DRAFTING OF DEEDSDRAFTING OF DEEDS

Presented ByPresented By Gaurav Rustagi.Gaurav Rustagi.Contact 9313198281Contact 9313198281

Rules of Drafting some do’s:- Avoid unnecessary repetition Write shorter sentences Choose the right words Prefer the active to the passive sentences Express the ideas in fewer words Know exactly the meaning of the word &

sentences you are writing. Put yourself in place of reader, read the documents and

satisfy yourself about the content, interpretation and sense it carries.

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

use “not exceeding”

Components of Deeds1. Deed title2. Place & date of execution3. Description of parties4. Recitals5. Testatum6. Consideration7. Receipt clause8. Operative clause9. Description of property

cntd.

Components of Deeds10. Exceptions & Reservations11. Parcels clause12. Premises & habendum 13. Covenants & undertakings14. Testimonial Clause15. Signature and attestation16. Endorsement & Supplemental deeds.17. Annexure or schedules.

Deed Title :- The deed should contain the correct title such as

“ This Deed of Sale” “ This Deed of Gift” “ This Deed of Conveyance” “ This Deed of Exchange” “ This Deed of Lease”

But the word “This Deed” should written as “THIS DEED”

Date & Place Date in the context of deed is the date on which deed

has been executed.

If a deed is undated, deed is valid subject to burden of proof.

Date should be written in words and in figures.

The place is the territorial and legal jurisdiction.

An illustration of this part follows:-“THIS DEED of Lease made at Gurgaon on the First day of June,two thousand eight(01.06.2008)”.

Description of parties

Parties name should be clearly described. While describing the parties always transferor

should be mentioned first and the transferee comes in the last.

Full description of the parties should be given for identification. Description must be given in following order.Names comes first, then surname and thereafter address followed by other description such as s/o, w/o, d/o etc…

Recitals Recitals contain the short story of the property

up to its vesting into its transferors. Recitals should be short & intelligible.

Recitals generally begins with the words“WHERE AS “ and when there are several recitals instead of repeating the words “WHERE AS” before each and every one of them, it is better to divide the recitals into numbered paragraphs for example, “WHERE AS”1.2.3.

Testatum This is the “witnessing” clause which refers

to the introductory recitals agreement, if any, and also states the consideration.

Witnesses clause usually begins with the words“NOW THIS DEED WITNESSES”if more than one observation then this clause can be written as“NOW THIS DEED WINTNESSES AS FOLLOWS”1.2.

Consideration & Receipt Consideration is very important in a document

and must be expressed. Receipt is the acknowledgement of the

consideration amount by the transferor, who is supposed to acknowledgment the receipt of the amount. Example:-

“Now this deed the witnesses that in pursuance of the aforesaid agreement and in consideration of sum of Rs. 100000(Rupees one lakh only) paid by the first party to the second party before the execution thereof receipt of which the second party does hereby acknowledge)

Description of property Registration laws in india require

full description of property for example

Side east, west, north, south etc.area, location, permitted use, survey no.

Parcels clause This is a technical expression. Usually starts with the words

“All Those…………………………” Unless a different intention is expressed

or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, and in the legal incidents there of.

Exceptions & reservations This clause generally signified by

the use of words “subject to” in deeds,where it is mentioned, it is advisable that both the parties sign, to denote specific understanding and consenting to this aspect.

Premises & Habendum Habendum is a part of deed which

states the interest, the purchaser is to take in the property. This Clause starts with the words

“THE HAVE AND TO HOLD”

Covenants & Undertakings

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

Testimonium clause This clause is the last part of deed. It signifies that the parties to the

document have signed the deed. generally written as“ In witness whereof the parties hereto

have signed this day on the date above written.”

Signature & Attestation Clause

Attestation is necessary in the case of some transfer like mortgage, gift, sale etc.

Signature of all of parties to the deed should be attested and witnessed by two parties.

Endorsement & Supplemental deeds

Endorsements means write of back for eg. Cheque, bill of exchange etc…

Supplementary deed is the one which is entered between two parties on same subject on which there is a prior document exists.

Annexure or Schedules Annexure means like site plan or

map plan showing exact location of property like survey no. , gali no. sector etc .