER
PRAY.

FILED BY:

(________________)
ADVOCATE FOR THE PETITIONER

DRAWN ON:
Drawn by:

New Delhi
Date:

29
 Format of Writ Petition seeking mandamus to the High Court under Article 226 of
the Constitution.

A writ of mandamus is a direction to an authority to either do or refrain from doing a

particular act. For instance, a writ to the Police Department to to strictly enforce Traffic
Rules under the Acts. For a mandamus to be issued, it must be shown:

a) That the authority was under obligation, statutory or otherwise to act in a particular
manner;
b) that the said authority failed in performing such obligation;
c) that such failure has resulted in some specific violation of a fundamental right of
either the petitioner or an indeterminate class of persons.

Sample and brief format of Writ of Mandamus to High Court is given below. This is only
body of the Writ Petition. Please include other details also:

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL (EXTRA-ORDINARY) JURISDICTION

WRIT PETITION (CIVIL) NO. OF 20__

(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

1. ________________________ S/o ______________________

R/o_______________________ PETITIONER

VERSUS

1. ABC Company Ltd having its registered office at_____ Through its Chairman____
RESPONDENT NO. 1

2. The Managing Director ABC Company Ltd RESPONDENT NO. 2

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING

INTER ALIA FOR QUASHING THE IMPUGNED ORDER DATED ____PASSED BY
RESPONDENT NO.1 AND REINSTATING THE PETITIONER IN SERVICE WITH ALL
CONSEQUENTIAL BENEFITS INCLUDING BACK WAGES
30
To,
The Hon'ble Chief Justice of High Court,
And His Companion Judges of the Hon'ble High Court of Delhi.

THE PETITIONER MOST RESPECTFULLY SHOWETH:

2. That the Petitioner is filing the present writ petition under article 226 of the
constitution of India praying inter alia for quashing the impugned order dated ____
passed by Respondent No. 1______ and reinstating the petitioner in service with all
consequential benefits including back wages.
3. That the petitioner is a citizen of India and is therefore entitled to enjoy all the rights
guaranteed by the Constitution of India.
4. That respondent No. 1 is a company registered under the Companies Act, 2013 having
its registered office at_________.
5. That respondent No. 2 is the Managing Director of the Company with powers of
Appointment, termination and manage all day to day affairs of the Company.
6. The respondent-company is wholly owned by the Government of India and is, thus, an
instrumentality of state is given in Article 12 of the Constitution.
7. That the petitioner was working as ______________ with respondent-company and was
appointed on _______. He has been a diligent employee and been discharging his duties
and obligations according to the employment norms and applicable rules of the
Respondent Company.
8. That on_____ respondent No. 2 issued the impugned order dated_____ terminating the
services of the petitioner without giving an opportunity to be heard to the Petitioner.
The petitioner came to be relieved of his duties on ______. A copy of the impugned order
is annexed hereto and marked as ANNEXURE-1.
9. The Petitioner states that the order of the termination of the service of the Petitioner
was passed without following the due process of the principle of nature justice.
10. That the Petitioner has been discharging his duty as an employee according to the
Respondent Company norms and therefore has not committed any act which would
constitute as misconduct.

31
GROUNDS

11. That the present Writ Petition is being filed on the following, amongst other, grounds
without prejudice to each other;
a. Because the petitioner being a permanent employee of the respondent-company his
services could not be terminating without holding an enquiry under the rules
applicable to the employees of the company.
b. Because the termination of the Petitioner is against the principle of natural justice as
the Respondent was not given opportunity to heard.
c. Because the impugned order is arbitrary and contravenes Article 14 and Article 21
of the Constitution.

12. That the Petitioners have no other efficacious remedy except to approach this Hon'ble
Court by way of this Petition under Article 226 of the Constitution of India.

13. That the Petitioners have not filed any other petition or preceding in any court or
tribunal throughout the territory of India regarding the matter.

PRAYERS

In view of the facts & circumstances stated above, it is most respectfully prayed that this
Hon'ble Court may be pleased to:-

a) Issue a Writ of Mandamus to the Respondent 1 with a direction for quashing the
impugned order and reinstating the Petitioner in service with all consequential
benefits including back wages;
b) Issue an appropriate Writ Directing the Respondents to pay Cost to the Petitioner;
c) Any other relief, order or direction this court may deem fit and proper under the facts
and circumstances of this case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER
PRAY.

FILED BY:

(________________)
ADVOCATE FOR THE PETITIONER

DRAWN ON: Drawn by:

32
New Delhi

Date:

General Power of Attorney (GPA)

A general power of attorney is a legal document whereby one person authorises another
to act on his/her behalf. The person authorising is referred to as the ‘principal’ and the
person being authorised under the power of attorney is called an ‘agent’. A general power
of attorney, as is evident by its name, is not drafted for a specific purpose and the agent
can act on behalf of the principal on varied matters. The acts of an agent acting on the
behest of a general power of attorney, bind the principal. The power of attorney is
frequently used in the event of a principal's illness or disability, or when the principal
can't be present to sign necessary legal documents for financial transactions. It is a
document that lists the authorization/power given to the third party.

Why is General Power of Attorney (GPA) required?

A general power of attorney is often required to provide for situations wherein a person is
unable to act for himself and may require another to act on his behalf. Common situations
wherein a general power of attorney may be required are when the principal is suffering
from some legal/physical disability or inability, or illness or is incapacitated to act for
himself. It may be used to cover for the principal’s absence in situations wherein he/she is
required to take decisions or carry out specific tasks etc.

GENERAL POWER OF ATTORNEY FORMAT

I, ________________________________ [FULL NAME], son of _____________________________________

[FATHER’S FULL NAME], residing at _______________________________________[FULL ADDRESS],
hereby appoint ________________________________ [AGENT'S FULL NAME], son of
_________________________________[AGENT’S FATHER’S FULL NAME], residing at
________________________________ ____________[AGENT'S FULL ADDRESS], as my Attorney-in-Fact
("Agent").

(hereinafter called "the Agent") to be my lawful agent, he shall have full power and
authority to act on my behalf. This power and authority shall authorize my Agent to
manage and conduct my all business transactions and to exercise all of my legal rights and

33
powers, that I may acquire in the future. My agent’s power shall include, but not be limited
to, the power to:
1. To manage my business transactions, investments, securities and movable property
in such manner as the Agent shall think fit and to make any payments regarding my
business affairs, securities, investment and movable property.
2. To manage my immovable property for the time being in such manner as the Agent’s
think fit and to make any outlay in connections with the immovable property thereof
or otherwise in relation to the said property or any part thereof.
3. To open, maintain or close bank accounts [including, but not limited, checking
accounts, certificates of deposit and saving accounts], or any other similar accounts
with financial institutions.
4. To manage and Perform any act necessary to deposit, negotiate, sell or transfer any
note, security, or draft of the United States of America, including U.S. Treasury
Securities.
5. To Purchase and/or to maintain insurance, including life insurance upon my life or
the life of any other appropriate person.
6. To [Sell/exchange/ buy/invest/ reinvest] any assets or property owned by me. Assets
or property may include income producing or non-income producing assets and
property.
7. To settle any claim and all legal steps necessary to collect any amount or debt owed to
me, whether made against me or asserted on my behalf against any other person or
entity.
8. To avail and exercise all stock rights on my behalf as my proxy, including all rights
with respect to stocks, bonds, debentures, or other investments.
9. To answer and operate any business that I may own.
10. To Prepare, manage, sign and file documents with any governmental body or agency,
including, but not limited to, authorization to:

 File income tax and other tax with federal, state, local, and other governmental
bodies.
 To obtain information or review documents from any government or its agencies,
and negotiate, compromise, or settle any matter which is related with government
or agency along with tax matters.
 To provide information, prepare application and perform any other act reasonably
requested by any government or its agencies.

34
 11. To Disclaim any interest which might otherwise be distributed or transferred to me
from any other person, trust, or other entity, as may be appropriate.
12. This Power of Attorney shall be drafted broadly as a General Power of Attorney. The
listing of specific powers is not intended to limit or restrict as the general powers
granted in this Power of Attorney in a prescribed manner.
13. Any power or authority granted to my Agent under this power of attorney shall be
limited to the extent necessary to prevent this Power of Attorney from causing:
 income to be taxable to my Agent,
 all assets to be subject to a general power of appointment by my Agent
 Agent to have any incidents of ownership which relating to any life insurance
policies that I may own on the life of my Agent.

14. My Agent shall be entitled to reasonable compensation and also shall be entitled to
reimbursement of all reasonable expenses incurred in accordance with this Power
of Attorney.
15. My Agent shall provide an accounting for all funds handled and all acts performed as
my Agent, if I so request or if such a request is made by any authorized personal
representative or fiduciary acting on my behalf.
16. My agent shall appear in my name and in my stead before any competent court and
any legal or public authority including but not limited to all national and federal tax
authorities.

This General Power of Attorney may be revoked by me at any time by providing written
notice to my Agent and shall be effective from the date of its execution in the presence of
two independent witnesses.

Dated ____________________, 20____ at _________________, _________________

YOUR SIGNATURE:

Full Name:
Address:
[Witness:1] [Witness:2]
Name: Name:
Address: Address:
Signature: Signature:

35
 FIR

FIR is the first information report. You have to give the written application for register the
FIR, after this, police will take the action against thief.

Need of Registering the FIR for theft

As per law, it is your duty to safeguard your assets from theft but sometime, thieves are
clever from you. So, when thieves has taken your asset through theft, contact your near
police station and notify them by written FIR. Only after this, police will capture the
thieves.
Draft an F.I.R. about the theft of your cycle
This is a sample letter to file a FIR for theft of your cycle.

To

The Officer-in-Charge
Police Station Name

Sir

This is to inform you that my cycle has been stolen from the cycle stand in the daily
market last evening.

Last evening, before I went to the market, I placed my green model Hero Cycle in the cycle
stand No. 1 as usual. I had locked the cycle. The cycle bears the No. M2008. I had bought it
only a month ago and it was almost new. The cycle had a full gear case, a carrier and a side
basket. When such mishap occurred I was buying vegetables in the market. I asked
everybody who were present there about the cycle. It was all in vain.

I request you to kindly register a case of theft and initiate the necessary investigation to
recover the stolen cycle.

Yours faithfully,

Your Name

Write your signature

Write your address
36
 Write your mobile no.

Attach your I.D. Proof. and Photostat of Bills ( as proof of owner of property)
Attach the identity of doubtful persons ( who may be thieve as per your doubt)
Attach Govt. or Private Doctor's Certificate that you have injures if thieves have attacked
on you.

Make 3 Copies of this. Stamp of Police station and take the sign of police officer.

 One will be in the hand of police.

 One you will attach with the application of duplication document ( if thieves have
taken your legal document).
 One will be in your hand.

Divorce Petition by Hindu Wife on the Grounds of Cruelty

IN THE FAMILY COURT BANDRA, MUMBAI

M.J. PETITION NO. ___ of ____ Smt. ___________, daughter of ___________, aged _______ years,
residing at ___________ Petitioner.

Versus

XYZ, son of _________, _______ years of age, residing at _________, carrying on __________
business...... Respondent.

In the matter of dissolution of marriage under Section 13 of the Hindu Marriage Act, 1956:

And

In the matter of the Family Courts Act, 1954;

And

In the matter of Divorce of the Petitioner with the Respondent on grounds of

cruelty.

TO,

THE HON''BLE PRINCIPAL JUDGE

37
AND OTHER JUDGES OF THIS
HON''BLE COURT.
THE HUMBLE PETITION OF
THE PETITIONER ABOVENAMED

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner and the Respondent were lawfully married according to
traditional Hindu Vedic rites on the ______ day of __02 at the ______ in Mumbai. Hereto
annexed and marked Exhibit 'A' is a copy of the marriage certificate evidencing the
said marriage.
2. The Petitioner and the Respondent are Hindu by birth and they continue to be so.
3. After the said marriage, the Petitioner and the Respondent cohabited and lived
together at the Petitioner's house for about six years. There were two issues out of
this marriage viz. LML (son of ________ years of age) and HIJ (daughter of ___ years of
age).
4. The Petitioner states that from the month of ___ 02, the Respondent began to ill-treat
the Petitioner, and from the month of _____02, began to physically assault the
Petitioner without any cause whatsoever. For some time, the Petitioner made no
complaint and underwent such ill-treatment, hoping that the Defendant would see
better sense. However, on or about ____month of 02, the Respondent attacked the
Petitioner with a stick and inflicted serious injuries leading to multiple fractures in
hand and leg of the Petitioner. The Petitioner thereupon lodged a complaint at the ____
Police Station, being complaint No. ___. The Petitioner craves leave to refer to and rely
upon a copy of the said complaint when produced.
5. The Petitioner says that as a result of the aforesaid injury inflicted on the Petitioner
by the Respondent, the Petitioner had to be hospitalized for six days. The Petitioner
craves leave to refer to and rely upon the Medical Certificate issued by Dr. ____ who
treated the Petitioner at ______ Hospital.
6. The petitioner says that even thereafter, the Respondent continued to treat the
Petitioner in a cruel and violent manner. The Petitioner says that such cruelty has
cause an apprehension in the mind of the Petitioner that it will be harmful and
injurious for the Petitioner to continue to live with the respondent.
7. There is no collusion or connivance between the Petitioner and the Respondent in
filing this Petition.
8. The Petitioner is claiming alimony @ Rs. ---- per month from the Respondent.

38
 9. No other proceedings with respect to the marriage between the Petitioner and the
Respondent have been filed in this Honorable Court or in any other Court in India.
10. The Petitioner and the Respondent were married in Mumbai and last cohabited in
Mumbai within the territorial limits of the jurisdiction to entertain, try and dispose of
the present Petition.
11. The Petitioner being a lady is exempt from payment of Court fees.
12. The Petitioner will rely on documents, a list whereof is annexed hereto.

The Petitioner therefore prays:

 That this Honorable Court be pleased to decree a dissolution of the said marriage
between the Petitioner and the Respondent;
 That the Petitioner be granted alimony @ Rs. _______/- per month;
 That the Respondent be ordered and decreed to pay to the Petitioner the costs of
this Petition; and
 In the alternate to prayer (c) above, the Respondent be directed to give the
Petitioner a sum of Rs. ________/- so as to enable her to purchase suitable
accommodation for herself;
 That pending the hearing and final disposal of this petition, the Respondent be
directed to provide the Petitioner with a monthly allowance of Rs. ____/- to meet
her personal expenses and the expenses of running the matrimonial home;
 For such further and other reliefs as the nature and circumstances of the case may
require.

Petition drawn by:

Mr. ABC,
Advocate, Sd/- Petitioner
High Court, Mumbai.

VERIFICATION

I, ___________, the Petitioner above named, do hereby solemnly declare and say that what is
contained in paragraphs _________ to __________ is true to my knowledge and that what is
state in paragraphs _______ to _______ is stated on legal advice and I believe the same to be
true. ______ day of ____02. Sd/-

Before me,
39
Registrar/Superintendent,

Notice

The system of filing suits has long prevailed in Indian legal history. The institution of a
civil suit is always preceded by the issuance of a legal notice. The legal notice is a
document in which the respondent is told about the allegations that are being levied upon
him, or whether he has failed to fulfill any obligation, or if he has been negligent. Order 6
Rule 11 of the Code of Civil Procedure, 1908 states that notice is basically a document
where one communicates the material allegations against a person they are sending the
notice to, which is usually the defendant.

The above-mentioned issuance of notice is a practice followed in a civil suit against a

private individual, but, if one needs to file a suit against the Government or a public officer,
then the process for the institution of suit and issuing of the notice is different. Section 80
of the Code of Civil Procedure, 1908 states that if there is a suit being initiated by the
plaintiff against the Government or a public officer, then the plaintiff shall give the legal
notice at least 2 months prior to the date of filing the suit in the court. This is not
suggestive but a mandatory period.

Format of notice u/s 80 of CPC [to Municipal Corporation]

MR D DEV ROY
ADVOCATE

17/2/3 ab Road , Near Citi Cinema, Kolkata- 12

Tel: xxxxx
Email: xxxxx

DATE:

My Client :

Smt xxx Bhattacharyya

w/o Late xxx Bhattacharyya
133/C, Raja xxxxxx Sarani Kolkata- 9

To
40
 1. The Kolkata Municipal Corporation,
2. Mayor,
3. The Mayor –in –Council

Kolkata Municipal Corporation.

Attention: Municipal Commissioner

Sub: Notice to remove encroachment in connection with property/premises/footpath

within a month on receiving the same at 8C Hindusthan Road measuring 3k 4ch 2sqft

Sir

I am hereby serving this notice u/s 80 of Civil Procedure Code on behalf of my above client
as you failed to remove unauthorized squatter and encroacher from the footpath adjacent
to the property and allowed to pop up a Sahid Bedi cum garden with Flags , just front of
the property.

1. That the premises and property under your jurisdiction belongs to my client at 8C
Hindusthan Road. ( attaching a tax receipt in this regard)

2. That some unscrupulous element suddenly put a makeshift park/ garden/sahid Bedi
just front of the entrance of the premises and covered it with a boundary, which made
it impossible for my client either to enter in the premises or open gate at the
boundary wall of the premises. (Attaching a photocopy to explain the circumstances).

3. That the premises situated at 8C Hindusthan Road and a footpath is attached and runs
in between the Hindusthan road and the scheduled premises. The makeshift has come
up last year on the footpath blocking the entrance of the premises. The premises has
been protected by boundary walls and touching the boundary wall the makeshift has
been creating blocked for ingress and egress to the property.

4. That the footpath and its maintenance belongs to your jurisdiction and control.
Therefore, my client approached to you with a humble request to remove the
makeshift in front of the premises. You verbally assured to look after the matter but
you failed to remove it within a reasonable time.

5. That my client wants to get a sanction plan from your ends to construct a residential
house for personal use over the land, but due to such hardship, it could not be
possible to use it for any meaningful purpose , if you do not interfere in the matter.

41
 6. Therefore my client is planning to institute a civil and constitutional action against
you, making you a necessary party for your such failure.

7. That my client suffered huge loss and further suffered degradation of valuation of the
property which cannot be mitigated without paying damages from your ends in the
tune of Rs One Crore ( INR)

xxxxxxxxxxxxxxxxxxxx

Advocate

Attachment:

1. Tax Receipt [Xerox]

2. 2.Mutation Certificate [Xerox]
3. Photograph of the premises

FORMAT OF PLAINT CLAIMING COMPENSATION FOR DEFAMATION

In the Court of Civil Judge Class I at ________
Suit No. ________ / 20____

ABC S/O________, R/O ____________ …. Plaintiff

Vs.

XYZ S/O________, R/O____________

…. Respondent

Plaint under Order 7 Rule 1 for Compensation for Defamation

The plaintiff respectfully states as follows: –

Brief Description of the case:

(1) The respondent publicly accused the plaintiff of ___________, which has caused immense
harm to the reputation of the plaintiff. The present suit is meant for compensation for the
harm done to the plaintiff’s reputation.
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Matters of Inducement:

(2) Plaintiff sells ______ in many colonies of ________ (place) including _________

(3) Respondent is the president of an informal resident association ________.

Facts constituting cause of action:

(4) In a resident’s association meeting held on ________, the respondent publicly accused
the plaintiff of selling his products with mixing. A tape record of the respondent making
the accusation is attached with this petition.

(5) The said speech made by the respondent was heard by hundred of residents of _______,
where the plaintiff sells goods.

(6) The said speech has caused the plaintiff a lot of embarrassment and loss of business.

(7) The plaintiff denies that he sells mixed products and claims that the statement made
by the respondent was completely baseless.

Jurisdiction:

(10) The meeting where the defamatory statement was made by the respondent
happened in _________, which is under this court’s jurisdiction.

(11) The plaintiff claims, on account of the loss of business as well as mental agony, an
amount of _________ which is under this court’s jurisdiction.

Relief Claimed:

(12) The plaintiff prays that the court be pleased to order the respondent to pay sum of
Rs _________ on account of the loss of business because of his baseless and false speech. The
plaintiff further prays that the respondent be ordered to pay compensation for mental
harassment and cost of this litigation.

(Signature of the plaintiff)

43
Advocate for Plaintiff

Place: __________

Date: __________

Verification

I, ______, do hereby verify that the contents from paras 1 to 12 are correct and true to the
best of my knowledge and personal belief and no part of it is false and nothing material
has been concealed therein. Affirmed at ______ on this ____ Day of _________ 20XX

(Signature)
Plaintiff

Lease

As per Section 105 of the Transfer of Property Act, the definition of ‘Lease’ can be
understood as a transfer of a right to enjoy property for a certain time or in perpetuity; in
consideration of a price paid or promised or of money, a share of crop, service or any
other thing of value to be rendered periodically or on specific occasion to the Lessor by
the Lessee who accepts the transfer on such terms.

 Lessor is the absolute owner of the property which is the subject matter of the
lease;
 Lessee is the person acquiring the rights to use and enjoy the property on lease
from the Lessor;
 Duration is the term for or period for which the rights to use and enjoy the
property is granted. The duration of the lease can be for a certain time, express or
implied or can also be in perpetuity;
 Premium or Rent is the consideration for granting the rights to use and enjoy the
property can be in the form of a one-time price paid or promised i.e. Premium or on
payment of money or any other thing of value, periodically or on specific occasions
or intervals, known as Rent.

Template

44
Here is a short template of a standard Lease Deed for setting up a small scale industry in
an Industrial area.

LEASE DEED

THIS DEED OF LEASE entered into at Mumbai on this ____ day of ________ March 2018
between MR. ABC residing at ________________________________________________________
Mumbai__________. hereinafter referred to as ‘THE LESSOR’ which expression unless be
repugnant to the meaning or context thereof will mean and include his heirs, survivors
and legal assigns of the ONE PART;

AND

M/S. XYZ PVT. LTD. represented herein by its Director MR. ___________ having its address
at _________________________ ____________________________ Mumbai – _______________ hereinafter
referred to as ‘THE LESSEES’ which expression unless be repugnant to the meaning or
context thereof will mean and include the said Company, its Directors, Managers,
Subsidiaries and Permitted Assigns if any of the OTHER PART.

WHEREAS:

1. The Lessor is the exclusive owner of a plot of land, admeasuring _______ Guntas at
Village _______, Survey No. _____________, Bhiwandi, Thane more particularly described
in the Schedule A. The Lessor has acquired this premises vide a Deed of Conveyance
dated 29th September 2011 bearing Registration Serial No. BVD1 – ________ – 2011
from MR. _________________ and MRS. _________________, for the sake of brevity and
convenience, hereinafter referred to as ‘THE LAND’.
2. The Lessee is in business of Textiles and is already having manufacturing facilities at
______________________ Mumbai. In course of expansion of their existing business, the
Lessee have requested the Lessor to grant on lease basis a part of the land for the
purpose of setting up a textile manufacturing unit thereon which will be used for
their industrial and manufacturing purpose of carrying on Textile Weaving, Dyeing,
Bleaching, Printing and other related activities. The area to be given on lease is more
particularly described in the Schedule and herein after referred to as ‘The Leased
Land’.

45
 3. The Lessor has agreed to grant lease of the Leased Land for a period of 10 years
subject to terms and conditions hereinafter appearing.
4. The Lessor has made out his marketable title to the leased land free from all
encumbrances, claims or reasonable doubts.

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. The Lessor agrees to give on lease and the Lessee agree to take on lease a plot of land
admeasuring ________ Guntas or __________ sq. mtrs. at Village _________, Bhiwandi, Thane
more particularly described in the Schedule hereunder written, for a period of 10
years.
2. The Lessee shall pay a lease rent of Rs. 1,10,000/- (Rupees One Lakh Ten Thousand
Only) per annum starting from 1st April 2018. Such annual lease rent shall be
payable by the first month of the year. The time shall be an essence of this contract.
Upon failure of the Lessee to make such payment by end of the first month, the
Lessee shall be liable to pay interest thereon at 2% per month, however, in no case
such payment shall be delayed by six months thereafter. Upon failure of the Lessee to
pay the amount even by the extended time limit, the Lessor shall have right to
terminate this agreement, apart from any other course of action available to him.
3. The Lessees Hereby Agree To The Following Covenants:

 To develop the land and construct the powerloom shed under Group Work Shed
Scheme, to sub-let the powerloom shed under Group Shed to the members of the
group for purpose of powerloom unit activity.
 To pay all taxes, cess, impositions, assessments, dues and duties payable in
respect of the leased land to the Government of Maharashtra or the M.M.R.D.A. or
any other local authority or public body. If any of such liability is discharged by
the Lessor, the same shall be reimbursed to the Lessor by the Lessee
immediately.
 Not to sell or dispose the said leased land or act in any manner which may
adversely affect right title and interest of the Lessor over the lease land.
 Not to sell, dispose of, unit to be set up by the Lessee on the leased land which
may adversely affect the rights, title and interest of the Lessor over the lease
land, without the prior consent of the Lessor in writing.

46
  To insure and to keep insured the constructed buildings /plant /machineries /
equipment on the leased land against the loss or damages by fire, earthquake,
riot or affray with a reputed insurance company approved in writing by the
Lessor in the joint names of Lessor and Lessee.
 To use the leased land for the said Industrial and commercial purposes i.e. for
manufacturing and processing of textiles only. Usage for any other purpose
would be only by prior written consent of the Lessor.
 To construct, occupy, maintain and use the leased land and all the buildings,
machineries and equipment thereon in strict conformity with all applicable laws,
rules and regulations. If any liability is required to be discharged by the Lessor
on this account, the same shall be reimbursed by the Lessee immediately.
 To permit the Lessor or his duly authorized agent / agents to enter upon the
leased land and constructed buildings at reasonable hours to inspect the same,
provided the Lessor shall not thereby unreasonably interfere with the Lessee’s
business on the leased land and constructed buildings.

4. The Lessor Hereby Agrees To The Following Covenants:

 The Lessor is absolutely seized and possessed of or otherwise well and sufficiently
entitled to the leased land and is having full power and absolute authority to
demise unto the Lessees the leased land.
 The Lessees shall peacefully and quietly hold, possess and enjoy the leased land,
during the term of lease without any interruption, disturbance, claims or demand
whatsoever by the Lessor or any person or persons claiming under him subject
however, the Lessee observing and performing the covenants, conditions and
stipulations herein contained and on his part to be observed and performed.
 If any permission or no objection certificate is required to be obtained from the
Government or local authority for granting the lease of the leased land, the Lessor
shall obtain the same at his own costs.

5. It is hereby agreed that if default is made by the Lessee in observance and performance
of any of the covenants and stipulations hereby contained and on the part to be
observed and performed by the Lessee, then on each such default, the Lessor shall be
entitled in addition to or in the alternative to any other remedy that may be available
to him at his discretion, to terminate the lease and from the textile manufacturing unit
47
 that may have been constructed thereon and to take possession thereof as full and
absolute owner thereof; provided that a notice in writing shall be given by the Lessor
to the Lessee of his intention to terminate the lease and to take possession of the
leased land and constructed building and the Lessee fails to correct, comply with or
carry out the covenants and conditions or stipulations within fifteen days from the
service of such notice. In such an event, the entire security deposit shall stand
forfeited.
6. And It Is Hereby Agreed Between The Parties As Follows:

 The Lessee shall have the option to terminate the lease agreement by giving six
months prior notice in writing to the Lessor.
 On the expiry of the term hereby created or earlier determination under clause (a)
hereinabove, the Lessee will hand over peaceful and vacant possession of the
leased land in good condition. The Lessor shall refund the security deposit, after
adjusting the amount of any liability / likely liability remaining
unpaid/undischarged by the Lessee as on that day. The Lessee shall settle and
discharge all the Government Liabilities, if any, at the point of termination of this
Lease Deed, however, if any liability remains undischarged then it shall be settled
by the Lessor, which cost shall be reimbursed by the Lessee to the Lessor. The
constructed building shall be taken over by the Lessor at the time of termination
of this Lease Deed at the depreciated book value.
 In the event mentioned at Clause (b) hereinabove, the Lessor will have the first
right regarding purchasing from the Lessee the buildings / plant / machineries /
equipment thereon at a mutually agreeable price.
 The Lessor shall have a right to sell, assign or encumber the land during the
subsistence of the lease period; provided, however, such act shall not affect the
right of the Lessee under this agreement. In case of sale of the leased land on the
payment to the Lessor, a consideration to be mutually agreed upon between the
Lessor and Lessee and the Lessor shall execute a conveyance in respect of the
reversion of leased land purchased by the Lessee in favour of the Lessee.
However, the Lessor shall have full right and authority to deal with the rest of the
land in any manner.

7. This Lease Deed shall be executed in duplicate. The original shall be retained by the

48
 Lessor and the duplicate by the Lessee.
8. The Lessee shall bear the stamp duty, registration charges and other expenses in
respect of this Lease Deed. The Lessor shall bear and pay all other costs incurred by
him including his Advocate’s fees.
9. This Agreement shall be governed by and will be construed in accordance with the
laws of the State of Maharashtra. If any part of this Agreement is not enforceable, the
remaining provisions will remain valid and enforceable.
10. If the Lessor or the Lessee disagree as to any matter governed by this Agreement, the
parties shall promptly consult with one another in an effort to resolve the
disagreement. If such effort is unsuccessful, any controversy or claim arising out of or
relating to this Agreement, or the breach thereof, shall be settled by arbitration in
accordance with the Arbitration and Conciliation Act, 1996, except that equitable relief
may also be sought in Courts of Law at Mumbai.

SCHEDULE OF THE DEMISED PROPERTY

Land Admeasuring _____ Guntas or ______ sq. mtrs. craved out of the total Land owned by
the Lessor.

Term of Lease – 10 years.

Lease Rent – Rs. 1,10,000/- per annum.

IN WITNESS WHEREOF, THE LESSOR AND THE LESSEES HAVE PUT THEIR RESPECTIVE
HANDS ON THE ORIGINAL AND DUPLICATE THEREOF THE DAY AND YEAR FIRST
HEREINABOVE WRITTEN.

SIGNED AND DELIVERED ]

BY WIHINNAMED ‘THE LESSOR’ ]

MR. ABC ]

In the Presence of ………………………….. ]

49
SIGNED AND DELIVERED ]

BY WIHINNAMED ‘THE LESSEE’ ]

M/S. XYZ PVT. LTD. ]

Represented herein by ]

MR. ___________________ ]

In the presence of …………………………………. ]

RECEIPT

Received with thanks from M/S. XYZ PVT. LTD. a sum of Rs. 1,10,000/ being the annual
lease rent for the 1st year of the lease of the Scheduled premises by way of
__________________ ___________________________________________________________________________

I say Received,

(MR. ABC)

Gift deed format

This Gift Deed is made and executed on this ………………. day of Month of ………… of the Year
…………, at…………………………….
Between
<Name> son/daughter/wife of <Father’s/Husband’s name>, Age……Marital Status………,
<Profession>, <Nationality>, Resident of ……………………………… Having Aadhar card
No………………… hereinafter called the Donor of the one part.
AND
50
<Name> son/daughter/wife of <Father’s/Husband’s name>, Age……Marital Status………,
<Professional Status>, <Nationality>, Resident of ……………………………… Having Aadhar
card No………………… hereinafter called the Donee of the other part.
The expressions of the DONOR PARTY No. 1 and the DONEE PARTY NO.2 shall mean and
include their respective heirs, successors, executors, nominees, assignees, administrators
and legal representatives, etc.
AND WHEREAS the DONOR PARTY NO.1 is the owner and in possession of the property
having been purchased/acquired vide registered sale deed as document
No……………………………, Addl. Book-I—-, Vol. No…………pages …to…., on date
……………………duly regd. in the office of SR………,
AND WHEREAS the above PROPERTY, more particularly described in the schedule herein
below, is free from all sorts of encumbrances such as liens, charges, claims, liabilities,
acquisitions, injunctions or attachments from any Court of Law, gifts, mortgages, demands,
notices, notifications, legal disputes, difference, prior sale and flaws, etc. etc. and the
DONOR PARTY No.1 is fully entitled to dispose of the same.
AND WHEREAS the DONOR PARTY NO.1 has great love and affection for the DONEE
PARTY No. 2 being HIS/HER _____________ <BLOOD RELATION>
AND WHEREAS the DONOR PARTY NO. 1 has agreed to Gift/Donate the property
described in Schedule herein below UNTO the DONEE PARTY NO.2 and the DONEE PARTY
NO.2 have also agreed to accept the same.
NOW THIS GIFT DEED WITNESSETH AS UNDER:
(1) That the DONOR PARTY NO.1 does hereby donate/gift the
property__________________________________________________ __________,
UNTO_____________________________________________________________ S/O, D/O, W/O
_____________________________________________, R/O, ______________ on account of great love and
affection for THEM being HIS/HER REAL ______________________ <Relation>
(2) The possession of the aforesaid PROPERTY UNDER DONATION/GIFT has been handed
over/delivered to the DONEE PARTY NO2 by the DONOR PARTY NO.1
(3) That the DONEE PARTY NO. 2 has now become the absolute and exclusive Owner with
all rights in the aforesaid PROPERTY UNDER DONATION/GIFT from today and shall also
enjoy all rights of Ownership, etc., therein.

51
 (4) The DONOR PARTY NO.1 has now been left with no right, title, interests or liens, etc.
whatsoever of any sort/nature in the aforesaid PROPERTY UNDER DONATION/GIFT
henceforth after the execution/ registration of this GIFT DEED. The property in question is
free from acquisition by the Govt. nor by any other authority.
(5) That the DONEE PARTY NO.2 with HIS/ HER own funds shall get the PROPERTY
UNDER DONATION/GIFT transferred/mutated in his favour in the records of Rights of
Revenue Department on the basis of this GIFT DEED and Donor Party No. 1 hereby
conveys his No Objection for the mutation of the property herein below mentioned under
schedule, in the name of the Donee
(6) That the DONEE PARTY NO.2 has accepted the GIFT of the said PROPERTY UNDER
DONATION / GIFT DEED and has also taken over the possession of the same from the
DONOR PARTY NO.1.
(7) That the market value of the above-mentioned PROPERTY UNDER DONATION/GIFT
has been assessed at Rs. ___________ (Rupees_______________ only), as per Notification
published in Official Gazette, Series; _____ No. __________. Dated: ___________
(8) That all the expenses of the GIFT DEED such as Stamp Duty, Registration Fees etc.
have been borne and paid by the DONOR PARTY NO 1 / DONEE PARTY NO 2.
(9) That all future taxes, cesses, rates or any other Govt. or Municipal dues and demands
in respect of the above-mentioned PROPERTY UNDER DONATION/GIFT shall be borne
and paid by the DONEE PARTY NO 2.
(10) That all the Title Deeds/papers including previous title deed (in originals) relating to
the Gifted PROPERTY, herein below mentioned UNDER DONATION/GIFT have been
handed over/delivered to the DONEE PARTY NO 2 by the DONOR PARTY NO 1
SCHEDULE
(Complete description of the Property)
East:
West:
North:
South:

52
In witness whereof, the parties have signed and affixed their signatures thumb mark on
this Gift Deed after understanding the contents of the same on the day, month and year
first above written in the presence of the below-mentioned witnesses.
Name and Signatures of Donor
Name
Signature
Right Thumb
Index Finger of Right Hand
Middle Finger of Right Hand
Forefinger of Right Hand
Little Finger of Right hand
Left Thumb
Name and Signature of Donee
Name
Signature
Right Thumb

Witnesses

1. Name, signature, address

2. Name, signature, address

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