DRAFTING, PLEADING AND

CONVEYANCING
• Text Book
R.N. Chaturvedi, Conveyancing, Eastern Book
Company
• Reference Books
G.C. Mogha & S. N. Dhingra, Mogha’s Law of
Pleading in India with Prece
dents, Eastern Law House
N.S. Bindra, Conveyancing, Draftsman and
Interpretation of Dates, Eastern Book
Company
CONVEYANCING

Unit IV
 Meaning of Conveyancing

• To transfer, to make over

• Instrument or deed through which one or more living
persons transfer his or their interest in present or in
future in or upon an immovable property to one or
more living persons.
 Deed

• Document or instrument written on parchment or on a

paper executed, signed, sealed and delivered by the
executant
• Instrument through which presnt or future interest in
immovable property is transferred by one or more
living person to another living person.
• Deed Poll: Executed by one person
• Indenture Deed: Executed by two or more persons.
 Components of Deed

1. Description of Deed : This DEED of Sale…

2. Date of Deed: made on this 20th day of October
3. Parties to Deed: BETWEEN A…. AND B….
4. Recitals : Brief description of Property
5. Testatum: Witnessing Clause… NOW THIS DEED
WITNESSES
6. Consideration
7. Receipt: Acknowledgment of receipt of
consideration
8. Operative Words: Grants, Conveys, Sells
9. Parcels: Description of Property
10. Habendum: TO HAVE AND TO HOLD
11. Exception and Reservation
12. Covenants: Terms and Conditions
13. Testimonium : IN WITNESS WHEREOF
14. Signatures and Attestation
DRAFTING, PLEADING AND
CONVEYANCING
• Text Book
R.N. Chaturvedi, Conveyancing, Eastern Book
Company
• Reference Books
G.C. Mogha & S. N. Dhingra, Mogha’s Law of
Pleading in India with Precedents, Eastern
Law House
N.S. Bindra, Conveyancing, Draftsman and
Interpretation of Dates, Eastern Book
Company
NOTICE UNDER SECTION 106
TRANSFER OF PROPERTY ACT
UNIT IV: Topic 4.1
 Section 106: Notice of Ejectment
Duration of certain leases in absence of written contract
or local usage.—
(1) In the absence of a contract or local law or usage to
the contrary, a lease of immovable property for
agricultural or manufacturing purposes shall be deemed
to be a lease from year to year, terminable, on the part
of either lessor or lessee, by six months' notice; and a
lease of immovable property for any other purpose shall
be deemed to be a lease from month to month,
terminable, on the part of either lessor or lessee, by
fifteen days' notice.
(2) Notwithstanding anything contained in any other
law for the time being in force, the period mentioned in
sub-section (1) shall commence from the date of receipt
of notice.
(3) A notice under sub-section (1) shall not be deemed
to be invalid merely because the period mentioned
therein falls short of the period specified under that sub-
section, where a suit or proceeding is filed after the
expiry of the period mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in
writing, signed by or on behalf of the person giving it,
and either be sent by post to the party who is intended to
be bound by it or be tendered or delivered personally to
such party, or to one of his family or servants at his
residence, or (if such tender or delivery is not
practicable) affixed to a conspicuous part of the
property.
 DRAFT OF NOTICE

Name of the Advocate Address of Advocate

Date
To
Sh……
Dear Sir,
Under the instructions of my client Sh…., I have to
address you as under that:
TERMS
Yours Faithfully
Sd/Advocate
DRAFTING, PLEADING AND
CONVEYANCING
• Text Book
R.N. Chaturvedi, Conveyancing, Eastern Book
Company
• Reference Books
G.C. Mogha & S. N. Dhingra, Mogha’s Law of
Pleading in India with Precedents, Eastern
Law House
N.S. Bindra, Conveyancing, Draftsman and
Interpretation of Dates, Eastern Book
Company
NOTICE UNDER SECTION 80
CIVIL PROCEDURE CODE
UNIT IV: Topic 4.2
Suits between individuals require no notice to be given
to the defendant by the plaintiff before filing of a suit.
However, as per Section 80 of the Code of Civil
Procedure, 1908, no suit will be instituted against the
Government or against a public officer with regards to
any act done by such an officer in his official capacity,
until the expiration of two months after the notice in
writing has been delivered to, or left at the office of:
(a) in the case of a suit against the Central Government,
except where it relates to a railway, a Secretary to that
Government;
b) in the case of a suit against the Central Government
where it relates to a railway, the General Manager of
that railway;
(c) in the case of a suit against the Government of the
State of Jammu and Kashmir, the Chief Secretary to that
Government or any other officer authorised by that
Government in this behalf;
(d) in the case of a suit against any other State
Government, a Secretary to that Government or the
Collector of the district;
(e) in the case of a public officer, delivered to him or
left at his office, stating the cause of action, the name,
description and place of residence of the plaintiff and
the relief which he claims.
 DRAFT OF NOTICE
Name of the Advocate Address of Advocate
Date
To
General Manager
…………….
Dear Sir,
Under the instructions of my client Sh…., I have to
address you as under that:
TERMS
Yours Faithfully
Sd/Advocate
DRAFTING, PLEADING,
CONVEYANCING
• Text Book
R.N. Chaturvedi, Conveyancing, Eastern Book
Company
• Reference Books
G.C. Mogha & S. N. Dhingra, Mogha’s Law of
Pleading in India with Precedents, Eastern
Law House
N.S. Bindra, Conveyancing, Draftsman and
Interpretation of Dates, Eastern Book
Company
NOTICE UNDER SECTION 434
COMPANIES ACT

UNIT IV: Topic 4.3

 SECTION 434 OF COMPANIES ACT
Company when deemed unable to pay its debts.
(1) A company shall be deemed to be unable to pay its
debts-
(a) if a creditor, by assignment or otherwise, to whom
the company is indebted in a sum exceeding five
hundred rupees then due, has served on the company, by
causing it to be delivered at its registered office, by
registered post or otherwise, a demand under his hand
requiring the company to pay the sum so due and the
company has for three weeks thereafter neglected to pay
the sum, or to secure or compound for it to the
reasonable satisfaction of the creditor;
(b) if execution or other process issued on a decree or
order of any Court in favour of a creditor of the
company is returned unsatisfied in whole or in part; or
(c) if it is proved to the satisfaction of the Court that the
company is unable to pay its debts, and, in determining
whether a company is unable to pay its debts, the Court
shall take into account the contingent and prospective
liabilities of the company.
(2) The demand referred to in clause (a) of sub- section
(1) shall be deemed to have been duly given under the
hand of the creditor if it is signed by any agent or legal
adviser
duly authorised on his behalf, or in the case of a firm, if
it is signed by any such agent or legal adviser or by any
member of the firm.
 DRAFT OF NOTICE
Name of the Advocate Address of Advocate
Date
To
ABC Pvt. Ltd.
…………….
Dear Sir,
TERMS

Yours Faithfully
Sd/Advocate
DRAFTING, PLEADING AND
CONVEYANCING
• Text Book
R.N. Chaturvedi, Conveyancing, Eastern Book
Company
• Reference Books
G.C. Mogha & S. N. Dhingra, Mogha’s Law of
Pleading in India with Precedents, Eastern
Law House
N.S. Bindra, Conveyancing, Draftsman and
Interpretation of Dates, Eastern Book
Company
REPLY TO LEGAL NOTICE

UNIT IV: Topic 4.4

Name of the Advocate Address of the
Advocate
Date:
To
Sh….
Advocate for Sh. B
Dear Sir,
My client Sh. Ahas placed in my hands your letter to
him dated …., received by him on……….. With
instructions to state in reply as under:
My client is very much surprised to receive your
letter…..My client was attending construction…..
My client employed your client’s brother Sh. C as
watchman on salary…At time when your client’s
brother used to go to supply milk he used to put your
client in his place
My clients denies that your client worked as
watchman……There is no question of any amount
due…
Your client was never in employment of my client…..
There was no question of any payment…..
Nothing is due and payable to your client……
In spite of this if your client rushes to Court of law, he
will do so at his risk as to the costs and consequences
thereof, which please let him note.
Yours truly
Sd-/
Advocate for Mr. A
DRAFTING, PLEADING AND
CONVEYANCING
• Text Book
R.N. Chaturvedi, Conveyancing, Eastern Book
Company
• Reference Books
G.C. Mogha & S. N. Dhingra, Mogha’s Law of
Pleading in India with Precedents, Eastern
Law House
N.S. Bindra, Conveyancing, Draftsman and
Interpretation of Dates, Eastern Book
Company
GENERAL POWER OF
ATTORNEY
UNIT IV: Topic 4.5
 POWER OF ATTORNEY ACT 1882
• Power of Attorney is a document whereby one or
more persons authorize, empower and constitute
another person to act, do and perform any act or acts
generally in his or their place.
• Person who gives authority is called Principal and to
whom authority is given is called Attorney.
• Authority to exercised should be specifically and
expressly stated
• Should be executed before and authenticated by a
Judge, Magistrate or Notary Public
• May be registered.
• Can be revoked by notice in writing
• Power of Attorney can be divided into:
 General: for some and many acts and things
 Special : for some specific act
 DRAFT OF GENERAL POWER OF
ATTORNEY
KNOW ALL MEN by these presents I…….. State that I
intend to go abroad and stay for long time and so it is
expedient for me to appoint an attorney….. BY THESE
PRESENTS, I, the said….., do hereby nominate
Sh……, as my true and lawful attorney…..
1.To demand, sue for payment….
2. To commence legal actions…..
3. To compound…..
4.To execute all agreements
5. To draw cheque…
6. To enter into agreement
7. Generally to do any act necessary……
I, hereby agree to ratify and confirm…..
Sd-/
Principal
DRAFTING, PLEADING AND
CONVEYANCING
• Text Book
R.N. Chaturvedi, Conveyancing, Eastern Book
Company
• Reference Books
G.C. Mogha & S. N. Dhingra, Mogha’s Law of
Pleading in India with Precedents, Eastern
Law House
N.S. Bindra, Conveyancing, Draftsman and
Interpretation of Dates, Eastern Book
Company
 WILL

UNIT IV: Topic 4.6

 INDIAN SUCCESSION ACT, 1925
• Section 2(h) of the Act defines will as a legal
declaration of the intention of a testator with respect
to his property which he desires to be carried into
effect after his death.
• Person making the will is called testator and person to
whom execution is confided is called executor.
• Section 2(b) of the Act defines Codicil as instrument
made in relation to a will and explaining, altering or
adding to its disposition and shall be deemed to be a
part of will.
• Section 2(f) of the Act explains Probate as copy of
will certified under the seal of court of competent
jurisdiction with a grant of administration to estate of
the testator.
• Will can be classified in
 Privileged Will: by any soldier engaged in actual
warfare..
 Unprivileged Will: by all other persons
• Person of sound mind not being a minor can make
will
• Executed by testator in presence of two witnesses
• Registration not compulsory
 DRAFT OF WILL
I, Sh……, do hereby make this my will, this… day of
…. Of 20.., and I hereby revoke all wills and
codicils….. And declare this as my last will. It is my
wish and desire that after my death my daughter….
Shall be entitled to all my estate.
I, hereby, leave give and bequeath……
IN WITNESS WHEREOF…… I have hereby….
Witnesses sd-/
1. testator
2.
DRAFTING, PLEADING AND
CONVEYANCING
• Text Book
R.N. Chaturvedi, Conveyancing, Eastern Book
Company
• Reference Books
G.C. Mogha & S. N. Dhingra, Mogha’s Law of
Pleading in India with Precedents, Eastern
Law House
N.S. Bindra, Conveyancing, Draftsman and
Interpretation of Dates, Eastern Book
Company
AGREEMENT TO SELL

UNIT IV: Topic 4.7

 INDIAN CONTRACT ACT
• Section 2(e) – Every promise and every set of
promises forming the consideration for each other is
an agreement.
• Section 2(h) – An Agreement enforceable by Law is a
Contract.
• Section 10 – All agreements are contracts I made by
the free consent of the parties competent to contract
for a lawful consideration and with a lawful object
and are not hereby expressly declared to be void.
• Section 11 and 12 – Every person is competent to
contract who is of age o majority according to the law
to which he is subject and is of sound mind and is not
disqualified from contracting by any law to which he
is subject.
• Should be Executed on stamp paper.
• Registration not compulsory if creates interest in
immovable property of the value of one hundred
rupees or upwards.
• Must be attested by two witnesses.
 DRAFT OF AGREEMENT TO SELL
THIS AGREEMENT TO SELL is made this… day of
May…. 2018 BETWEEN Sh. A , aged about, s/o,
resident of…, hereinafter called VENDOR of one part
AND Sh. B, aged about, s/o, resident of.., hereinafter
called VENDEE of other part. The expressions Vendor
and Vendee shall mean and include their, assigns and
legal representatives unless repugnant to the context
hereof.
WHEREAS , the Vendor’s house situated at……..
NOW THIS DEED WITNESSETH that
1. The vendor shall sell……
2. The Vendee has paid to Vendor rupees….. As earnest
money
3. The balance amount of rupees….shall be paid….
4. The Vendee shall pay and bear all costs…
5. The sale shall be completed within….
6. If Vendor makes default…..
7. If Vendee makes default
IN WITNESS WHEREOF the said Vendor and Vendee have
appended their respective signatures the day and year first
hereinbefore mentioned.
Signed….
DRAFTING, PLEADING AND
CONVEYANCING
• Text Book
R.N. Chaturvedi, Conveyancing, Eastern Book
Company
• Reference Books
G.C. Mogha & S. N. Dhingra, Mogha’s Law of
Pleading in India with Precedents, Eastern Law
House
N.S. Bindra, Conveyancing, Draftsman and
Interpretation of Dates, Eastern Book
Company
 SALE DEED

UNIT IV: Topic 4.8

 TRANSFER OF PROPERTY ACT
Section 54 of Act defines sale as a transfer of ownership in exchange for a
price paid or promised or part-paid and part-promised.
• Sale how made.—Such transfer, in the case of tangible immoveable
property of the value of one hundred rupees and upwards, can be made
only by a registered instrument. In the case of tangible immoveable
property of a value less than one hundred rupees, such transfer may be
made either by a registered instrument or by delivery of the property.
Delivery of tangible immoveable 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 the sale of immoveable 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.
 DRAFT OF SALE DEED
THIS DEED OF SALE is made this… day of May…. 2018
BETWEEN Sh. A , aged about, s/o, resident of…, hereinafter
called Seller of one part AND Sh. B, aged about, s/o, resident of..,
hereinafter called the Purchaser of other part. The expressions
seller and purchaser shall mean and include their, assigns and
legal representatives unless repugnant to the context hereof.
WHEREAS , the seller by an agreement dated…… agreed to sell
his house situated at….to the purchaser at a price of Rs….
NOW THIS DEED WITNESSES in pursuance of the said
agreement and in consideration of the sum of Rupees…..paid by
the purchaser…….the seller hereby grant, convey and sell……
AND all that right, title and interest….. TO HAVE AND TO HOLD
the same…..
AND the seller does hereby covenant with purchaser
IN WITNESS WHEREOF the said Vendor and Vendee have
appended their respective signatures the day and year first
hereinbefore mentioned.
Signed….
DRAFTING, PLEADING AND
CONVEYANCING
• Text Book
R.N. Chaturvedi, Conveyancing, Eastern Book
Company
• Reference Books
G.C. Mogha & S. N. Dhingra, Mogha’s Law of
Pleading in India with Precedents, Eastern
Law House
N.S. Bindra, Conveyancing, Draftsman and
Interpretation of Dates, Eastern Book
Company
LEASE DEED

UNIT IV: Topic 4.9

 TRANSFER OF PROPERTY ACT
• Section 105 of the Act defines Lease of immoveable
property as a transfer of a right to enjoy such
property, made for a certain time, express or implied,
or in perpetuity, in consideration of a price paid or
promised, or of money, a share of crops, service or
any other thing of value, to be rendered periodically
or on specified occasions to the transferor by the
transferee, who accepts the transfer on such terms.
The transferor is called the lessor, the transferee is
called the lessee, the price is called the premium, and
the money, share, service or other thing to be so
rendered is called the rent.
• Persons shall be competent to contract.
• Subject matter of lease should be immovable property
• The Lessor should have a transferable right.
• Terms and Conditions shall be specifically mentioned
in deed.
• Should be executed by both the lessor and the lessee
and be attested like bonds.
• Should be on requisite stamp paper.
• Lease of immovable property from year to year, or
for a term exceeding one year or reserving a yearly
rent are compulsorily registrable.
• Leases made by Government and agricultural leases
do not fall under TPA and the registration is optional.
 DRAFT OF LEASE DEED
THIS DEED OF LEASE is made this… day of May….
2018 BETWEEN Sh. A , aged about, s/o, resident of…,
hereinafter called the lessor of one part AND Sh. B,
aged about, s/o, resident of.., hereinafter called the
lessee of other part. The expressions lessor and lessee
shall mean and include their, assigns and legal
representatives unless repugnant to the context hereof.
NOW THIS DEED WITNESSES that in consideration
of the rent reserved and of the lessee’s covenants and
conditions to be observed and performed by him, the
lessor grant…….the premises situated at…..
TO HAVE AND TO HOLD the same for….subject to
these conditions:
1. That the lessee shall pay the said rent…..
2. That the lessee shall pay all taxes……
3. The lessee shall replace….
4. The lessee shall permit to enter..
5. The lessee shall use and occupy premises as private
dwelling house…
6. The lessee shall not assign….
7. On the expiry of earlier determination….
8.The lessor shall pay house tax
9.In case of breach of terms…
IN WITNESS WHEREOF the said Lessor and Lessee
have appended their respective signatures the day and
year first hereinbefore mentioned.
Signed….
DRAFTING, PLEADING AND
CONVEYANCING
• Text Book
R.N. Chaturvedi, Conveyancing, Eastern Book
Company
• Reference Books
G.C. Mogha & S. N. Dhingra, Mogha’s Law of
Pleading in India with Precedents, Eastern
Law House
N.S. Bindra, Conveyancing, Draftsman and
Interpretation of Dates, Eastern Book
Company
PARTNERSHIP DEED

UNIT IV: Topic 4.10

 PARTNERSHIP ACT
• Section 4 of Partnership Act defines Partnership as
the relation between persons who have agreed to
share the profits of a business carried on by all or any
of them acting for all. Persons who have entered into
partnership with one another are called individually
“partners” and collectively a “firm”, and the name
under which their business is carried on is called the
“firm name”.
• Every person competent to contract can be a partner.
Minor can not be a partner but can be admitted to
benefits of partnership.
• Registration of partnership is not compulsory.
• Stamp duty is charged on partnership deed.
 DRAFT OF PARTNERSHIP DEED
THIS DEED OF PARTNERSHIP is made this… day of
May…. 2018 BETWEEN Sh. A , aged about, s/o,
resident of…, AND Sh. B, aged about, s/o, resident of..,
both of them shall hereinafter called The Partner AND
WHEREAS the parties hereto have mutually agreed to
constitute and become partners of the firm subject to the
terms and conditions hereinunder contained.
NOW THIS DEED WITNESSES that
1. The business of partnership shall be carried in name
of….
2. The partners and their survivors to remain partners…
from date…… for term of……
4. The retirement, death or insolvency of any partner…..
5. Every partner shall have right t…..
6. Every partner shall attend…..
7. Any partner can be expelled…..
8. The capital of partnership…..
9. Each partner shall be entitled to receive interest…
10. All losses…..
11. The partners shall keep proper books…
12. On determination of partnership…
IN WITNESS WHEREOF the partners have appended
their respective signatures the day and year first
hereinbefore mentioned.
Signed….
DRAFTING, PLEADING AND
CONVEYANCING
• Text Book
R.N. Chaturvedi, Conveyancing, Eastern Book
Company
• Reference Books
G.C. Mogha & S. N. Dhingra, Mogha’s Law of
Pleading in India with Precedents, Eastern
Law House
N.S. Bindra, Conveyancing, Draftsman and
Interpretation of Dates, Eastern Book
Company
MORTGAGE DEED

UNIT IV: Topic 4.11

 TRANSFER OF PROPERTY ACT
• Section 58 of the Act defines mortgage as the transfer
of an interest in specific immoveable property for the
purpose of securing the payment of money advanced
or to be advanced by way of loan, an existing or
future debt, or the performance of an engagement
which may give rise to a pecuniary liability. The
transferor is called a mortgagor, the transferee a
mortgagee; the principal money and interest of which
payment is secured for the time being are called the
mortgage-money, and the instrument (if any) by
which the transfer is effected is called a mortgage-
deed.
• There are six kinds of Mortgage
1. Simple Mortgage
2. Mortgage by Conditional Sale
3. Usufructuary Mortgage
4. English Mortgage
5. Anomalous Mortgage
6. Equitable Mortgage
• Should be executed by the parties.
• Attested by at least two witnesses.
• Must be registered.
 DRAFT OF LEASE DEED
THIS MORTGAGE DEED is made this… day of
May…. 2018 BETWEEN Sh. A , aged about, s/o,
resident of…, hereinafter called the Mortgagor of one
part AND Sh. B, aged about, s/o, resident of..,
hereinafter called the Mortgagee of other part. The
expressions mortgagor and mortgagee shall mean and
include their, assigns and legal representatives unless
repugnant to the context hereof.
WHEREAS the Mortgagor is absolute owner of…….
AND WHEREAS the Mortgagor being in urgent need
of money….
AND WHEREAS the Mortgagee agreed to lend and
advance the said sum
NOW THIS DEED WITNESSES that in pursuance of
the said agreement and in consideration of the sum…. ,
the mortgagor agree with the mortgagee that the
Mortgagor will repay the said loan as follows:
1. The mortgagor will repay on 10th of every month….
2. On failure to repay….
3. Property ca be sold…
4. Breach of any term or condition…..
5. The said Mortgagor does hereby Mortgage by way of
Simple Mortgage to said mortgagee all……
IN WITNESS WHEREOF the said Mortgagor and
Mortgagee have appended their respective signatures
the day and year first hereinbefore mentioned.
Signed….
DRAFTING, PLEADING AND
CONVEYANCING
• Text Book
• R.N. Chaturvedi, Conveyancing, Eastern Book
Company
• Reference Books
• G.C. Mogha & S. N. Dhingra, Mogha’s Law of
Pleading in India with Precedents, Eastern
Law House
• N.S. Bindra, Conveyancing, Draftsman and
Interpretation of Dates, Eastern Book
Company
RELINQUISHMENT DEED

UNIT IV: Topic 4.12

Relinquishment deed is a legal document/instrument
where a person legally or formally gives up or releases
his legal rights of the said property being relinquished in
the name of some other person.
As a relinquishment deed is a legal document by which
a person formally gives up his claim to another person,
the said deed must be systematically executed and
registered as per law depending upon the needed
compliances as per the statutory governance.
 DRAFT OF RELINQUISHMENT DEED
THIS DEED OF RELINQUISHMENT is made this…
day of May…. 2018 BETWEEN Sh. A , aged about, s/o,
resident of…, hereinafter called the First party of one
part which expression shall mean and include their
heirs, successors, assigns and legal representatives
unless repugnant to the context hereof AND Sh. B, aged
about, s/o, resident of.., hereinafter called the Second
Party of other part which expression shall mean and
include their heirs, successors, assigns and legal
representatives unless repugnant to the context hereof.
WHEREAS the first party.. Is legal heir of Late Sh. C
who died intestate.
AND WHEREAS said Sh. C has left behind him a
flat…..
AND WHEREAS the second party was residing in the
flat….
AND WHEREAS during lifetime of Sh. C he had
expressed his desire to bequeath the said flat to second
party.
AND WHEREAS the first party was also aware of the
same…..
The first party has shown readiness and willingness
to execute necessary documents by relinquishing his
share….
AND WHEREAS mutually it has been agreed that
for the said share …….consideration of Rs…..to
which second party has agreed to give…..
AND WHEREAS the first party relinquishes and
ceases to have any right…..
AND WHEREAS it is necessary to bring this fact
on record
NOW THIS DEED WITHNESSES
1. The first party has released and relinquished in favor
of second party all their rights, titles and interest in
said flat……
2. That the first party does hereby declare that the
second party is entitled to have his name
incorporated as the owner…..
IN WITNESS WHEREOF the said parties have
appended their respective signatures the day and year
first hereinbefore mentioned.
Signed….