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    A Simple Guide for Drafting of Conveyances in India : Forms of Conveyances and Instruments executed in the Indian sub-continent along with Notes and Tips
    A Simple Guide for Drafting of Conveyances in India : Forms of Conveyances and Instruments executed in the Indian sub-continent along with Notes and Tips
    A Simple Guide for Drafting of Conveyances in India : Forms of Conveyances and Instruments executed in the Indian sub-continent along with Notes and Tips
    Ebook72 pages50 minutes

    A Simple Guide for Drafting of Conveyances in India : Forms of Conveyances and Instruments executed in the Indian sub-continent along with Notes and Tips

    By Swetang Rataboli

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    About this ebook

    A Guide that contains simple and easy tips to learn drafting of Conveyances, Complete with Comprehensive Forms/Drafts of widely used instruments such as Deed of Sale, Agreement for Leave and Licenses etc. A useful reference for Law Students, budding Advocates and Legal Professionals in various fields.

    LanguageEnglish
    PublisherHouse of Law Publications
    Release dateJun 26, 2019
    ISBN9781393231547
    A Simple Guide for Drafting of Conveyances in India : Forms of Conveyances and Instruments executed in the Indian sub-continent along with Notes and Tips

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      Book preview

      A Simple Guide for Drafting of Conveyances in India - Swetang Rataboli

      PREFACE

      While being a student of Law and subsequently practicing law, I showed keen interest in referencing and studying many of the conveyance documents executed in India. Conveyancing is a technical subject, almost an art which requires impeccable command over legal jargon and a fine dexterity of expression. None can claim to be the master of this art. One is required to extensively study the law of the land and gain proficiency in it, before drafting conveyances. Conveyances are not about following settled paradigms but require bespoke changes being integrated into the conventional drafts in order to accommodate the largely varying needs. I believe conveyancing to be most important aspect of the Legal Profession. More often than not, it is the instrument relied upon, that decides the fate of ones’ case. Ergo, due caution is to be exercised in drafting an instrument of conveyance, as a well drafted instrument will do half the job of inviting a positive result in a suit.   

      The purpose of this book is to serve as a useful guide to the students of Law studying in various universities, to budding lawyers and legal professionals. This book is however not meant to be a comprehensive guide, containing exhaustive notes on this subject, for conveyancing is vast ocean of knowledge. Unlike England, there are no statuary provisions laying down the rules for conveyancing in India. The style of drafting conveyances is generally inherited from the British Law.

      This book contains notes and drafts that I have referenced and studied over the years and are true and correct to the best of my knowledge. The drafts in this book may be used with bespoke changes as may be required.  

      INTRODUCTION

      Common terminologies and their meanings

      Execution: - It means signing by the parties to the instrument. The law requires every instrument to be signed by all the requisite parties to the respective instrument. It is a safer practice to get the parties to sign all the pages of the instrument so as to avoid the instrument being doctored. It is always to be made sure that the parties to the instrument are read over and explained the contents of the instrument. Every appendage including a schedule and an appendix to the instrument should be signed by the parties to the instrument.

      Attestation: - The law requires an instrument of conveyance to be attested by two competent witnesses. Attestation is also referenced to an execution of a document being noted by a Notary. Certain documents like Affidavits, Power of Attorney require an attestation by a Notary Public, by placing their noting on the document signifying that the document is executed in their presence.

      Registration of Instruments: - Every instrument which purports to create, declare, assign, limit or extinguish, whether in present or in future any right, title or interest, whether vested or contingent, upwards of a hundred rupees, in an immovable property, requires registration under the Indian Registration Act 1908. A Gift Deed and a Lease Deed are also required to be registered under the said act. Registration of a document before the authorities specified therein will require the payment of Stamp Duty and Registration as per the valuation of the subject property, which shall be paid by the purchaser. The original title deed is to always remain with the purchaser.  The purpose behind registration of a document is to keep a record of the instruments of conveyance so executed and to preserve the record of their execution in perpetuity.    

      BASIC REQUIREMENT OF A DEED OF TRANSFER

      There are some basic requirements of an Instrument of transfer. These requirements are generally to be incorporated in major deeds such as sale mortgage, lease, exchange, gift etc.

      Nomenclature of the Deed: - ‘Deed of Sale’, ‘Deed of Gift’ or ‘Agreement for Sale’ is generally the title used to describe the Deed. If the instrument is a Deed, the Nomenclature should commence with the word ‘Deed’. As in the case of an Agreement, the word ‘Agreement’ should be used. Confusing names such

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