COMPONENTS OF A DEEDSUBMITTED TO-Ms. Harman Shergill Sullar

SUBMITTED BY- Aditya Dassaur Roll No-206/10

8th Semester Section-A

ACKNOWLEDGMENT

I would like to express my Gratitude to my teacher, Ms. Harman Shergill, who gave me the

golden opportunity to do this wonderful project on the topic ‘Components of a Deed’ which

also helped me in doing a lot of Research and I came to know about so many new things.

Secondly I would also like to thank my parents and friends who helped me a lot in finishing

this project within the limited time.

INTRODUCTION

A deed is any legal instrument in writing which passes, affirms or confirms an interest, right,

or property and that is signed, attested, delivered, and in some jurisdictions sealed. It is

commonly associated with transferring title to property. In the transfer of real estate, a deed

conveys ownership from the old owner (the grantor) to the new owner (the grantee), and can

include various warranties. The precise name and nature of these warranties differ by

jurisdiction. Often, however, the basic difference between them is the degree to which the

grantor warrants the title.

COMPONENTS OF A DEED

(i) Description of Deed (Title):

A deed usually begins with the name of the deed. All deeds should be described by the name

of the transaction which they evidence. It appears necessary, in order to give meaning to the

title, to state after the words This Deed', the nature of the transaction, right or liability,

created, extinguished or declared or recorded by it. For instance, "This Deed of Sale", "This

Deed of Mortgage", "This Deed of Gift", "This Deed of Partition", and so on and this

expression may be written preferably in capital letters. When the deed is of complex nature

and evidences different transactions known by different legal names, it would be best to

describe it as "This deed”.

The title of the deed is not decisive of its nature. The real intention of the parties should be

gathered from the clauses in the deed.

(ii) Date of the Deed:

Though the date is not essential part of the deed, after the description of the deed, the date on

which the deed is executed, is stated thus:

“This Deed of gift made on the third day of May, two thousand and seven (3rd May, 2007).

This date is the date of the execution which is material for the purposes of limitation,

mutation, registration and the passing of title.

Oral evidence will always be admissible to prove the date of execution of the deed. In view of

the extreme importance of the date of execution of a deed, and of the great risk of leaving the

same to be determined by oral evidence, a deed should always be dated and this should be

regarded as an essential requirement.

The date of a deed is the date on which it is signed by the party or parties executing it. Where

a deed is executed by several parties on different dates, the last of such dates is usually

regarded as the true date of the deed.

The date should, in order to avoid mistake and risk of forgery, be written in words and not in

Figures. Figures may be written within parenthesis, if desired.

In every case in which a deed is executed by more than one person, the date on which each

signs the deed must be shown in the deed preferably against his signature, under the deed.

Generally the date follows the title of the instrument or is put in the last formal part i.e..

execution clause, of the instrument. In execution clause it is generally incorporated in the way

or alike: "In witness whereof we the parties hereto have executed this deed of ...... on the date

first hereinbefore mentioned”.

It is also necessary that .each of the party who puts its signature on the instrument must put

the date after it.

(iii) Parties:

The date is followed by a description of the names and description of the parties to the deed.

All persons, whose interest is involved in the transaction evidenced by the instrument must be

shown in it giving their full description. I hey are necessary parlies to the same. Who are the

necessary parties and proper parties to a deed depends upon the circumstances of each case

Every person who conveys any estate or interest, or enters into a covenant or is to hound by

the deed, should be made a party to it.

In India, except in the case of leases which are executed both by the lessor and the lessee, the

transferee is not a necessary party to any deed of transfer. But in all cases where any covenant

has to be made by the transferee also, he becomes a necessary party.

But although a transferee is not a necessary party and a deed will not be invalid or ineffective

if he is not mentioned as such, except in case of lease, he is certainly a proper party. In order

to make the deed clear, it is always better to mention him as a party* though he may not

execute the deed unless it contains covenant by him.

Full description of the parties so as to prevent difficulty of identification should follow the

name. Where a person is known by different names, he may be described by the name of

reputation. In India parentage, caste, religion, occupation and residence are generally

regarded as sufficient to identify a man. But if there is any other description which is

sufficient, the same may be adopted.

A party to a transfer need not be a living individual but may be a company, association or

body of individuals or an idol or a corporation sole, or in fact, any judicial person capable of

holding property and entering into contracts. Although a corporation is described by the name

of its incorporation, any other name which is sufficient to identify it may be used.

In order to avoid the repetition of the full name and description at every place in the deed, the

parties are generally referred to in the body of the deed by some easy and convenient names

which generally have reference to the character in which they join in the deed, for example,

“the vendor", "the purchaser", "the lessor" "the lessee", etc.

The name of the parties should begin with the word "BETWEEN" in capital letters

immediately after the date. The name of the transferor along with his approximate age should

be written first then his or her father's name, full address and then his profession, trade or

business comes. As a general rule, all persons who convey or agree to convey precede the

party to whom the interest is conveyed or agreed to be conveyed. Thus the vendors,

mortgagors, lessors, settlors or grantors rank first in the order of parties. The usual parties to a

deed of a simple agreement arc the owners of the principal estates and the purchasers.

Hence, the form in which the part es will be described in the beginning o f the deed will be as

under:

This Sole Deed is made on the .......day o f ........ two thousand ........

Between A, son of ......... resident of ........ (hereinafter called 'the vendor*) of the one part

AND B, son of ........... resident of ....... (hereinafter called ’’the purchaser" of the other part".

If the transferor alone is made a party, (i.e.. deed poll), this clause will run as below:

"This Sale Deed is made on the .... day of two thousand ....... by A, son o f .....................

resident of .................. (hereinafter called "the vender":

If there are more than two parties, instead of the words "of one part" and "of other part" the

words "of the first part", "of the second part", "of the third part", etc. will be used.

If a property vests in trustees, the transfer should be by the trustees themselves in their own

name, as given below:

"A, ...... age o f ......... son of ................... resident of ; B, age o f ..... son of .........., resident

of ....................... and C. age o f .......... son o f ............................ resident of trustees o f the

estate o f F, age o f ...... son of .................................... resident o f ..............................."

In case o f judicial persons e.g. companies and registered societies after their names, the

clause, "registered under the Companies Act" or "registered under the Societies Registration

Act", or incorporated under some specific statutes with full address of its head office should

be mentioned.

In case of an idol after its name follows "acting through Shri .......................... its shebait,

Mahanti, etc.

In case of legally disabled persons, viz. minor, lunatic etc. after th e n am e o f the m in o r e

tc ., follows "Acting through Shri.................................. guardian appointed by Court".

In the case o f Government, the name o f the person authorised under Article 229(1) of the

Constitution of India should be written but the transfer shall expressly be made on behalf of

and in the name of the president or governor, as the case may be.

(iv) Recitals:

Recitals shall contain a brief history of the property forming the subject-matter of deed up to

its vesting in the transferor, ft should also mention the reason by which the present grantor

has been enabled to make this grant. Recitals are of two kinds:—

(a) Narrative recitals:

The relation to the past history of the property transferred and set out the facts and

instruments necessary to show the title and relation of the parties to the subject-matter of the

deed. They commence, as a general rule, from the time of the creation of the interests and

estates of the parties dealing with the property. For example in the case of a transfer by a

guardian of a minor, the fact of his appointment as such guardian by a deed or order of court

and, in the latter case, the fact of his having obtained the sanction of the court to make the

transfer must be recited. Similarly, in a transfer of leased hold or mortgage rights, the lease or

mortgage under which the transferor holds should be recited.

(b) Introductory recitals:

They explain the motive for the preparation and execution of the deed. They come after the

narrative recitals. The chief introductory recital is of agreement which the deed is intended to

give effect to facts and events contained in such recitals should be mentioned in the sequence

in which they have happened.

Recitals should be inserted with great caution because they may control the operative part of

the deed if the same is ambiguous.

As a general rule recitals should be arranged in a chronological order. For it, simplest

possible order should be selected. A clear link of the facts makes out an easily intelligible

story. Generally the simplest order is to arrange the facts date-wise; i.e. former in time,

former in recital. This order helps in drafting as well and also avoids the introduction of

extraneous matters which may cause confusion.

In simple cases of sale, lease or gift, no recitals are generally needed Recitals are generally

begun with the word ‘whereas’.

(c) Testamum (consideration and receipt)

This is a witnessing clause and forms operative part of the deed It contains:

(i) the consideration and its receipt; when a deed contains more than one testatum, the whole

consideration should generally be stated in the first, unless it can be apportioned amongst the

different testata, as the consideration is necessary for the purpose of stamp duty payable on

the deed.

(ii) the name of the grantor;

(iii) the operative words of transfer; and

(iv) the name of the grantee, with appropriate words of limitation.

Usually testatum begins with "NOW THIS DEED WITNESSES”. These words of testatum

are of no importance as affecting the operation of the deed and their sole use is to direct

attention to the object which the deed is intended to effect.

Acknowledgment of receipt of consideration may be embodied in the deed itself instead of

granting a separate receipt, acknowledgment is usually made within parenthesis after the

receipt of the consideration in the following way:

"NOW THIS DEED WITNESSES that in pursuance of the aforesaidagreement and in

consideration of Rupees ............... (in words andin parenthesis in figures) paid by the

purchaser to the vendor before the execution hereof (the receipt of which the vendor hereby

acknowledges)".

(d) Operative Words:

Operative Words mean the words used for giving legal effect to the transaction incorporated

in the instrument. Immediately after the statement of consideration and its receipt come the

operative words. The various operative words are: assigns; appoints; grants; surrenders;

releases; sells, transfers etc. The real operative words vary according to the nature of the

estate and of the transaction.

(1) ’Assign’ is used in any transfer of property, movable or immovable;

(2) ’Convey' is used to denote a conveyance by sale;

(3) 'Grant' is used in any conveyance of freeholds;

(4) ’Mortgage' is used in effecting a transfer to secure a loan hv the hypothecation if

immovable property

(3) ‘Confirm* is used generally to confirm a conveyance previously made;

(6) 'Surrender' is used to signify a merger in a conveyance for a term, or to donate the

effacement of her life-estate by a Hindu widow.

(e) Parcels:

Parcels is a brief description of the property which is the subject- matter of the deed and if

follows operative words. Care must be taken, on the one hand, to include in the particular

description all the lands, etc., which are intended to pass so that no doubt may arise os to the

extent and operation of the deed, and, on the other hand, not to insert words which will pass

more than what is intended.

If the descripiion is a short one, it may be given in the body of the deed in full. If it is a long

one, if is better to give it in detail in schedule at the foot of the deed, describing it in the body

of the deed as follows:—

"The house known as 'Swama Palace' situated at Srinagar Colony of Hyderabad fully

described in the Schedule hereto".

Sometimes it is necessary to have a map or plan of the property in order to avoid mistakes

about its identity and to indicate the actual property conveyed with more definiteness. In such

cases, such plan or map should be appended to the deed and referred to in parcels, stating

how the property transferred has been shown on it, e.g. by being coloured or by coloured

boundaries or by letters, etc.

Description of the property to be conveyed should be the same, so far as practicable, as in the

former title deeds. If the description is former title deeds is found to be wrong or the

description in former title deeds is found to be wrong or the description given in the former

title deeds has been changed owning to change of circumstance's, correct present description

should be given, and a reference may be made connecting the parcels with the former

description.

(f) Exceptions and Reservations:

An exception means something already existing unless expressly excepted would pass to the

transferee as described in the parcels.

A reservation is something not in existence at the date of the transfer but is newly created by

the grant, as for example, when the vendor reserves a right of way over the property Strictly

speaking, should be executed by the transferee also because a reservation operates as a new

grants by the transferee to the transferor.

All exceptions and most reservations out of the property transferred should follow the

parcels.

(g) Habendum:

Habendum means limiting and defining the interest. fhi3 part of the deed usually begins with

the words "To have and to hold— but the modem practice is to omit the words "to have and"

as useless The purpose of the Habendum is to name again the transferee and to define the

interest. Conveyed to the transferee e.g, whether the transfer is merely a life interest or the

creation of a trust or an out and out (absolute) sale. If the property transferred is encumbered,

this fact has to be specified and, if it is not encumbered, a clear statement to this effect must

go in the Habendum.

The modem practice is to write "To hold" only such as - "To Hold the same upto the Donee

absolutely forever". These words are followed by the enumeration of the different particulars

of the properties conveyed and then usually ends with the words "and all the premises

hereinbefore expressed to be hereby granted or assigned or demised; etc."

(h) Covenants:

A 'Covenant* may be defined as an agreement between two or more persons whereby one of

the persons promises to the other that something is or is not done already, or shall, shall not

be done afterwards. A covenant can be express or implied.

If the parties to a transfer enter into covenants, they should be entered after the Habendum.

Where several covenants follow each other, they be run on as one sentence as follows:

"The vendor hereby covenants with the purchaser as follows:-’

Almost every deed must contain the terms by which parties bind themselves. But, it is not

necessary to mention such covenants as are attached by law to a particular transaction. If any

special terms or agreement are made at variance with the implied covenants* then these must

be clearly stated.

Example:— A lease under the Transfer of property Act implies the right to subject, but the

parties may impose conditions against sub-letting. In such a case, the terms must be clearly

given in the deed.

(v) Testimonium:

The last part of a deed is the testimonium which sets forth the fact of the parties having

signed the deed. This is not an essential part of the deed but as it marks the close of the deed,

there is no harm in continuing the established practice. The usual form of the testimonium is

as follows:

"In witness whereof the parties have hereto set their hands the day and year first above

written".

In the case of Corporation and companies, where the use of seals is called for, the following

or like form, mutcitis mutandis, should be used:

"In witness whereof the parties have hereto set their hands and seals the day and year first

above written."

(a) Execution:

The execution of the instrument means putting of the signature of the executant or the

executants and of the attesting witnesses on the instrument. The executant's signatures may

be placed either on the right hand side or on the left hand side, or they may be placed on both

sides of the sheet, where there arc more executants than one.

A signature is the writing or otherwise affixing a person's name or a mark to represent his

name, by himself or by his authority, with the intention of authenticating a document, as

being that of or as binding on the person whose name or work is so written or affixed.

In the case of the person, whose signatures are required, is an illiterate person his left thumb

impression is obtained if he is a male person but if it is a woman then her right thumb-

impression is taken in place of the signature. If the party to the deed is not competent to

contract, it should be signed by a person competent to contract on his behalf e.g. by a

guardian of a minor.

(b) Attestation:

Section 3 of the Transfer of Property Act states:

"Attested, in relation to an instrument, means, and shall be deemed to have meant, attested by

two or more witnesses, each of whom has-

(l)(a) seen the executant sign or affix his mark to the instrument; or

(b) seen some other person sign the instrument in the presence, arid and by the direction, of

the executant; or

(c) received from the executant a person acknowledgement of his signature or mark, or of the

signature of such other person; and

(2) signed the instrument in the presence of the executant.

But it shall not be necessary that more than one of such witnesses shall have been present at

the same time and no particular form of attestation shall be necessary".

A scribe cannot be an attesting witness, unless he signs the deed as an attesting witness.

(c) Other requirements of a Deed:

(i) Parties to a deed must be competent to contract and they should not be minors or persons

of unsound mind or otherwise disqualified by any other law to which they are subject.

(ii) Stamp duty is required for the instruments of transfer under the provisions of the Indian

Stamp Act.

(iii) A deed if compulsorily registrable must be registered within four months of its execution

under the Registration Act or under any other law in order to make it effective.

A REGULAR BAIL DRAFT

IN THE COURT OF JUDICIAL MAGISTRATE CHANDIGARH

Manu Sharma, S/o Ram Dyal sharma, R/o 115, Sector 55,

Mohali………………………………………………….……APPLICANT/PETITIONER.

VERSUS 

State of Punjab…………………………………………………………….RESPONDENT 

IN THE MATTER OF:-

FIR NO. 55 DATED 04/03/2014 UNDER SECTION 324 IPC, P.S.- Sector 55, Mohali,

S.A.S Nagar, Punjab.

FIRST APPLILCATION FOR REGULAR BAIL 

MOST RESPECTFULLY SHOWETH:-

1- That the petitioner belongs to a respectable family and he has clean antecedents.

2- That the petitioner has been framed up and falsely implicated in the above noted case by

the complainant on extraneous grounds and he is in custody since 04/03/2014.

3- That the police does not require further custody of the petitioner for the purpose of

investigation in the case and the petitioner has therefore been remanded to judicial custody.

4- That the petitioner has been framed up in the case because Shivani, daughter of Sh. Ram

Manohar, complainant was deeply in love with the petitioner and her marriage was

solemnized with Sh. Rohan Jindal son of Sh. Parvesh Jindal, R/o House No. 234, Phase 2,

Mohali against her wishes on 21/08/2013. Even after marriage Shivani wanted the petitioner

to continue friendly relationship with her due to attachment but the petitioner always advised

her that since she has been married to another person, she should try to forget her past

relationship with the petitioner.

5- That the investigation of the case and thereafter the trial shall take a considerable time and

the petitioner shall suffer unbearable hardship of imprisonment if he remains confined to Jail

during this period.

6- That the petitioner is ready and willing to furnish bail bonds to the satisfaction of this

Hon’ble court for his being released on bail.

7- That the witnesses of the prosecution are relatives of the complainant and they can not be

influenced by the petitioner. The petitioner gives an undertaking to the Hon’ble court, that if

he is released on bail, he shall not temper with the evidence or influence the witnesses of the

prosecution and he shall abide by any condition imposed by the Hon’ble court for releasing

him on bail.

It is, therefore, prayed that the petitioner/applicant may kindly be released on bail.

Dated: 07/04/2014

Applicant/petitioner.

Through counsel:

ABCD , Advocates

BIBLIOGRAPHY

STATUTES/RULES

1. The Indian Penal Code

2. Criminal Procedure Code

BOOKS

1. Sahni R.K , Civil Pleadings & Art of Better Drafting - Principles, Procedure & Practice

along with Model Forms of Suits, Application, Written Statements & Replies Under

Civil law

2. Keshav Krishan, Drafting, Pleading Conveyancing and Professional Ethics

3. Dr. S.R.Myneni, Foreword by Dr. Y.F.Jaya Kumar, Drafting, Pleadings and

Conveyancing

4. R.K.Majumdar & R.P.Kataria, Guide to Civil Drafting with Model Forms

***************************************************************************