CLINICAL LEGAL EDUCATION – III

Syllabus:
Module I: General Principles and Conveyances
1. Sale Deed
2. Mortgage Deed
3. Lease Deed
4. Gift Deed
5. Will
6. Power of Attorney
7. Promissory Note

Module II: Drafting – Rules under CPC and Pleadings (Civil)

1. Plaint.
2. Written Statement.
3. Affidavit.
4. Execution Petition.
5. Memorandum of Appeal and Revision.
6. Petition under Article 226 and Article 32 of Indian Constitution.
7. Injunctions and Interlocutory Applications.
8. Original Petition.
9. Notice of Motion

Module III: Matrimonial Pleadings.

1. Petition for Restitution of Conjugal Rights under the Hindu Marriage Act,
1955.
2. Joint petition for divorce by mutual consent under the Special Marriage Act.
3. Petition for Judicial Separation under the Hindu Marriage Act, 1955.
4. Petition for Dissolution of Marriage by Decree of Divorce the Hindu
Marriage Act, 1955.
5. Petition for Judicial Separation under the Special Marriage Act.
6. Application for custody of children under Hindu Law.
7. Miscellaneous Petitions.

Module IV: Moot Court

1. SALE

Sale is a transfer of ownership in exchange for a price paid or promised/partly paid and partly
promised. Sale implies an absolute transfer of all rights in the property sold. The transferor
does not have any rights whatsoever once the property has been sold. There are two important
elements that constitute a sale.
1. Transfer of ownership - Bundle of all the rights and liabilities in a property.
2. Money consideration - Ownership must be transferred in exchange of certain consideration
(money)
Time is not the essence of the contract regarding the sale of immovable property, unless
specifically stated. Essentials of a Sale are as follows:
1. Parties: Atleast 2 parties must be present in a Sale. The owner will be the transferor and the
purchaser will be the transferee.
2. Subject matter: Section 54 to 57 of the TOP Act deal with transfer of immovable property
only
3. Money consideration: The payment of the amount with regard to sale shall be made before
the transfer, at the time of transfer or after the transfer, as decided between the parties.
4. Conveyance: It is a legal document that serves as proof of the transfer of deed, title,
possession, ownership from the owner to the purchaser.
The buyer and seller, however, must be competent to transfer the property or purchase the
property. They should be of sound mind. They must attain the age of majority at the time of
transfer. The owner of the property must have a legal title of the property. Inadequacy of
consideration is not a relevant factor for the validity of a sale. If the price or consideration is
found to be less by the court as per the market value of the property, the sale is still held to be
valid. However, the consideration for sale must be reasonable or else the court may infer the
transfer as fraud. The sale can be invalidated on the above-mentioned ground. Section 54
provides for 2 modes of transfer of an immovable property
1. Delivery of Possession: Tangible immovable property of value of Rs.100/- or more can be
transferred only through a registered instrument or by delivery of the property. Delivery of
possession means transferring of the physical control of the property to the buyer.
2. Registration of a Sale Deed: Transfer of an immovable property can only be affected by
executing a registered document known as the Sale Deed. Sale Deed involves all the details
of the transferor, transferee, the property, which is to be transferred and the consideration, for
which it is transferred. Therefore, merely making of an agreement of sale or executing the
power of attorney does not transfer the right, title or interest of an immovable property.
3. Cancellation of Sale Deed: If a transferor wants to cancel the Sale Deed subsequent to
registration, he has to file a civil suit for cancellation under ‘The Specific Relief Act’. He has
another option to buy the property from the transferee. The transferor cannot execute a
cancellation deed unilaterally nor he can get the same registered.
4. Will: Where a transfer of property has to take place after the death of the Seller, it should
be executed in the capacity of a testatrix and not seller having regard to the consideration and
close relationship between parties. Such document is construed as a Will.

2. MORTGAGE AND CHARGE

Section 5 (TRANSFER OF PROPERTY ACT) – Mortgage Defined: Mortgage is a

transfer of an interest in specific immovable property

For securing the payment of money by way of loan, existing or future debt

 Which may give rise to a pecuniary liability
- Transferor: who transfers the property for debt is known as “Mortgagor”.
- Transferee: who keeps the property and lend money is known as “Mortgagee”.
- Principal Amount + Interest: is “Mortgage-money”
- Instrument: by which transfer is affected is known as “Mortgage-Deed”.
Essentials of Mortgage are as follows:
1. There must be a specific immovable property
2. There must be two parties i.e., the Mortgagor and the Mortgagee
3. The parties must be competent to the transfer
4. There must be a transfer of interest for the purpose of securing the payment of money.
5. There must be a consideration, which may be
- Money advanced by way of loan
- An existing or future debt
- Performance of contract giving rise to a pecuniary liability

Kinds of Mortgage: There are 6 kinds of mortgage discussed below: -

1. Simple Mortgage: A simple mortgage is that mortgage, in which the Mortgagee has a
right to sell the mortgaged property and apply the sale proceeds of such property, in payment
of mortgage money. In such type of mortgage, there is a personal obligation of the Mortgagor
to pay the debt. Without delivering the possession of the mortgaged property, the Mortgagor
binds himself to pay the mortgage money personally to the Mortgagee. But, in an event, if
he fails to do so, the Mortgagee shall have a right to cause the mortgaged property sold for
recovery of the mortgage -money.
2. Mortgage by Conditional Sale: Mortgage by conditional Sale is that mortgage where the
Mortgagor sells the mortgaged property on following conditions: -
a. If the Mortgagor is unable to pay the mortgage money on a particular date, the sale shall
become absolute.
b. If the Mortgagor pays the mortgage money, the sale shall consequently become void
c. Once the Mortgagor pays the mortgage money, the Mortgagee shall transfer the property to
the Mortgagor.
3. Usufructuary Mortgage: Usufructuary Mortgage is that mortgage, in which the
Mortgagor delivers possession of the property expressly or by implication or binds himself to
deliver the possession of the mortgaged property to the Mortgagee, and authorizes him to
retain the possession until payment of the mortgage money. The Mortgagor authorizes the
Mortgagee to retain such possession of the property until payment of mortgage money and
also authorizes the Mortgagee to collect the rents and profits of the property as interest or
payment of mortgage -money.
4. English Mortgage: English Mortgage is that mortgage, in which the Mortgagor binds
himself to repay the mortgage money on a certain date and transfers the mortgaged property
absolutely to the Mortgagee, but subject to the provision that the Mortgagee will re-transfer
the mortgaged property to the Mortgagor when the payment of the mortgage-money is made
as agreed.

5. Equitable Mortgage: Equitable Mortgage is that mortgage, in which the person in any
state such as Kolkata, Chennai, Mumbai or any other town as may be specified by the State
Government by giving a notification in the official Gazette

Delivers to creditors or agents, the document of title to immovable property with an intention
to create security. Such transaction is also known as mortgage by deposit of Title Deeds. In
the banking transaction, it is known as an Equitable Mortgage, if the document of the
ownership over the property with the interest and title of the person are deposited as security
with the Bank.

6. Anomalous Mortgage: Any form of mortgage apart from what is stated above is an
Anomalous Mortgage. Anomalous Mortgage also includes any kind of combination of
mortgages stated above.

3. LEASE (SECTION 105 -117)

Section 105 – Lease Defined: Lease of immovable property is a transfer of right to enjoy
such property.

Lease is made for a certain time or in perpetuity

In consideration of a price paid/ promised
- money
- share of crops
- services
- any other thing of value

Such consideration has to be rendered periodically to the Lessor by the Lessee
1. A transferor is called the “Lessor”
2. A transferee is called the “Lessee”
3. The price paid for Lease is “Premium”
4. The instrument by which lease is affected is “Lease Deed”
Essentials of Lease:
1. Right to enjoy immovable property: Lease involves the transfer of Limited Interest in
the property. This Limited Interest in the property is transferred by the Lessor to the Lessee.
All rights of ownership are not transferred, only the right to enjoy such property is given to
the Lessee. Therefore, Lessee has a right to enjoy such property.
2. Duration of such enjoyment: The right to enjoy immovable property given on lease is
confined to certain period, express or implied, or such property may be given in perpetuity. In
other words, the lease must be for certain period.
3. Subject Matter: Immovable property must be the subject matter of the Lease. There
cannot be a lease of movable property or any property in goods.
4. Consideration: The consideration in the case of lease, must be in the form of premium or
rent. A lease of immovable property, must be for price in the form of money, share of crops,
service or any other thing of value.
5. Acceptance by Lessee: A lease of immovable property, must be accepted by the Lessee on
such terms and conditions as agreed upon. The acceptance by Lessee, must be in accordance
with the rule of valid acceptance provided under the Indian Contract Act, 1872.

In lease, there is a transfer of right of enjoyment of property. Right to enjoyment is

transferred only when there is transfer of possession. A lease creates a right in rem as it is not
merely a contract. (Right to rem means – “Every person entering into a contract has right in
rem, which means a right, which is available to Lessee against the entire world. No other
person can interfere with his right). The estate transferred to Lessee is called the ‘Leasehold’
and the estate remaining with the Lessor is called the ‘Revision’. Before the Lease, the owner
has the right to enjoy the possession of the land but after the property is leased, the owner has
to exclude himself during the term of lease. However, conditions can be drawn upon on the
Lease Deed, whereby there is nothing to prevent the Lessor from entering the Leased
property. The document “Lease Deed” must show the time period of operation of the Lease
and when it is going to commence or end. There are 3 types of Lease. They are as follows:
1. Lease for a certain time
2. Periodic Lease
3. Lease in perpetuity

A permanent Lease providing terms can give a tenant -landlord relationship. The only pre-
condition for establishing such relationship is that the landlord should have reserved the right
to evict the tenant. A lease for life is a lease for a certain time, for it terminates with the death
of the Lessee. It is necessary for Lease for certain time that the Lease Deed should be capable
of being made certain on a future date. The periodic lease are tenancies from month to month
or year to year. When the whole amount is paid as consideration in Lumpsum, it is called
‘premium’. The consideration which is paid periodically is known as ‘Rent’.

4. GIFT (SECTION 122 – 129)

Under Section 122, gift is the transfer of certain existing movable or immovable property
made voluntarily and without any consideration, by one person called the ‘Donor’, to another
person called the ‘Donee’. A gift can be accepted by or on behalf of the Donee. Such
acceptance must be made during the lifetime of the Donor and while he is still capable of
giving. It the Donee dies before acceptance; the gift is void. Gift is a transfer of movable or
immovable property and covers the following essential requirements: -
1. Transfer of ownership: Gift implies transfer of ownership of property. It is considered to be
one of the various modes of transfer of ownership of property recognized by law. Such
transfer of ownership of the property must relate to movable and immovable property.
2. Property must be Certain and Existing: Certainty and Existence of the property to be gifted
are the essential features of the gift. The property to be given as a gift must be certain and
such property must be existing at the time of making a Gift. It therefore, become as subject
matter of Gift.
3. Voluntary Transfer: It is one of the most important characteristics of a valid gift. The
property which is transferred by the Donor to the Donee must be made voluntarily. It
means, the transfer of property as a gift, must be without any coercion, fraud or undue
influence.
4. Consideration is irrelevant: The transaction which relates to the transfer of property by way
of gift, must be without consideration. The Donee has to pay no cost for the property being
transferred onto him.
5. Donor and Donee must be certain: It is one of the important essentials of a valid gift that
the Donor and Donee must be certain. One who makes the transaction and the one who
receives the property, must be existing at the time the transfer if made.
6. Acceptance of Gift: It is an important ingredient of a valid gift that the gift must be
accepted by the Donee himself or by any person authorized by Donee. The Donee must
accept the gift during the lifetime of the Donor. Acceptance must be made when both the
parties are capable of transacting the property as Gift.
7. Registration: When the gift given is of immovable property, the transfer of such
immovable property must be affected by a registered instrument, which must be signed by or
on behalf of the Donor or Donee and it must also be attested by atleast 2 witnesses.
The provision as to how a gift of immovable and movable property is affected, is down under
Section 123 of TOP Act.
1. Gift of immovable property: The transfer must be affected by a registered instrument,
which must be signed by the Donor and such instrument must be attested atleast by two
witnesses.
2. Gift of movable property: For the purpose of making a gift of movable property, the
transfer must be affected by a registered instrument, which is to be signed by the Donor. Such
instrument must be attested by atleast 2 witnesses. Such transfer can also be affected by
delivery of such movable property to the Donee directly.
Section 124 states that, if a gift comprises both the existing property and future property is
made, the gift of that future property becomes void, but the gift of existing property remains
valid. Therefore, the gift is partly valid (existing property) and partly void (future property).
Under Section 125, a gift of a thing to two or more Donees of whom, one does not accept it,
is void as to the interest, which he would have taken had he accepted it.
Section 126 states that gift can be revoked or suspended in the following situations: -
1. Conditional Gift: If a Donor or Donee agrees that on happening of a specified event, a gift
should be revoked and if the event happens or takes place, such gift stands revoked or
suspended. In other words, both the Donor and the Donee agree upon a condition of
happening a particular event for the purpose of revocation or suspension of the gift. If that
event, which was agreed upon, happens or occurs, the gift which depended on the happening
or occurrence of the event, stands revoked or suspended.
2. Coercion and undue influence are the basis of the gift: If the gift is made as a result of
coercion, undue influence, fraud, misrepresentation, may be revoked, provided that, there is
contract to that effect. In other words, if coercion, undue influence, fraud are the sufficient
grounds for revocation or suspension of gift.
3. If Gift is not complete: For the purpose of transfer of property as a gift, it is necessary that
such gift must be complete in all respects. If the gift is incomplete, such gift may be revoked
at anytime.

Gift deed
A gift deed is a document that records the act of giving a gift and is executed between the
donor (the person giving the gift) and the donee (person receiving the gift).

Though it is not compulsory to execute a gift deed while gifting any asset, it does create a
valid documentary record. A gift can be movable or immovable property that is transferable
and tangible.

Drafting a gift deed

As gifting is a voluntary action, the gift deed should mention that the deed has been made
voluntarily and out of the donor’s own choice without any force or coercion. The deed should
also declare that the donor is solvent (not bankrupt) and that the gift is being made without
any consideration.

Acceptance of gift
The next step is acceptance of the gift by the donee. Acceptance of the donee is recorded in
the gift deed by the donee’s signature and is also substantiated by acceptance of possession of
the gift. Another key element to this step is that the acceptance of gift should happen during
the life of the donor. The gift may be rendered invalid otherwise
Registration of deed
Gifts that involve immovable property should be registered under the Transfer of Property
Act. Unless registration of the gift deed is completed, the title does not pass on to the donee,
in case of gift of immovable property. Stamp duty shall be payable based on the value of the
gift. To ascertain fair value of the immovable property for calculation of stamp duty,
approved valuation experts will have to carry out valuation of the property.

Points to note
1. A minor is not capable of entering into a valid contract, so the minor cannot make a valid
gift deed. The guardian of the minor can accept a gift made to a minor on his behalf.

2. A gift once made cannot be revoked.

3. Gifts made to relatives defined by the Income Tax Act are exempt from tax in the hands of
the donee.

5. WILL

Everybody likes to make sure that the life he has led has been meaningful and is concerned
about his property after his death. A person can ensure as to how his property should devolve
and to whom it shall devolve, after his death, through a Will. If a person dies without leaving
behind his Will, his property would devolve by way of law of intestate succession and not
testamentary succession (i.e. in accordance to the Will) Hence, it is preferable that one should
make a Will to ensure that one's actual intension is followed and the property is devolved
accordingly. Will is an important testamentary instrument through which a testator can give
away his property in accordance to his wishes. The origin and growth of Will amongst the
Hindus is unknown.

Definition of Will & other Related Terms

A Will is a solemn document by which a dead man entrusts to the living to the carrying out of
his wishes. Will means the legal declaration of the intention of a person with respect to his
property, which he desires to take effect after his death. A ‘Will’ is the legal declaration of a
man’s intention, which he wills to be performed after his death, or an instrument by which a
person makes a disposition of his property to take effect after his death.

Codicil: Codicil is an instrument made in relation to a Will, explaining, altering or adding to

its dispositions and is deemed to be a part of the Will. The purpose of codicil is to make some
small changes in the Will, which has already been executed. If the testator wants to change
the names of the executors by adding some other names, or wants to change certain bequests
by adding to the names of the legatees or subtracting some of them, a Codicil in addition to
the Will can be made to do so. The codicil must be reduced to writing and has to be signed by
the testator and attested by two witnesses. It is also the duty of the court to arrive at the
intention of the testator by reading the Will and all the codicils.

Executor: An executor is appointed by the testator, as distinguished from an administrator

who is appointed by the court. Where the Will confers the powers to collect the outstanding,
pay debts and manage the properties, the person can be said to be appointed as an executor by
implication.
Probate: Probate is an evidence of the appointment of the executor and unless revoked, is
conclusive as to the power of the executor. The grant of probate to the executor however does
not confer upon him any title to the property.

Letter of Administration: Letter of Administration is a certificate granted by the competent

court to an administrator where there exists a Will authorizing him to administer the estate of
the deceased in accordance with the Will. If the Will does not name any executor, an
application can be filed in the court for grant of Letter of Administration for the property

Attestation of Will: Attesting means signing a document for the purpose of testifying the
signature of the executants. Therefore an attesting witness signing before the executants has
put his mark on the Will, cannot be said to be a valid attestation. It is necessary that both the
witnesses must sign in the presence of the testator but it is not necessary that the testator have
to sign in their presence. Further it is not necessary that both the witnesses have to sign at the
same time. It is also not necessary that the attesting witnesses should know the contents of the
Will.

Essential Features of a Will

A Will can be made at any time in the life of a person. A Will can be changed a
number of times and there are no legal restrictions as to the number of times it can
be changed. It can be withdrawn at any time during the lifetime of the person
making the Will. A Will has to be attested by two or more witnesses, each of who
should have seen the testator signing the Will. The essential features are:
1. Legal declaration: The documents purporting to be a Will or a testament must be
legal, i.e. in conformity with the law and must be executed by a person legally
competent to make it. Further the declaration of intention must be with respect to
the testator’s property It is a legal document, which has a binding force upon the
family.

2. Disposition of property: In a Will, the testator bequeaths or leaves his property to

the person or people he chooses to leave his assets/belongings. A Hindu person by
way of his Will can bequeath all his property. However, a member of an undivided
family cannot bequeath his coparcenary interest in the family property

3. Takes effect after death: The Will is enforceable only after the death of the
testator
Under section 18 of the Registration Act the registration of a Will is not compulsory.
Also, the SC in Narain Singh v. Kamla Devi has held that mere non-registration of the
Will an inference cannot be drawn against the genuines of the Will. However it is
advisable to register it as it provides strong legal evidence about the validity of the
Will. Once a Will is registered, it is placed in the safe custody of the Registrar and
therefore cannot be tampered with, destroyed, mutilated or stolen. It is to be
released only to the testator himself or, after his death, to an authorized person who
produces the Death Certificate
Since a testamentary disposition always speaks from the grave of the testator, the
required standard of proof is very high. The initial burden of proof is always on the
person who propounds the Will.

Kinds of Wills
1. Conditional Wills: A Will may be made to take effect on happening of a condition. In
Rajeshwar v. Sukhdeo the operation of the Will was postponed till after the death of the
testator’s wife. However if it is ambiguous whether the testator intended to make a Will
conditional, the language of the documents as well as the circumstances are to be taken into
consideration.

2. Joint Wills: Two or more persons can make a joint Will. If the joint Will is joint and is
intended to take effect after the death of both, it will not be admitted to probate during the life
time of either and are revocable at any time by either during the joint lives or after the death
of the survivor.

3. Mutual Wills: Two or more persons may agree to make mutual Wills i.e. to confer on each
other reciprocal benefits. In mutual Wills the testators confer benefit on each other but if the
legatees and testators are distinct, it is not a mutual Will. Mutual Wills are also known as
reciprocal Wills and its revocation is possible during the lifetime of either testator. But if a
testator has obtained benefit then the claim against his property will lie. Where joint Will is a
single document containing the Wills of two persons, mutual Wills are separate Wills of two
persons.

4. Privileged Wills: Privileged Wills are a special category of Wills and other general Wills
are known as unprivileged Wills. S.65 of ISA provides that a Will made by a soldier or a
airman or a mariner, when he is in actual service and is engaged in actual warfare, would be a
privileged Will. S.66 provides for the mode of making and rules for executing privileged
Wills. Ss. 65 and 66 are special provisions applicable to privileged Wills whereas other
sections relating to Wills are general provisions which will be supplementary to Sections 65
and 66 in case of privileged Wills.

Who Can Make A Will

S.59 of Indian Succession Act provides that every person who is of sound mind and is not a
minor can make a Will.

6. Power of Attorney

Power of Attorney is an instrument by which a person is authorized to act as an

agent of the granting it. It is pertinent to mention here a person need not be a
lawyer to hold a Power of Attorney as an agent for someone else. Power of Attorney
is a document whereby the principal appoints an agent to do and execute certain
acts or deeds on his behalf. It is any instrument empowering a person to act for and
in the name of the person executing it and includes an instrument by which a person
a not being a legal practitioner is authorized to appear on behalf of any party in
proceedings before any court tribunal or authority"

Despite there is a specific act pertaining to Power of attorney but it is a very precise
and brief one , the basic principles of these document are governed by the law of
agency as provided for in the Indian Contract Act. A power of attorney may be of two
types-
1) General 2) Specific-
The test to determine under which category a given document falls is as to what is
the subject matter in respect of which power is given and if it is restricted to some
specific matter it is specific else it is general.
Construction of a power of attorney- There are two main rules in construing a power
of attorney
.1) The operative part of the deed is controlled by the recitals wherever there is any
ambiguity
2) Where authority is given to do particular acts followed by general words the
general words are restricted to what is necessary for the performance of the
particular acts

The Power of Attorney can be effective immediately upon signing or only upon
disability.
Somme illustrations of legal aspects containing in the Power of Attorney:

Contracts, Agreements
1. To enter into contacts,
2. Perform any contract, agreement, writing, or thing
3. To make, sign, execute, and deliver, acknowledge any contract, agreement,

The Power Of Attorney In Real Estate Field

1. To sell, exchange, lease, collect rents, grant, bargain, or borrow and mortgage .
2. To execute all deeds, bonds, contracts, mortgages, notes, checks, drafts, money
orders;
3. To manage, compromise, settle, and adjust all matters relating to real estate;

Bank Accounts, Certificates Of Deposit, Money Market Accounts

1. To add to or withdraw any amounts from any of my bank accounts, Certificates of
Deposit, Money Market Accounts, etc.
2. To make, execute, endorse, accept and deliver any and all cheques and drafts
3. Execute or release such deeds of trust or other security agreements as may be
necessary
4. Deposit and withdraw funds Acquire and redeem certificates of deposit, in banks,
savings and loan

Tax Returns, Insurance And Other Documents

1. To file, sign all tax returns, insurance forms and any other documents
2. To represent in all matters concerning the foregoing.

Stocks, Bonds, And Securities

1. To sell any and all shares of stocks, bonds, or other securities
2. To make, execute, and deliver any assignment, or assignments, of any such
shares of stock, bonds, or other securities.

Kinds Of Power Of Attorney

Every act performed by the agent within the authority of the Power of Attorney is
legally binding upon the persons granting it. A power of attorney must be given only
to a trustworthy person, and only when it is absolutely necessary. The person who
empowers is the Principal and the person to whom the power is conferred is the
Agent.

There are two kinds of power of attorney viz., "General Power of Attorney" and
"Special (or limited) Power of Attorney" .
What is a General Power of Attorney ?
1. The principal empowers the agent with the right to carry out all legal acts on his
behalf without restricting it to a particular transaction or act,
2. Gives the agent very broad powers to act on behalf of the Principal
What is a Special Power of Attorney?:
1. The authority is restricted to act only on certain matters or only a particular kind
of transaction or to carry out a specific legal transaction for the Principal.
2. The agent's power of attorney expires on the completion of the transaction

The Basic Principles To Remember:

1. The general rule of power of attorney is that it should be strictly construed.
2. Unless an express power is conferred on an agent to enter into contracts of
guarantees on behalf of his principal or to execute or negotiate , negotiable
instruments for his principal jointly with others
3. An agent cannot by his acts bind the principal to a larger extent than he is
empowered to do under the power of attorney.
4. Fraud by the power agent does not bind the principal. He cannot be sued or
otherwise held responsible for fraud by the agent
5. If the power does not authorize the agent to carry on a business except with
limitations any act done by him in excess of such power will not bind the principal.
6. For example power to dispose of property does not confer a power to mortgage
the property.
7. Power to manage immoveable property cannot permit principal's ornaments which
are a moveable proper .

Important Rules For Construction Of Power Of Attorney

1. The operative part of the deed is controlled by the recitals
2. Where authority is given to do a particular act, followed by general words, the
general words are restricted to do what is necessary for the proper performance of
the particular acts.
3. General words do not confer general powers, but are limited to the purpose for
which the authority is given, and are construed as enlarging the special powers only
when necessary for that purpose
4. The deed must be construed so as to include all powers necessary for its
execution.

Registration Of Power-Of-Attorney
1. Registration of power of attorney is not compulsory. it is optional
2. In India, where the Registration Act, 1908, is in force, the Power of Attorney should
be authenticated by a Sub Registrar only, (Whenever a person signs the document
and his attorney presents/ admits execution).
3. In other areas, attestation should be by a Notary or diplomatic agents
4. In case an attorney under a valid Power of Attorney himself signs a document, he
may, as an executing (signing) party present/admit execution of a document though
it is attested by a Notary, unless the text of the power specifically excludes such
powers
5. Foreign Power of Attorney should be got stamped by the Collector after its receipt
in India within prescribed time of 3 months
6. Registration of power of attorney authenticates the deed of power of attorney
7. Power of Attorney shall be attested by two or more adult independent witnesses
who are of sound mind
8. If a power of attorney is in respect of an immovable property of value more than
Rs100 it must be registered.

Revocation Of Power Of Attorney

Power of Attorney can be revoked in the following cases, in case of :
1. Revoked by the principal himself
2. The principal dies or becomes insane or becomes bankrupt
3. The business for which the agent was appointed is over
4. Mutually agreed upon by the principal and agent
5. The right under the power of attorney is renounced by the agent

Revocation Of General Power Of Attorney

According to the Judicial perception, under the following circumstances, the power of
attorney can be revoked.
If the power given to the attorney is coupled with an interest it is irrevocable.
To decide whether a given power is coupled with interest or not regards are to be
given to the facts of each case and the wordings of the instrument itself.
The right of an agent to remuneration though stipulated in the form of property to
be produced by exercise of power is not an interest in the required sense.
If the power is irrevocable as per the test laid down the parties are nevertheless free
to make it revocable by an express stipulation to the contrary.
If the power is revocable than the parties cannot make it irrevocable merely by
writing that the instrument is irrevocable.
The position in our country is the same as that in England.
A power of attorney is automatically terminated if- One of the parties to the
instrument dies or becomes insane, The principal becomes insolvent or bankrupt,
any specific condition in the instrument is breached, the business comes to an end.
" Courts refer to Indian Contract Act provisions to determine this question.

MOOT COURT

WHAT DO WE UNDERSTAND BY THE TERM “MOOTING”?

Mooting is a form of an Oral proceeding similar to that of a court proceeding practiced
mainly in institutions and universities where law as a subject is taught to see that how
efficient a student is in fighting an argument based on law. In this a proper court scenario is
created where the students act like the Councilors (Advocates) presenting each side (Plaintiff
and Defendant) on the basis of evidences and substantive questions of law argue with each
other to prove their point in front of the judge who in the end will give his judgment in the
same regard and will also declare the winner who has performed the best.
Also, while presenting their arguments the judge can question them on facts or question them
on any of the legal concepts to check the aptitude and in prompt adaptability to the situation
of the student. Mooting was earlier not practiced as a subject by the universities in the law
courses but now due to the scope and requirements of lawyers around the globe mooting in
the form of “Moot Court” as a subject has been added to the curriculum of the students so
that they get prepared and groomed in a proper manner as a lawyer before they complete their
degree.

For a student who is going to become a lawyer in the near future, mooting is very important
as an integral part of his education because it will help him and make his work easy and
present in a real courtroom. It is the closest experience a student can get of a courtroom by
studying in a university or college. Mooting is an exercise which helps a law student
inculcate all the habits and understand all the policies and procedures that are followed in a
court so as to prepare him for his future. For the same purpose, Moot Court Competitions are
organized around the world so that different students from across the globe can come in
contact with other to understand each and every dimension of the concept of mooting.

CONCEPT OF MOOT COURTS

Moot Court basically means a replica of a real court where legal proceedings and trials take
place and thus it is also known as a Mock Court where students who are studying law act as
professional and take up all the responsibilities and duties according to their role to see their
ability to think creatively and answer convincingly when questioned and show their writing
and persuasive skills. Moot Court is a way a student is groomed as a proper lawyer. It is one
of the modern methods of giving practical knowledge to the students by putting them in a
situation similar to that of a real court and then the two teams each on one side argue upon
fictional cases and those questions of law with are debatable in reality and which have not
been bound or are still the lawmakers are silent on some facts. Moot Court, now is one of the
biggest and efficient sources from where people get the education and imbibe all the qualities
and skill that a lawyer requires.

IMPORTANCE OF MOOTING

Mooting helps in the overall development of an individual as a good and proficient lawyer
and participating in Moot Court Competition regularly makes a student familiar with the
proceedings that take place generally in real courtrooms. Thus, the advantages of mooting are
as follows:

A) Networking

One of the important features of mooting is that it helps you to connect and socialize with so
many people across the globe with whom you connect in the process of mooting. As students
from different places and colleges come to represent themselves, it gives an opportunity to
get the exposure to the outside world.

B) Researching and Writing Skills

Participating in the moot court competitions helps you in enhancing your researching skills
because it is your research on the basis of which you will be fighting your case and
representing your side and it also helps you in framing a good moot court memorial on the
basis of which the other team would raise objections and question you. This will also help in
enhancing your skills as to how to adapt to prompt situations and how you tackle situations
where you are at unease.

C) Building Confidence

Mooting helps an individual to build his confidence in communicating and putting his view in
front of the people. It helps a person to build his confidence to such an extent that he does not
fear to question or to speak in front of anybody and can fight cases efficiently.

D) Practical Knowledge

Mooting helps in giving the practical implication and knowledge to the students who are
studying law in such a way which they will never find in the books and would be unaware of,
as practical and theoretical knowledge are like two different sides of the same coin and to
pass the hurdle you need to study both of them although both look same but are totally
opposite in reality.

E) Team Work
Moot court competitions take place in the school or colleges who organizes it and the various
teams from different colleges come and participate in the event. The team comprises of 3
students with one as the researcher and the other two as the speakers presenting their
arguments on either side. This teaches the students to perform well when they are together in
as a team and analyze what are their strengths and weakness, how can they work upon them
to achieve maximum efficiency. It also helps to work with people who are different from you
and it also teaches how to coordinate with each other.

CAN MOOTING HELP YOU IN YOUR CAREER?

Mooting is one of the most important things that help you in your career and your future
growth as well. Mooting is one thing that inculcates a lot of habits and discipline that are
requirements by many of the Law firms Recruiters and when a law student sits in a Job
Interview, if your resume will display that you have done a different kind of moots then it
will be very beneficiary as the employer will know that you have a good amount of
knowledge in this field and you have experience and your chances of being selected will
automatically go up. Mooting in today’s generation is something considered to be one of the
most important factors which everybody looks after because if you are a good mooter, people
will consider you important and knowledgeable. Also the exposure you get in mooting helps
you to easily adjust in your future jobs which is quite important.

TYPES OF MOOT COURT COMPETITIONS:

There are two types of moot court competition known as the National and International Moot
Court competition. National Moot Court refers to a situation where the mooting takes within
the country and students from all across the law schools from the country and participate in
the competition, while on the other hand International Moot Court Competition is one which
is organized where people from outside India are invited to take part in it and it happens on a
large scale. Moot Court Competitions can be based on any law where civil or criminal etc as
per any law that may be in news currently or any other. These types of different moots are
really helpful for students to think deeply about the legal issues and have a proper
understanding of the Law. One of the Competitions that is related to moot court is the Trial
Advocacy Competition which is also held at such high levels. Mooting helps a student to
understand what are his strengths and weakness and what he is required to work more upon
which is helpful for him in the long term.
WHAT IS THE PURPOSE OF MOOTING?

The main purpose of mooting is to establish a good overview by the students of law and
enhancing the legal skills. Mooting is a concept where there is a mooting proposition which is
related to any law related subject which is given to all the teams in advance so that they can
prepare for that in the form of a memorial which tests and helps them in their researching
skills and sticks to the deadlines. It teaches the students how to work under pressure with the
goal to give productive output. Mooting helps in understanding and developing and
inculcating the capacity to argue passively before the judge. Mooting helps in raising your
chances to be get hired for a job as well. As when you sit in a job interview the employer will
look in your resume that if you have done mooting before then, the chances of you being
hired in a company will be more as the employer will be willing to invest in you and train
you as he wants higher productivity from skilled people. The purpose of mooting can also be
defined as follows:-

A) Society Welfare

The society needs efficient lawyers, mainly judges and advocates so that the society can
benefit at large due to the pendency of the cases in India. For the purpose to provide
proficient individuals who are perfect in their field is not an easy task, for the same purpose
mooting is really important to build such lawyers for the benefit the society at large, so that
the problem of pendency of cases can be solved in the near future because if there will be
efficient and good judges, the problem will be solved automatically.

B) Practicing

The main purpose of mooting is that to make you practice before actually becoming a
professional and practicing in courtrooms about everything. If you have years of practice then
it is easier for one to make a lot of clients because of his practice and knowledge one has
gained in the field.

C) Experience

An important part of every individual’s life from which it grows is the experience he gains
from the life that he gets and gaining experience will help in any profession because it is the
experience that matters when the case or proposition is related to very controversial laws and
topics and at that time the experience helps him as how to go ahead in the case. This is done
by participating in different kind of moots by going to different cities meeting new people
from various law schools and interact with them will definitely help you in understanding the
law in a better way.

D) Creative thinking

When one participates in different kinds of moot court competitions in various places and
colleges, there might arise situations that you have to play with words and mould the case in
your favour then there comes the art of creative thinking which you are required to show and
you have to think on your feet as you cannot be prepared for everything, as moot court is a
place where you have to expect the unexpected. Thus, it will also help you to enhance your
thinking in a better way.

E) Motivation

Lastly, students who participate first time in this kind of activities not only get the exposure
but also the motivation to take part in a more comprehensive way and in other competition
and moots as well. These kinds of Mooting competitions boosts up the morale of the students
and helps them to talk passively and hence put forth their ideas in front of anybody if earlier
they were hesitant to do so.

HOW TO BECOME A GOOD MOOTER?

There are certain points that you can look into in becoming a good mooter:

1. You must know your case well and when presenting your case before the judge
you should be very particular about your behavior and must be aware of all the
facts of the case.
2. You should be well versed about the case and not read off your notes instead read
pf the case.
3. Make a Small list of all the points that you want to present in your case so that no
point is left and it is easier than the judge is convinced.
4. One should always try to have fun and a good interactive session with the judge as
it will boost your morale and the judge will also take more interest in listening to
your case.
5. It is important that while presenting your case you should argue upon the facts
rather than the law.
6. Lastly, there are many courses and coaching that teaches how to become a good
mooter such as this mooting course offered which helps students to be perfect in
their field.