Professional Documents
Culture Documents
Receipts No. 1
Bonds No. 1-2-6-9
Agreement 1-5-6-10
Mukhtarnama 1-2-3
Bainama 1-4-20-23
Rahn Nama 1-2-3-5-6-7-9-13
Exchange 1-2-3
Hiba Nama 1-2-3
Talak Nama 1-2-3-4
Will 1-2-4-5
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Book Recommended:
1. The Art of Pleading and Conveyancing by Nasim Sabir Chaudhary.
Conveyancing: Conveyancing means drafting of an instrument whereby
intention is expressed to transfer some right or property.
How to make a draft: Drafting of an instrument may seem to be a simple
and easy at first. It presents difficulty when it put in black-n-white. Layman
and inexperience in job commits mistake by using defective languages, which
does not express fully the intention of the executant. Such a scribe (record
clerk) may use such language, which is capable of being understood in more
than one sense. A scribe well versed in drafting would use balance and
perfect language. He shall express the executant intent in unambiguous
language and couched (lower) in formal style, he must be also aware of atleast element relating to subject matter of the instrument so that the
instrument perfectly valid in the eyes of law.
What is deed: A deed is a written document signed and attested if
necessary, and delivered such an instrument purports to perform a solemn
act and is an authentic record of transaction. Statement made therein may
create estoppel and may also mount (place) to admission.
In other countries United Kingdom, the technical word for the deed is
indenture. However in Pakistan, the word deed and indenture are not found in
the statute and the word instrument or documents have been used instead.
Commencement and date of rent agreement:
RENT AGREEMENT
AN AGREEMENT for lease to let the house entered into on January 01, 2001,
between Muhammad Ai S/o. Nazir Ali, Caste Malik, resident of House No. 5
Shadman Colony, Lahore (hereinafter called Landlord) of the one part and
Rana Nadir Pervaiz S/o. Ghulam Muhammad, caste Arayin, resident of House
No. 16, Street No. 56, Johar Town, Lahore (hereinafter called Tenant) of the
other/second part.
Recital:
WHEREAS the above named Landlord is owner in possession of the property
bearing No. 6 Shadman Colony, Lahore, with all appurtenances and
accessories.
AND WHEREAS the Tenant above named has agreed to take on rent and the
Landlord has agreed to rent out the above said premises to the Tenant.
Now the parties have mutually agreed on the following terms and conditions:
1. This Rent Agreement is valid for a period of one-year (twelve months)
commencing from the date of taking possession of Tenant.
2. The monthly rental amount of the rented premises is mutually fixed as Rs.
5,000/-.
3. The Landlord shall give a peaceful possession of the property in question
to the Tenant and the Landlord covenants that the property in questions is
free/immune from any sort of encumbrances and embargoes and all the
taxes have been paid by the Landlord to the concerned agencies.
4. The Tenant shall not sublet the premises in any case to any one without
the prior written consents of the Landlord and undertakes to pay the
monthly electricity charges, gas charges, water charges, and telephone
bills, the possession of which has also been delivered to the Tenant. The
telephone numbers are 7310274 and 0303-6404314
5. The Landlord does hereby undertake to white wash and make necessary
repairs, unavoidable in nature, periodically or at regular intervals at his
own expenses.
6. The Tenant shall not make/enter any major change or alterations in the
structure of the building in general without the prior written consents of
the Landlord.
7. The Landlord shall have the right to get the premises in question vacated
with three months notice in writing to the Tenant.
8. The parties hereto shall be bound by the provisions of the Rent
Restrictions Ordinance, 1961.
Testimonium Clause:
IN WITNESS whereof the parties have hereto at Lahore signed the day and
year first above written.
AGREEMENT TO SELL
AGREEMENT TO SELL made today the 1st day of the December 2001, entered
into BETWEEN (IB) Muhammad Arshad S/o. Muhammad Akhtar, Caste
Kashmiri, resident of 5 Gulberg, Lahore (hereinafter called the Vendor) of the
one/first part and Muhammad Ashiq S/o. Muhammad Razzaque, Caste Arayin,
resident of 7 Model Town, Lahore (hereinafter called the Vendee) on the
other/second part.
WHEREAS the Vendor above named is the exclusive owner in possession of
the property bearing no. 10 Shadman Colony, Lahore, a Pukka Built
residential house, consisting of/comprising 4 bed rooms, TV lounge, drawing
and dining rooms with kitchen and with a lawn/patio the detail of which is
fully described in the hereunder:
1.
2.
3.
4.
East
North
West
South
AND WHEREAS the Vendor has agreed to sell the said property to the Vendee
above named and the Vendee has agreed to purchase the same from the
Vendor on the terms and conditions hereinafter described.
NOW the parties above named covenant as under:
1. The total consideration of the demised property (bargain or ae )/value of
property in question is mutually fixed at Rs. 2,000,000/- (Rupees two
million only) out of which a sum of Rs. 100,000/- (Rupees one hundred
thousand only) has been received by the Vendor as earnest (BI) money,
the receipt of which the Vendor does hereby acknowledge.
2. The Vendor is exclusive owner in possession of the property detailed
above and the same is free from any kind of encumbrance/embargo in the
form of mortgage or any other security and all the taxes have been
regularly paid to the concerned authorities in full and final settlement with
claims or demand.
3. The Vendor does hereby promise to the Vendee to deliver the vacant
possession of the house in question with all appurtenances (equipment,
belongings) and fixtures etc. at the time of the execution of a valid and
legal sale deed before the Sub-Registrar, Lahore.
4. The Vendor and the Vendee do hereby mutually agree that the Vendee
shall be liable to make the payment of the balance amount amounting to
Rs. 1,900,000/- (Rupees one million nine hundred thousand only) to the
Vendor before the Sub-Registrar, Lahore, on January 01, 2002, at the time
of the completion of a duly registered sale deed of the property in
question and the Vendor does hereby agree and declare to hand over the
vacant possession of the aforementioned property to the Vendee.
5. In case of failure of the Vendee to make the balance price of the property
to the Vendor at the target date, i.e., January 01, 2002, the Vendor shall
be within his rights to confiscate (take away, seize, Jy) the earnest money
amounting to Rs. 100,000/- (Rupees one hundred thousand only) already
received by him and in case the Vendor does hereby fails to perform his
part of the agreement by refusing to execute a registered sale deed in
favour of the Vendee, the Vendee shall have the legal remedy to get a sale
deed registered in his favour by filing a suit for specific performance
against the Vendor and may also recover the damages, if any, sustained
by the Vendee at the expense of the Vendor.
6. The provisions of the Transfer of Property Act bind the parties.
7. The terms Vendor and the Vendee include their heirs and successors etc.
successively for the purpose of this agreement.
IN WITNESS whereof the Vendor and the Vendee have set their hand to their
agreement signed to this deed on the day and year first above written.
AGREEMENT OF SALE
THIS DEED OF SALE is made today the 1 st day of January 2002 between Rana
Wajahat Ali S/o. Kashif Mahmood, Caste Jutt, resident of House No. 412,
Street No. 14, Farooq-Abad, Sheikhupura (hereinafter called the Vendor) on
the first part and Ghulam Raza Rabbani S/o. Ghulam Abbas, Caste Araiyn,
resident of Chak No. 12/R. B., Rasoolpura, Narowal, Sialkot (hereinafter called
the Vendee) on the second part.
WHEREAS the Vendor is owner in possession of agricultural land measuring
into 12 acres bearing Khasra No. 552/565, Khatooni No. 751, Kheevat No. 5,
and Jamabandi for the year 1996 to 2000, situated into Revenue Estate of
Village Sultanpura, Tehsil & District Lahore.
AND WHEREAS the Vendee above named has agreed to purchase the said
parcel of land from the vendor above named on the following terms and
conditions:
1. The total consideration amount of the land in question amounting to Rs.
2,000,000/- (Rupees two million only) has been received by the Vendor
from the Vendee in lump-sump.
2. The Vendor does hereby assert that the aforesaid area of land does
exclusively belong to him and the property in question is free from any
kind of encumbrance and embargo.
3. The Vendee has the right to take or adopt any legal remedy or action at
law against the Vendor in case of any legal or otherwise by defect of any
nature at any time against the Vendor.
4. The Vendor shall be liable for any defect or loss sustained by the Vendee,
if any, in the said bargain.
5. The parties are liable to abide by to provisions of Transfer of Property Act.
NOW the Vendor does hereby transfer the said parcel of land to the Vendee to
hold the same as his property as a lawful owner of said property through his
heirs and successors.
IN WITNESS whereof said names this deed of sale is signed on the day,
month, and year mentioned above.
NOTICE
Under instruction of my client Ashiq Ali S/o. Muhammad Razzaque, Caste
Araiyn, resident of House No. 5, Shadman Colony, Lahore, I do hereby serve
upon you the following notice:
That my client above named entered into an agreement for sale of a House
no. 5, Shadman Colony, Lahore, covering an area of one Kanal with Pukka
Built structure upon it on December 01, 2001, in consideration of Rs.
2,000,000/- (Rupees two million only) as the total value of the property in
question out of which a sum of Rs. 100,000/ (Rupees one hundred thousand
only) was received by you as the earnest money from my above named client
and it was mutually agreed between the parties that you shall execute a duly
registered sale deed of the demised property within a period of one month
ending on February 01, 2002 and that whereas my above named client was
prepared to perform his part of the agreement but you intentionally failed to
enter your appearance before the Sub-Registrar on the said date.
Now, therefore, it is to give you the final notice to execute a duly registered
sale deed in favour of my above named client with the payment of Rs.
1,900,000/- (Rupees one million nine hundred thousand only) as such payable
by my above named client in lieu of the sale bargain within a period of seven
days after the receipt of this notice failing which my above named client shall
be constrained to adopt the appropriate remedy at law and also to recover
from you as damages suffered by my above named client.
A copy of this notice has been kept into my office for record.
Advocates signature
Matters of power of attorneys are governed by Power of Attorney Act, 1868.
Power of attorney authorizes any person to do or perform all or any of acts on
behalf of the person so authorizing. It is granting for any matter either
personal or judicial.
______________________________
Signature
MORTGAGE DEED
THIS MORTGAGE DEED/DEED OF MORTGAGE is made the 6 th day of February
2002 between ABC S/o. XYZ, Caste Kakay Zai, resident of 96, Shiraz Villa,
Muslim Town, Lahore (hereinafter called the Mortgagor) of the first/one part
and PST S/o. HTML, Caste Chattha, resident of 105 Umar Block, Awan Town,
Multan Road, Lahore (hereinafter called the Mortgagee) of the second/other
part.
WHEREAS the mortgagor above named has taken as loan/debt as sum of Rs.
200,000/- (Rupees two hundred thousand only) from the mortgagee above
named repayable to the mortgagee after a period of one year, i.e., 5 th day of
February 2003 with interest @ 10% p. m.
AND WHEREAS in consideration of the mortgage debt, the mortgagor does
hereby execute a simple mortgage of the property owned and possessed by
him bearing number 5, Shadman Colony, Lahore, as security of the mortgage
debt, the detail of which is given hereunder
1.
2.
3.
4.
Mortgagee
Witnesses 1.
:
Witnesses 1.
:
2.
2.
PARTNERSHIP DEED
1.
Name of the partnership firm shall be Rana Nizam Khan & Brothers
Carpets Manufacturing Firm and its Head Office shall be located at51 Jail
Road, Lahore.
2.
The total capital of the partnership business shall be Rs. 2,000,000/(Rupees two million only) to be contributed by the partners above
named in equal shares.
3.
The profits & losses accrued therein shall be borne out by the partners
in equal shares.
4.
In addition to the profit or loss shared as such, the above named C shall
be responsible to maintain and supervise all the records namely ledgers,
register of payments, receipts etc., for which (in lieu of) he shall be paid
a sum of Rs. 5,000/- p. m. as remuneration.
5.
6.
In case of any loss sustained in the regular and usual course of the
business of the partnership firm, all the losses shall be borne by the
partners in equal shares.
7.
In case of any difference between the partners, the partners are hereby
agree to refer the same to the arbitrators appointed as such.
8.
Neither of the partners of the partnership firm shall effect the property
of the partnership firm for its business by creating a charge,
encumbrance or embargo of any kind of the nature of mortgage or any
security in respect of any other transaction in his independent and
individual capacity not related directly or indirectly to the business of the
partnership firm.
9.
10.
11.
The parties are hereto bound by the provisions of the Partnership Act,
1932.
Caste Jatt, resident of Village Mand, Tehsil Daska, District Sialkot of the other
part.
Whereas the above named Munir Ahmed is exclusive owner in possession of a
house bearing House No. 9, Street No. 5, Shadman Colony, Sialkot, built upon
an area of land 1 kanal with Pacca structure comprising 3 bedrooms with
attached bathrooms, a kitchen, a storeroom, and a courtyard upon it valuing
Rs. 2,000,000/- (Rupees two million only) and whereas the above named
Rashid Ahmed is owner in exclusive possession of agricultural land owned
and possessed by him measuring into 6 acres bearing Khasra No. 581, 584,
and 694, Khatooni No. 9, Kheevat No. 5, Jamabandi (Record-of-Rights which
are prepared after each four years) of the year 1996 2000 and situated in the
Revenue Estate of Village Mand, Tehsil Daska, District Sialkot, valued at Rs.
2,200,000/- (Rupees two million two hundred thousand only).
And whereas the parties named above have agreed to exchange/excamb the
same mutually on the following terms and conditions:
1. The above named Munir Ahmed is the sole proprietor, owner, and
occupant of the house in question and as full owner has the power to
transfer, sell, mortgage, and exchange or otherwise to alienate it in any
manner he likes. The house in question is free from any encumbrance of
any kind whatsoever. The map plan of house in question is attached.
2. The said Rashid Ahmed is also owner in possession of agricultural land
the detail of which is given above.
3. In order to strike a balance between the accurate and precise price in
connection with the said bargain of exchange, the above named Munir
Ahmed has paid a sum of Rs. 200,000/- (Rupees two hundred thousand
only) to the above named Rashid Ahmed as owelty of exchange, the
receipt of which the above named Rashid Ahmed has do as hereby
acknowledged.
4. The heirs and successors, after the death of any of the party, shall be
bound by the respective transfer of the property into question,
respectively.
5. In case of any defect of ownership or otherwise in any event, in relation to
the property, belonging to anyone of the parties, shall be liable for the
loss accrued as such and the aggrieved person shall be within his rights,
be legally empowered to initiate the legal proceedings in the competent
Court of law and shall also have the right and power to receive damages
as well.
In witness whereas each of the person/party has signed this deed of
exchange/excamb on the day, month, and the year mentioned above.
Signature
Signature
Witnesses 1.
:
Witnesses 1.
:
2.
2.
GIFT DEED
THIS DEED OF GIFT is made today the 4th day of April 2002, between Kareem
Bakhsh S/o. Rasheed Bukhsh, Caste Arayin, resident of Village Sultan Pura,
Tehsil and District Sahiwal (hereinafter called the Donor KA) of the first/one
part and Bashir Ahmad S/o. Shabbir Ahmad, Caste Arayin, resident of Chak
No. 5 South, Sargodha (hereinafter called the Donee A L) of the second/other
part.
WHEREAS the Donor above named is sole/exclusive owner in possession of
agricultural land measuring into 2 acres, 5 kanals, 10 sarsahis, bearing
Mahdooda Khasra No. 105 to 107, Khatooni No. 7, Kheevat No. 9, Jamabandi
for the years 1994 to 1998, situated in the Revenue Estate of Village
Sultanpura, Tehsil and District Sahiwal.
AND whereas the Donee above named has rendered useful services to the
Donor above named during his illness and made the necessary expenses
from his pocket in his medical treatment when he was suffering from clinical
diseases in his senility and dotage.
WHEREAS the Donor above named out of natural affection and love transfers
by way of gift all that property detailed above in favour of the above said
Donee TO HOLD the same through his heir, executors, and administrators.
THE Donor hence to before transfers the property to the Donee and the
Donee does hereby accepts the delivery of the possession.
IN WITNESS WHEREOF the Donor and the Donee have affixed their signature
to the Deed of Gift on the day, month, and year above mentioned.
Signature
Signature
Witnesses 1.
:
2.
Witnesses 1.
:
2.
6. The parcels: The operative part is followed by the de ion of the property.
This de ion is technically the parcels and should when practicable be the
same as in the earlier title deeds so as to prevent any question as to the
identity of the property as conveyed with that described in such earlier
deed if, however owing to change in the matter of the property such as
rebuilding or surrounding the old de ion proves insufficient to identify the
property sold with certainty and new de ion should be framed while
making to de ion contained in earlier documents.
7. General word: After parcels, the general word comes, which purport
conveys to the transferor all rights and easements, and other rights
appended and appurtenant to the property or at any time enjoyed with it
or reputed to form apart to it. Rights, which are, appended (Easement
rights) or appurtenant pass by the conveyances of land to which they are
annexed. It might happen that the vendor or the transferor was retaining
other land belonging to him and adjoining the land sold. Any rights which
the Vendor had been exercising over the land retained for the benefit of
the land conveyed could not pass to the transferee as easements because
a man could not have an easement over his own land. The General Words
in England have since been omitted as it has been provided by statue that
a conveyance of land shall be deemed to include and shall operate to
convey with the land all the easements and other incidents and
accessories.
8. Exceptions and Reservations: Next part of the deed consists of
exceptions and reservations, if any. An Exception is where the Vendor
transfers which is already in existence at the time of the grant, for
instance an exception of the mines and minerals. To such an exception
there is no instance an exception of the mines and mineral. To such an
exception there is no ion provided that is not repugnant to the grant.For
instance, in a grant of a house and grounds as exception of the grounds
would be repugnant to the grant and consequently void.
A Reservation is where the transferor reserves to himself something
entirely new for instance an easement over the land conveyed. Such a
reservation shall be expresses for it will not be implied unless there are
special facts to justify it.
9. Habendum: Next part of the deed is habendum. It implies and signifies
the rights in the property transferred to the transferee by the transferor is
very often expressed that in the deed/indenture as To have and hold the
same as whatever is given and narrated as to the subject matter of the
demised property. These words establish the fact that the rights now have
floated in favour of the transferee against the person who for and
consideration transfers, sells, or alienates the property in question with a
consideration.
10. Testimonium: Last part of the deed is testimonium, which implies the
attestation of the deed/indenture by the witnesses who establishes that
the transaction did take place in their presence and their
Rs. 50,000/-
Three months after date (or on demand) I promise to pay Mr. Sajjad Ali or
order (or bearer) Rs. 50,000/- (Rupees fifty thousand only) with interest
@ 10% p. a. until payment, for value received.
Pir Pagara
BOND
Rs. 100,000/-
I, Sultan Rahi S/o. Qurban Elahi, by Caste Malik, resident of 10 Badian Road,
Near Lahore Boarder, Lahore, having borrowed Rs. 100,000/- (Rupees
one hundreds thousand only) from Babar Ali S/o. Mustafa Qureshi,
Caste Bhatti, resident of 18 Shadbagh, Lahore, hereby promise to pay
the said Babar Ali, the said sum of money on demand with interest
thereon from the date of bond @ 10% p. a.
Sultan Rahi
In witnesseth whereof, I set my hand to the deed of Bond today 20 th of April
2002.
Order 37 governs laws and pleadings on Negotiable Instruments such as
Cheque, Bill of Exchange, and Promissory Note. District Judge is the
competent Court to hear the suits on Negotiable Instruments rather than
Senior Civil Judge.
RECEIPT
Whereas it has become well-nigh (nearly, roughly, almost) impossible for the
partners to carry on the business of the partnership firm any more as certain
differences have created up between the above named partners and they
have been left with no alternative except to dissolve/determine the
partnership firm through mutual consent, on the following terms and
conditions:
1. The partnership firm named above stands dissolved forthwith with the
execution of these presents from today the 25 th day of April 2002.
2. The accounts lying with M/s. Habib Bank Limited, Bank Square, Shahrahe-Qauid-e-Azam, Lahore shall cease to operate immediately and the said
bank has been informed as regards the dissolution partnership firm. The
partners above named have received the proceeds of the bank account
and cash lying in bank account running to the tune of Rs. 3,000,000/(Rupees three million only) in the name of the partnership firm in equal
shares the receipt of which each partner dies acknowledge.
3. The partners shall dispose of all the assets, effects, fixtures, and all such
belongings pertaining in relation to the partnership business. The partners
in equal shares shall share the proceeds.
4. The vehicles bearing registration number LOA 2010, model 1999, and pick
up bearing registration number LXE 3556, model 2000 have been through
mutual consent have been sold out by the partners in consideration of Rs.
2,000,000/- (Rupees two million only) and shared equally by the partners
above named.
5. All these proceedings pending in the course of competent Court of
jurisdiction for or on and against behalf of the partnership firm and against
the partnership firm shall be continued after the dissolution of the firm
and the liabilities/decrees passed as such in the proceedings in the
forthcoming period shall be lawful making the partners personally liable as
the partnership firm has not been dissolved for satisfying exclusively the
loans against the firm in full and final satisfaction of the claims of lenders
or from that point of view in full and final satisfaction of the partners
borrowed as such by them.
DEED TO REFER ARBITRATION
THIS AGREEMENT is made on the 30 th day of May 2002, between Tonny Blair
S/o. BMW Roxy, Caste Kamee Kameen, resident of 10 Downing Street,
London, of the first part and Armature Bush S/o. Mercedes Benz, Caste
Pandee, resident of White House, Washington, of the other part.
WHEREAS:
1. The said Armature Bush S/o. Mercedes Benz has made to following claims
against the said Tonny Blair S/o. BMW Roxy in connection with the
partnership business between them following claims: