DRAFTING OF DEEDS

Presented By
Jagdeep pal singh
randhawa.
Contact 9464530647
 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 Drafting
Some 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 Deeds
1. Deed title
2. Place & date of execution
3. Description of parties
4. Recitals
5. Testatum
6. Consideration
7. Receipt clause
8. Operative clause
9. Description of property

cntd.
 Components of Deeds
10. Exceptions & Reservations
11. Parcels clause
12. Premises & habendum
13. Covenants & undertakings
14. Testimonial Clause
15. Signature and attestation
16. 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 .