DRAFTING OF DEEDS

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Rules of Drafting
some dos :-
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 a"out the content! interpretation and sense it carries
Rules of Drafting
Some dont:-
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 Deeds
. 'eed title
Place & date of execution
'escription of parties
(ecitals
)estatum
Consideration
(eceipt clause
*perative clause
'escription of property
Exceptions & (eservations
Parcels clause
Premises & ha"endum
Covenants & underta+ings
)estimonial Clause
,ignature and attestation
Endorsement & ,upplemental deeds
Annexure or schedules
Presented By
Ramya P
Company secretary
Contact 9944069!!
csramya"ma#$%com
Rules of Drafting
DEED TTLE
This Deed of Sale!
This Deed of "ift!
This Deed of Con#e$ance!
This Deed of Exchange!
This Deed of Lease!
-ut the word This Deed% should written as &T%S DEED%
Date & 'lace
'ate in the context of deed is the date on which deed has "een
executed
.f a deed is undated! deed is valid su"/ect to "urden of proof
'ate should "e written in words and in figures
)he place is the territorial and legal /urisdiction
An illustration of this part follows:-
&T%S DEED of Lease made at "urgaon on the (irst da$ of )une*t+o
thousand eight,-..-/.0--12!.
Description of parties
Parties name should "e clearly descri"ed
While descri"ing the parties always transferor should "e mentioned
first and the transferee comes in the last
0ull description of the parties should "e given for identification
'escription must "e given in following order
3ames comes first* then surname and thereafter address follo+ed
4$ other description such as s5o* +5o* d5o etc6
Presented By
Ramya P
Company secretary
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Recitals
(ecitals contain the short story of the property up to its vesting into its
transferors (ecitals should "e short & intelligi"le
(ecitals generally "egins with the words
&7%ERE 8S & and when there are several recitals instead of repeating
the words &7%ERE 8S% "efore each and every one of them! it is "etter
to divide the recitals into num"ered paragraphs for example!
7%ERE 8S!
..
0.
9.
Testatum
)his is the +itnessing! clause which refers to the introductory
recitals agreement! if any! and also states the consideration
Witnesses clause usually "egins with the words
3:7 T%S DEED 7T3ESSES!
if more than one o"servation then this clause can "e written as
3:7 T%S DEED 73T3ESSES 8S (:LL:7S!
..
0.
Consideration & Receipt
Consideration is very important in a document and must "e expressed
(eceipt is the ac+nowledgement of the consideration amount "y the
transferor! who is supposed to ac+nowledgment the receipt of the amount
Example:-
3o+ this deed the +itnesses that in pursuance of the
aforesaid agreement and in consideration of sum of Rs.
.-----,Rupees one la;h onl$2 paid 4$ the first part$ to the second
part$ 4efore the execution thereof receipt of +hich the second part$
does here4$ ac;no+ledge2


Ramya P
Company secretary
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Description of propert$
(egistration laws in india re1uire full description of property for
example
Side east* +est* north* south etc.
area* location* permitted use* sur#e$ no.
'arcels clause
)his is a technical expression
2sually starts with the words 8ll Those6666666666!
2nless 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 capa"le of passing in the property! and in the legal
incidents there of
Exceptions & reser#ations
)his clause generally signified "y the use of words su4<ect to% in
deeds!where it is mentioned! it is advisa"le that "oth the parties sign! to
denote specific understanding and consenting to this aspect
'remises & %a4endum
3a"endum is a part of deed which states the interest! the purchaser is
to ta+e in the property )his Clause starts with the words
T%E %8=E 83D T: %:LD!
Co#enants & >nderta;ings
4eans agreement or consideration or promise "y the parties generally
starts with
The parties aforesaid hereto here4$ mutuall$ agree +ith each
other as follo+s!
Ramya P
Company secretary
Contact 9944069!!
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Testimonium clause
)his clause is the last part of deed
.t signifies that the parties to the document have signed the deed
generally written as
n +itness +hereof the parties hereto
ha#e signed this da$ on the date
a4o#e +ritten.!
Signature & 8ttestation Clause
Attestation is necessary in the case of some transfer li+e mortgage!
gift! sale etc
,ignature of all of parties to the deed should "e attested and
witnessed "y two parties
Endorsement & Supplemental deeds
Endorsements means write of "ac+ for eg Che1ue! "ill of exchange
etc5
,upplementary deed is the one which is entered "etween two parties
on same su"/ect on which there is a prior document exists
8nnexure or Schedules
Annexure means li+e site plan or map plan showing exact location of
property li+e survey no ! gali no sector etc