CONVEYANCING

- Conveyancing refers to the alienation of property by means of appropriate instruments,

these instruments are called conveyancing. Conveyance includes a conveyance of sale
and every instrument by which property whether movable or immovable is transferred
inter-vivos which is not otherwise specifically provided for, it includes sale, mortgage,
lease, gift etc. In the case of Ram Charandas vs. Girja Nandinidevi, 1966 SC, it was held
that conveyancing contains all such transactions by which legal rights are created and
legal relations between persons are established on the instruments itself, the recitals
operate as estoppel though would not be so on collateral matter.
- Most of the conveyance instruments fall under the transfer of property act, however there
could be other legislations such as rent control laws where conveyancing can take place.

SALE

- Sale is the transfer of property for price

- As per section 54 of the TPA, sale is the transfer of ownership in exchange for a price,
paid or promised or partly paid or partly promised.
- In state of Maharashtra vs. Emvee corp 1997 SC, sale embraces not only completed
contracts but also the contracts of sale or agreements of sale if it provides for movement
of good. Contract for sale of immovable property must be in writing, it should contain:

1. Who are the parties to the contract

2. The subject matter
3. Intention of parties to sell
4. Price or the means to ascertain it
5. Any other terms such as defects in title if any, any existing tenancy or lease, and any
other matter affecting the quality of land/property.

CAPACITY OF PARTIES-

- As per section 11 of the contract act, the seller must be a major, of sound mind, and
should not be disqualified from entering into the contract. (As mentioned in the section 7
of ToPA)
SALE DEED
1. This deed of sale executed at ____________ on 15th day of February, 2023, by and
between A, son of ________, Hindu/Mohamedein/Sikh/Christian/Jain/Budhhist/Parsi
residing at Flat no.______ hereinafter called the party of the I Part on one hand and B,
son of ______ Hindu/Mohamedein/Sikh/Christian/Jain/Budhhist/Parsi ____ residing at
_______ Flat no. ___ pincode____ hereinafter called the party of the II part, on the other
hand.

2. Whereas the party of the I Part is the absolute owner of the property, more fully
described in scheduled A, hereto, whereas the party of the II part is the absolute owner
of the property more fully described in Scheduled B, hereto. Whereas the parties have
agreed to exchange their respective properties for convenient enjoyment. The
consideration of price herein after agreed between the said parties will be paid by B to A
over and above the exchange as laid out above.

3. Now this deed of exchange witnesses that in consideration of the premises and in further
consideration of the party in the II part transferring his property more fully set out in
Schedule B hereto, by way of absolute sale to the party of the I part, the party of the I
part doth hereby transfer, convey and assign by way of absolute sale his property more
fully described in Schedule A, hereto.

4. Either of the parties have, this day, handed over the vacant position of the property so
described to the other.
Either of the party doth covenant with the other as under:

a. He is the sole and the absolute owner of the property, hereby conveyed under
this deed of exchange and he has indefeasible and unfettered right to convey
the same to the other.
b. The property hereby exchanged shall be entered upon peaceably and quietly
enjoyed by the other without any hindrance by him or by anyone claiming under
him.
c. The other shall collect the profits/rent/income from the said property.
d. He has not done anything by reason whereof the said property is encumbered
or charged or otherwise affected by title.
 e. He shall keep the other indemnified against all claims, actions, proceedings,
damages and expenses whatsoever which the other may put to by reason of
any defect in title or any breach whatsoever.
f. He has handed over this day to the other party documents of title relating to the
said property.
g. He has no objections to the mutations being carried out in favor of the other in
respect of the said property, in all government revenue records, municipality
records and other records maintained by statutory bodies.
In witness whereof, the parties hereto have set their respective hands & seals on the day and
year above written and in the presence of witnesses.

Witnesses:
1. Sh ______, s/o_____,r/o Sd/-
2. Sh ______, s/o_____,r/o I Part

Sd/-
II Part
 LEASE

Under Section 105 of the TOPA, a lease of an immovable property is a transfer of a right to
enjoy such property, made for a certain time, expressed or implied in consideration of price paid
to be rendered periodically or a share of crops etc. on specific occasions to the transferor by the
transferee.

Transferor is called lessor, transferee is called lessee. Price is called premium, whatever share
given is called rent.

A lease is not a mere contract but a transfer of interest in property and it creates a right in rem.

Essentials of lease:
1. 2 parties: lessor and lessee; Should be competent to contract
2. Subject matter of lease should be a certain immovable property which is capable of
being demised
3. Transfer of right to enjoy such property accompanied with requisite formalities
4. The period/term of lease must be sufficiently defined
5. Consideration (price paid/promised, share of crops or any other thing of value) to be
rendered periodically to the lessor by the lessee

Lease Deed with an option to renew

This deed of lease made at ________ is 16th Day of February 2023 by an between A, S/o
_______, R/o _______ and B, S/o _______, R/o _______ is as under:

Whereas the lessor is the absolute owner of the property more fully described in Schedule A,

Whereas the lessee approached the lessor for the lease of the set property to the former,

Whereas the lessor has consented to the same.

It is hereby mutually agreed to between the parties hereto as follows:
1. The property demised by the lessor to the lessee is the one that is more fully described
in Schedule ‘A’ hereto.
2. The tenancy is for a period of 3 years from this date that is from 17th February, 2023 to
16th February, 2026. The lessee is given the option to renew the lease for a further
period of 3 years provided he exercises his right to renew the lease 3 months prior to the
expiry of the lease period herein and provided further that on such renewal the lessee
shall pay as monthly rent the present monthly rent plus 20% increase thereon.
3. The monthly rent is Rs. 10,000 (Rupees Ten Thousand only). It does not include any
charges or fees for amenities such as water, electricity, etc. The lessee shall himself
bear the charges or fees for such amenities.
4. The demised premises shall be used for residential purposes only.
5. The lessee has paid this day to the lessor a sum of Rs. 50,000 (Rupees Fifty Thousand
only) as security deposit. The same is refundable to the lessee only upon the expiry of
the lease period and the lessee surrendering vacant possession of the demised
premises.
6. The monthly rent shall be paid on or before 5th of the month succeeding that for which
the same shall fall due on the 5th of every succeeding month.
7. The lessee shall not sublet the demised premises for any purpose whatsoever without
the written consent of the lessor.
8. The lessee shall not erect any permanent structure or alter the structure of the demised
premises or any part thereof without the written consent of the lessor.
9. The lessee should allow the lessor and/or his agents at all reasonable times during the
lease period to enter upon the property and inspect the condition thereof. The lessor can
give notice of any defect in such condition and the lessee is bound to make good the
same within 1 month from the date of receipt of such notice by the lessor.
10. The lessee shall not put the demised property for any purpose other than that for which it
is leased.
11. In case the lessee were to commit breach of any of the covenants contained herein, the
lease shall stand determined irrespective of the period of lease and the lessor will be
entitled to reenter the demised property.
12. The lessee shall vacate and surrender vacant possession of the demised premises on
the expiry of the period of lease.
 13. If at the time of vacating the premises any damage is found to have been caused to the
premises the lessee shall bear such costs as to repair the damages and if the lessee
shall fail to do so, the lessor is entitled to have the repair carried out and shall adjust
such cost against the security deposit in his hand and refund the balance, subject to
further adjustments against arrears of electricity charges, water charges and other public
dues payable by the lessee touching the demised premises.
14. The lessor assures the lessee that the lessee shall enjoy the demised premises without
any interruption or interference by him or at his instance as long as the lessee observes
his obligations under this deed of lease.
15. The term lessor shall mean and include his legal heirs, executors, legal representatives
and assignees while the term lessee will include only the lessee, his/her spouse and
their children if any living as a part of lessee’s family until his demise.
16. In all other respects, the provisions of the TOPA shall apply.

In witness whereof the lessor and the lessee set their respective hands and seals on the day
and year first above written and in the presence of witnesses:

Witnesses:
1. Sh ______, s/o_____,r/o Sd/-
2. Sh ______, s/o_____,r/o Lessor

Sd/-
Lessee
 Sale Deed

This deed of sale executed at ______ this day of February 2023 by Shri ____ s/o _____
____(religion)_______, residing at ______ hereinafter called the vendor to and in favor of
______ s/o ______ (religion) residing at ______ hereinafter called the purchaser, the terms
vendor and purchaser wherever the context so admits meaning and including their respective
heirs, executors, legal representatives and assignees, witnesses as follows:

Whereas the vendor is the absolute owner of the schedule mentioned property, he having
purchased the same under deed of sale dated ______ registered as ______ in the office of
Registrar of Assurances, the vendor being the sole heir to the said property.

Whereas the vendor has been in exclusive possession and enjoyment ever since then, and
whereas the purchaser has agreed to purchase the said property.

Now this deed of absolute sale witnesses that in consideration of the premises and in further
consideration of the sum of Rs. 1,00,00,000 (Rupees One Crore only) paid by the purchaser to
the vendor, by cheque number ____ dated ____ drawn on _____ and in favor of the vendor, at
the time of execution of this deed before the registering officer.

The receipt of which sum in manner aforesaid the vendor doth hereby acknowledge, grant
transfer, convey and assign as and by way of absolute sale unto the purchaser the premises
more particularly described in the Schedule hereto together with all right, title, estate, interest,
property claim and demand into and upon the scheduled mentioned property with all rights,
waters, water courses, ways, easements, advantages, privileges, opportunities belonging to or
reputed to belong to therewith or any part thereof to have and hold the same to the use of the
purchaser absolutely and forever free from all encumbrances, charges, litigation lis pendens,
attachment, right or demand of any kind whatsoever.

The vendor has this day delivered vacant possession of the property more fully described in the
Schedule hereto to the purchaser.

The vendor doth covenant with the purchaser as follows:

 1. The vendor is a sole person absolutely entitled to the property hereby conveyed and has
been in exclusive possession and enjoyment of the same and that he has full power and
authority to convey the same to the purchaser.
2. That property hereby conveyed shall be entered upon peaceably and quietly enjoyed by
the purchaser without any let or hindrance by the vendor or anyone claiming under or
through the vendor.
3. The purchaser shall henceforth collect the profits/income/rent from the scheduled
mentioned property.
4. The vendor has paid all the public charges, rates and outgoings in respect of the said
property till date.
5. The vendor shall keep the purchaser indemnified against all claims, actions,
proceedings, demands, costs, damages and expenses whatsoever which the purchaser
may be put to by reason of any defect in title or breach by the vendor of any of the
covenants, assurances and representations contained herein.
6. The vendor has this day handed over the documents of title listed in Annexure 1 to the
purchaser.
7. The vendor has no objection to the rights and liberties he had with electricity board being
transferred in favor of the purchaser; so too he has no objection to mutation in the field
records maintained by revenue department and in the assessment register maintained
by municipality and other public departments recognising the purchaser as owner of the
property hereby conveyed.

In witness whereof the vendor and the purchaser set their respective hands and seals on the
day and year first above written and in the presence of witnesses:

Witnesses:
1. Sh ______, s/o_____,r/o Sd/-
2. Sh ______, s/o_____,r/o Vendor

Sd/-
Purchaser