DPC —II Semester- IV & VII (75:25) Dr. Dharmesh Mehta Index No. Topic Page No. Mt Sale Deed a cd Mortgage Deed 9 13 Lease Deed, Leave and License Agreement n 14 Exchange Deed 16 1s Gift Deed a 16 Trust Deed a 7 Registration of Documents 2B 18. Partnership Agreement 6 2 Divorce Petition 30 22 Application for Maintenance 3B 23 Application for Custody 36 24 Restitution of Conjugal Rights 37 28 Nullity of Marriage 39 3d LLP Deed a 32 Petition for Winding Up 2 33 Notice for AGM and SGM “ 34 Notice for Defective Goods 4 38 Application for Corporate Insolvency 4s 4 Will and Codicil 48 42 Application for Heir ship Certificate st 43 Testamentary Succession Certificate s 44 Certified Guardian od 45,46 Adoption Deed under J.J Act / RTL oesDr. Dharmesh Mehta DPC —I1 Semester- IV & VIE (7S 1.1 Sale Deed & Av ins and conditions of sale of a property by the seller to tat which it is to be sold and the int of sale constitutes the ter ‘and conditions include the amount future date of full payment. An agreemet the buyer. These terms a the sale transaction, it enables the process of ‘ale to go through without any hurdles. All the terms and conditions included in the aereement ofsale must be understood thoroughly by both the parties ane obeyed throughout ths sale process tll the time the sale deed is made. Agreement of sale s the tase document on which the sale deed is drafted. Description: Being an important document i Sale deed Sale deed is the document prepared at the time of full payment made by the buyer and when the actual transfer of the property takes place. The sale deed is one of the most critical documents in the case of property ownership transfer, Like several other deed documents, such as lease deed, mortsaet deed, gift deed, and exchange deed, the sale deed is a class of conveyance deed. When selling a property, the sale deed and other deed documents come in handy. 1 help an owner sell a property, the sale deed Even though the documents mentioned above cat rtant to register the sale will get the name of the new owner registered in the papers. Its impo deed as per the Indian Registration Act. What is a Sale Deed? ‘A sale deed is basically a legal document that enables the owner or seller of the property to transfer the rights of the property in the name of the buyer. Register the property at the local sub-registrar office once the seller draws the sale deed draft. In several cases, people often ask if it is mandatory to get a sale deed registered. Yes, it is very critical to get the sale deed registered, Until a sale deed is not registered, the buyer cannot become the rightful owner of the property in the context of the law. The seller is the vendor in the sale deed, and the buyer is the vendee. The meaning of sale deed in Hindi is Bikrina it i in Hindi is Bikrinama or Bainama paper. Similarly, the sale deed meaning in Marathi iS Vikri Karara. Also, i mi . in some cases, people sometimes refer to the sale deed as the title dee However, there is a di ifference between a sale deed and a title deed in a legal context. Furth at the time of the creati ‘ation of . the sale deed, various components are to be taken care of: Alo" with the elements, th lee in es per the Transfer 0! » the sale deed must i PK include several clauses per the Transfer of PropeDPC -II Semester- IV & VIII (75:25) Dr. Dharmesh Mehta and tights of both parties to the A sale deed includes everything from the obligation property's details. At the time of creating the sale deed, write the sale deed draft first Afterwards, as per the requirement of the buyer and seller, a few clauses can be added or removed from the sale deed draft to finalize it. Once the sale deed draft is completed and signed by the parties, register the sale deed in the buyer’s name upon its finalization. Documents required at the time of creating the sale deed draft include building plan, allotment letter by the builder, recent tax receipts, recent utility bills (electricity), power of applicable), title documents, and in case of resale of property all previously attorney (i registered agreements, At the time of registration of the sale deed, the buyer must pay the stamp duty required. Presently, the charges on stamp duty vary from 4 to 6 per cent on the property's sale value, Different states levy different amounts of stamp duty on properties, Sample Sale Deed Format SALE. DEED This DEED OF ARSOLUTE SALE executed at onthis the day 2015 by Smu/ Shri ‘S/o W/e Dio jon halt include mi representatives, ue strates. te TO AND IN FAVOUR OF Shri/smut S/o W/e D/o residing hereimaiter called the VENDEE of the Otier Part which expression shierever mean and aneludie, Nis hess, eaccuter, ‘aie Schedule of property WHEREAS the VENDOR 1 roperts WHEREAS the VENDOR 1 the exclusne owner of the propery my Nenuned in the wehedule fwreander and he has absolute engi te AND WHEREAS the VENDOR penteneits ia expense and has de iy dew ited ‘Benedule of considers Seiad the VENDEE herein boosComponents of a Sal When document. Fi _ t1Semester- IV & VIII (75:25) Dr. Dharmesh Mehta je Deed creating the sale deed draft, several essential components are included in the cllowing are the things that must be a part of the sale deed draft Details in terms of the name of both parties, contact + Details of Both the Part sale deed draft. and age are recorded in the s perty's details, such as its complete numbers, «Property Details: This section includes the pro of the property, including the dimensions, details of construction. particular clause is added to the property to ensure that loans, and charges related to address, area «Indemnity Clause: This the seller frees the buyers from all the previous taxes, the property. Also, the eller will pay up any mortgages and loans before finalizing the sale of the property. Payment Details: The price at which the owner will sell the sai property should be specified in the sale deed. Along with the sale price of the property, the information related to the advance payment made by the buyer must be stated clearly in the sale deed. Information on the amount paid in instalments, date of each instalment should also be mentioned in the document, , how the amount will be made for + Mode of payment: The method of payment, the property purchase, must be recorded explicitly in the sale deed. The standard modes of payment, such as bank transfer, cheque, and cash, are clearly stated in the sale deed. + Possession of Property: The sale deed will record the date the buyer will get possession of the property. + Witnesses of the Property: The testimonium clause of the property includes that a . . ‘© witnesses are mandatory for attending the sale deed. At least one witness from both si sides, ie., buyer and seller, should sign the sale deed. The witness has to share their complete name, address, and age.DPC = II Semester= IV & VIII (75:25) Dr. Dharmesh Mehta Sale Deed Documents Required for Property Registratio Here are a few major sale deed documents required for property registration, + Sale Agreement + Title Deed Draft + Extract Sharing Agreement signed by the builder and propett «Allotment Letter from the Housing Board + Power of Attorney, if any + No-Objection Certificate, in case of property resale iy owner Blueprint of the authorised parties Completion Certificate + Property Tax Receipts + Encumbrance Certificate «Stamp Duty Receipt + Identity proof of all the parties and witnesses involved + Possession Letter Property Papers from the bank, in case a loan has been taken against the property + Occupancy Certificate + Passport-size photographs Here are a few major things to remember when executing a sale deed. include a clause that transfers ownership rights to the buyer once the + The sale deed mus purchase is complete. + The title of the property must be free of all encumbrances. + The registrar's office must verify the encumbrance status, + All utility bills including water bills, electricity bills, property tax, etc. related to the property must be paid. «There must be no further dues such as maintenance charges, pending. + Assale deed must specify all terms and conditions under which the property has been sold. ‘The Bottom Line Lastly. a sale deed is a vital document as it establishes property ownership. The sale deed also includes all the details related to the property, buyer and seller, and payment along with other things. The buyer pays the stamp duty for registering the sale deed. The sale deed must be maintained by the property owner properly. If the sale deed is lost, getting a certified copy of the sale deed from the sub-registrar office is a lengthy process. In case of any discrepancy, one can challenge the registered sale deed for witnessing a sale deed at least one person from each party's side must sign.5) Dr. Dharmesh Mehta DPC - Il Semester- IV & VIII (75 1.2 Mortgage Deed According to Section $8 of the Trar ‘an interest in specific immoveable proy advanced or to be advanced by way of fan agreement which may give rise to pecuniary liability, The transferor is called a mortgagor, the transferee a mortgagee; the principal money and interest the payment of which is secured for the time being are called the mortgage money and the instrument by which the transfer is affected is called the mortgage deed. nsfer of Property Act, 1882, a mortgage is the transfer of erty for the purpose of securing the payment of money loan, an existing or future debt or the performance of Essentials Of Mortgage + Transfer of Interest- The transfer of interest in a specific immovable property is called mortgage. The mortgagor who has the possession of the overall interest of ‘the property only cedes a part of the interest in favor of the mortgagee while mortgaging his property in order to secure a loan. After the completion of the mortgage, the interest of the mortgagor reduces to that proportion that has been mortgaged to the mortgagee. His ownership also reduces temporarily until he makes good of the loan that he has taken from the mortgagee. When the mortgagor transfers his property, then under the rights provided to the mortgagee, the transferee can recover what he has loaned to the mortgagor. + Specific Immovable Property- There must be specific mention of the property to be mortgaged in the mortgage deed. The reason behind stating specific property is in case, the mortgagor cannot repay his loan, then the court can decree a sale of the specific property mortgaged by him when the mortgagee files a suit for non-payment of loan. Securing the Payment of a Loan- The transaction involved in a mortgage is for performance of obligations or payment of a loan. The mortgagor and the mortgagee share the relation of a debtor and a creditor. If however the debtor borrows money from the creditor and puts this clause that the creditor ‘cannot sell the mortgaged property before the repayment of loan then it is not a mortgage as there is no transfer of interest from the property mortgaged. The basic difference between sale and mortgage is that in mortgage there is a part of interest that is transferred while in a sale there is complete transfer of rights. The three most important features of a mortgage are: «© The mortgagor can claim his right to the property he mortgaged after he repays his loan. - + The mortgagee has a right to sell the mortgaged property on non payment of debt. + On complete payment of the debt, the mortgagee gives up whatever interest he had on the mortgaged property.ppc- Rights 1 II Semester- IV & VIII (75:25) Dr, Dharmesh Mehta Of The Mortgagor Rights of Redemption: The mortgagor has the right to get back the mortgaged property if- He repays the loan on the correct date and time His right to get back his mortgaged property has not been quashed by the court or by one of the contracting parties. ‘The mortgager who has redeemed the mortgage is entitled to the following rights: He can get back all the valid legal documents accrued in the process of executing the mortgage deed. He also gets the right to receive possession of the mortgaged land from the mortgagee as done in English mortgage. He also has the right to get back the property he mortgaged as his own expense or tia third person as directed by him. Accession to Mortgaged Property: During the period of mortgage when the mortgaged property was under the control of the mortgagee, if he made any alterations to the property, then on total repayment of mortgage money, the mortgagor when he gets back his property gets it back with all the alteration if there is nothing explicitly mentioned in the contract. Right to Transfer to Third Party: The mortgagor on repayment of the mortgage money may want the mortgaged property to be transferred to a third person and the mortgagee is bound to oblige. Right to Inspection and Production of Documents: The mortgagor possesses the right to check and keep record of all the title documents which are in possession of the mortgagee, Of The Mortgagee Right to Sue for Mortgage Money: The mortgagee can claim his mortgage money by filing a suit in the following situations: Where the mortgagor through personal covenant takes up the liability to pay the mortgage as in English and simple mortgage. Where the mortgaged property is insufficient or damaged or partly destroyed and the mortgagor has not furnished any further security Where the mortgagee is denied of the total or proportion of the mortgaged property by the mistake of the mortgagor. Where the mortgagor is unable to provide security to the mortgagee where he has the right to have security. Right of Sale: The mortgagee is well within his right to sell off the mortgaged property on non-payment of loan by filing a suit and getting a decree from the court, However Sec. 69 of the Transfer of Property Act gives the right to the mortgagee to sell off the mortgaged property without filing a suit in the court of law and getting a decree to sell the mortgaged property. Right of Foreclosure: The mortgagee has a right to move court and file a suit against the mortgagor barring him from claiming the mortgaged property back. The right of foreclosure can be claimed in mortgage by conditional sale and anomalous mortgage. 7DPC — 11 Semester IV & VHT (75:25) Dr. Dharmesh Mehta ertys ed pro 4. Right of Accession to Property: If any alteration is made to the mortgags 8 ie Tah ae morgagee is entitled to both the property that has been mores alteration as security for the money loaned. control of the 5, Right to Possession: the mortgagee is legally empowered 10 take comet ht is mortgaged property as per the terms of the contract of mortBabe available in usuftuctuary mortgage ee sor of the ‘A mortgage becomes a sub mortgage when the mortgagee, who is the current Eee voperty aS ‘mortgaged property, uses the mortgaged property as an advanee. The mortgaged Prope Te is property ofthe mortgagee as long as the mortgagor has not repaid his loans, he ¢ mortgaged property to get loans by re-mortgaging the already mortgaged property: is gagee II the legal rights of the The sub mortgagee has all the rights of the mortgagee and has al gl eh ote mortgagee. He has the right to get repaid the money loaned, file @ suit abt fumed mortgagor and take mortgaged property as security. The sub mortsabe is also called “mortgage of mortgagee.” ‘Simple Mortgage Definition Simple mortgage is executed where without any property being delivered to the mortgages: the mortgagor makes himself liable to repay the debt. It is implied by him in an express Or implied manner that in the event of non-repayment of loan, the mortgaged property can be used to make good of the loan by the mortgagee. The fundamental characteristic of simple mortgage is that the mortgagee has no right to liquidate the property without the permission of the court. The mortgagee can: + Apply to the court for consent to offer the sold property, or © Filea suit for recuperation of the entire sum without offering the property. Personal Liabi A simple mortgage entails two types of liabilities, personal liability and the mortgaged property. In a standard mortgage deal, the mortgagor does not have any personal liability and on non-repayment of loans, the mortgagee can move on to liquidate the mortgaged property in order to make good of the loan, But in a simple mortgage, there is a personal liability on part of the mortgagor to repay the loan along with the mortgaged property, hence the mortgagee has to option to move against either the mortgagor personally thus obtaining a decree against him or he can move against the mortgaged property to liquidate it for the payment of loan. The presence of a personal covenant is very important in a simple mortgage and that is what distinguishes it from other forms of mortgage. No Delivery of Possession Th . by ere i no delivery of mortgaged property in simple mortgage. The money can be recovered woney decree. A clause to transfer the complete interest of a mortgaged property to the 8DPC~II Semester- IV & VII (75:25) Dr. Dharmesh Mehta mortgagee on non-payment of loans changes the simple mortgage into mortgage with possession. Sale of Property In mortgage, the mortgagor may give the power to sale the property either expressly or impliedly. This basically means that on the event of non-payment of debt, the mortgagee can sell the mongaged property. But even if the contract of mortgage specifically talks about selling the property on non-payment the mortgagee cannot go ahead with the sale of the mortgaged property and has to wait for the intervention of the court to sell the mortgaged property. Adverse Possession A trespasser who removes the mortgagor and takes possession of the land that land can still be legally mortgaged. The trespasser can become the owner of the limited right the mortgagor has over the land mortgaged by him but it does not in any way take away the legal rights of the mortgagee over the mortgaged land in a simple mortgage .Adverse possession is valid only when the mortgagee who has a right over the mortgaged land does not take possession over the land in time and he runs against time which is from the day he gets his right to interest over the mortgaged land. If there is no accrual of rights to possess the land by the mortgagee, his right cannot be taken away by the mere possession of that particular mortgaged land by the adverse claimant. If the mortgage has been declared illegal for being unregistered and the mortgagee has been in possession of that land for more than 12 years then after 12 years, the mortgage becomes valid, Simple mortgage is distinguished from other forms of mortgage by the presence of a personal covenant. In simple mortgage, the mortgagor binds himself personally to the mortgagee to repay the loan and also pledges his property as a security, which can be liquidated on default of payment. But a decree has to be passed by the court to liquidate the security and without the intervention of the court, the security cannot be liquidated. One more characteristic that must be kept in mind that there is only a partial transfer of interest from the mortgagor to the mortgagee on transfer of property. English mortgage Like other property mortgages, an English mortgage is a loan sanctioned against an immovable asset, such as a house or commercial property. It helps increase the borrowing capacity of the applicant. However, the rules governing the payment defaults in the case of an English mortgage are different from conventional mortgages. 99acres helps you understand all about English mortgages.DPC =I Semester- IV & VIII(75:25) Dr. Dharmesh Mehta English mortgage, as defined under Section 58 (e) ofthe Transfer of Property Act, 1882, is & scheme where the lender is entitled to take possession of the mortgaged asset ifthe borower huis to repay the mortgage. Moreover, the lender may also proceed to sell the property legally, In the case of other types of mortgages, the Jender needs to obtain permission from the court to sell the property. Considered to be one of the safest forms of mortgage, an English mortgage is usually preferred by banks and other financial institutions, English mortgage: Salient features There are four basic characteristics of an English mortgage- «The borrower or mortgagor binds to repay the loan on a specific date «The mortgaged property is absolutely transferrable to the lender or mortgagee «The absolute transfer is made on the condition that the lender will re-transfer the mortgaged property to the borrower upon the complete payment of the loan amount + While the possession rights remain with the mortgagee, the mortgagor is allowed to either ‘occupy the property or rent it out. For an English mortgage, you need to have a copy of the loan agreement, along with the mortgage deed. In case there is more than one mortgagee, each one can claim their respective share in the property when it is transferred. In such cases, all the mortgage deeds shall form a part of the loan process. However, the terms and conditions of the deeds can be according to the specific requirements of the pa Drawbacks of an English mortgage ‘The most significant challenge of an English mortgage is the cost involved in the process. As compared to all the other types of mortgages, the costs involved in an English mortgage are higher. Moreover, as the property is first transferred in the name of the lender, and given back to the borrower upon the complete repayment of the loan, the stamp duty and registration charges are paid twice. This eventually increases the borrowing cost for the mortgagor, ‘As apprised by Aradhana Bhansali, Partner, Rajani Associates, “Under an English mortgage, ‘the act allows the lender to sell the mortgaged property, without any judicial interference if 10DPC - II Semester- IV & VIII (75:25) Dr. Dharmesh Mehta the power to sell is expressly embodied in the mortgage deed. This is generally beneficial to a mortgagee in commercial or financial transactions. This advantage, therefore, makes English mortgage popular among the companies and government bodies providing loans/vorking capital against immovable properties as collaterals. However, the mortgagee must fulfil mandatory stipulations to be eligible to sell the property without the intervention of the court. Another drawback of an English mortgage is that it is applicable and confined to a select set, of mortgagors and mortgagees in India.” How is an English mortgage different from a usufructuary mortgage? One of the major differences between a usufructuary mortgage and an English mortgage is that in the case of the former, the mortgagee cannot foreclose or sue for sale. Also, the ‘mortgagee is entitled to receive the rents and profits arising out of the property, with respect to the interest or principal, or both, This amount received is a part of the mortgage repayment scheme, What makes English mortgages popular? As per Section 69 of the Transfer of Property Act, an English mortgage allows for enforcement without intervention from the court in case of a payment default. Also, despite the fact that the transfer is done twice, the majority of State stamp laws have allowed an exemption for re-transfer in the case of an English mortgage. This means that the transaction need not be stamped twice, at the same rate. Mortgage of the property provides the lender with a right to acquire and sell the property in case of default in repayment of either the loan amount or other dues. Therefore, the execution of mortgage documentation is essential. In case there are more than one mortgagee, a ‘Pari Passu’ contract (i.e. a financial document which provides a right to share the specified assets of the borrower among all the lenders of the arrangement) is created in favour of all the lenders. Hence, when opting for a mortgage arrangement, understand the process thoroughly and the additional costs that may come along with it uwDPC—11 Semester- IV & VIII (75:25) Dr. Dharmesh Mehta 1.3 Lease Deed & Leave and License Agreement A Lease Deed is a contract between the lessor (owner of the property) and the lessee (the tenant of the property) for the use of the said property on a lease rental basis. Itis similar to a rent agreement between a landlord and a tenant, but is usually executed for a longer time period- at least more than one year. Unlike a rent agreement in which a tenant pays rent to the landlord to use the property, in a lease deed the lessee buys the lease rights to the lessor’s property as compensation for using the said property. All the financial considerations, terms and conditions, and other renewal terms of the lease, are mentioned in an official document- called *Lease Deed”. In addition, registration of a lease deed is mandatory under Section 17 (D) of the Registration Act, 1908. Lease Deed Details Similar to a rental agreement, there are some basic details that need to be included in a lease deed. Some of these include: 1, Name of the parties: The names of both the parties- the lessor, as well as the lessee needs to be included as mentioned on legal documents. Both the parties must make sure that there is no error, = in.=—snames. «sof —seither. party. 2. Lease Deed Period: This is the total period for which the lessee is allowed to lease the property. This is generally a larger time period, usually more than one year. 3, Lease Consideration: The lease consideration refers to the financial terms associated with the lease contract. This includes the lease amount payable by the lessee to the lessor at regular intervals. (monthly/ quarterly/ —bi-annually/ annually) as __ specified. The Security Deposit paid to the lessor is also to be mentioned in the deed. This amount has to be retumed by the lessor to the lessee at the end of the lease period, 4, Notice Period and Exit Clause: In case the lessor or the lessee feels the need to terminate the lease agreement before the lease period mentioned, they can do so by giving advance notice to the either party. This notice period may vary from one month to several months, or as desired by the lessor or lessee through mutual consideration. It also has the provision to compensate the lessor/ lessee for any loss incurred if the deed is terminated before the mentioned period. 5. Lease Deed Renewal Terms: This includes the terms and conditions for renewing the lease of the property after the mentioned time period. Usually, a renewal fee is charged by the lessor for lease renewal. 2DPC —Il Semester- 1V & VIII (75:25) Dr. Dharmesh Mehta While at most times property leases are automatically renewed, it is at the discretion of the sssee whether to continue with the lease or not. Also, some lease agreements also allow ‘ownership rights of the property to the lessee on payment of appropriate price at the end of the lease period. 6, Sub-Letting Clause: Sub-letting gives the right to the lessor to further lease the property to different parties and collect lease (or rent) from them in exchange. The main lessee may also make a profit from this sub-letting exercise. Lease Deed Format The lease deed format is a standard proforma for executing a lease deed between a Lessor and a Lesse. The Lease Deed format contains the details such as- Name of the Lessor Name of the Lessee Term of Lease Norms of Violation Terms and Conditions Notice Period Details of the Property Market Value of the Property Lease Terms BDPC =I Semester- 1V & VIII (75:25) Dr. Dharmesh Mehta - jicensee, ‘An agreement of leave and license is a contract between the licensor and the Hie i dof whereby the licensor grants the licensee the right to use premises for a specified perio time, The contract is typically for a 11 month period, with an option to renew for another Tt months. Examples of Agreements of Leave and License One common type of leave and license agreement is a vacation rental agreement. This type of agreement is used when someone wants to rent out their property for short-term stays, such as for vacationers or business travellers. The agreement will usually include information on how long the tenant can stay, how much rent they will pay, and any house rules that must be followed.Another type of leave and license agreement is a residential lease. This type of agreement is used when someone wants to rent out their home for a longer period of time, such as for a year or more. The agreement will spell out the terms of the tenancy, including how much rent will be paid, when it is due, and any rules or restrictions on the use of the property. Whatever type of leave and license agreement you are entering into, it is important to read and understand the entire agreement before signing it. Once you have signed an agreement, you are legally bound by the agreement. Benefits of a Leave and License Agreement There are many benefits to signing a leave and license agreement in India, First, it is a relatively simple process that does not require a great deal of paperwork or legwork. Second, the agreement provides clear guidelines and expectations for both parties involved, which can help prevent misunderstandings or disputes down the road, Third, a leave and license agreement can be an excellent way to protect your interests if you are planning to lease ‘commercial property in India. One of the key benefits of a leave and license agreement is that it can help protect your investment. In India, commercial leases are generally for a period of three years or more. A 14DPC II Semester- IV & VIII (75:25) Dr. Dharmesh Mehta leave and license agreement allows you to terminate the lease early if certain conditions are not met, without penalty, This can be helpful if you need to make changes to your business plans or if the property is not suitable for your needs. Common Issues With Leave and License Agreements Renting out property is a common practice in India and the leave and license agreement is the ‘most popular type of agreement used for this purpose. However, there are some common issues that can arise with these agreements. Here are a few of the most common problems: |. Lack of clarity regarding the terms of the agreement: It is important that the terms of the agreement are clear and unambiguous to avoid any confusion or misunderstanding later on. Unfortunately, many leave and license agreements are poorly written and do not adequately address all the important points. This can lead to disputes between the landlord and tenant later on. 2. Incorrect calculation of rent: The rent must be correctly calculated at the beginning of the tenancy. If the landlord overestimates the rent, the tenant may have difficulty paying it. On the other hand, if the landlord underestimates the rent, he/she may not be able to cover their expenses. Either way, this can lead to problems down the road. 3. Lack of maintenance: The property must be properly maintained during the tenancy. This includes regular cleaning, repairs, and painting. If the property is not properly maintained, it will deteriorate over time and may become unsafe for occupancy. The leave and license agreement is a contract between a landlord and tenant that governs the terms of the tenancy. This agreement is typically used in India for residential properties, and it outlines the rights and responsibilities of both parties. It is important to understand. the terms of this agreement before signing it, as it can have a significant impact on your rental experience. 15mester- IV & VIII (75:25) Dr. Dharmesh Mehta Section 118 of Transfer of Property Act, when two persons 1 the ownership of another, neither thing or tion is called an exchange. This definition is, As per provisions contains in mutually transfer the ownership of one thing for both the things being money only, such a transact not restricted to immovable property only. owners mutually agreeto transfer the Thus, exchange implies, when two separate property fe exchange also mean exchange of lands ownership rights by exchanging the property. Further, and barter of goods too. If one of the items that has been transferred in money, then it is not an exchange but sale, because sale should always be for a price, But money in one form can be exchanged for money in another. In case of exchange, the transfer of ownership of one thing is not the price paid or promised to pay, but something else in lieu. For example: if a person transfers a land valued Rs.20,00,000/- to another and in return, the other person transfers a — shop valued Rs.18,00,000/- and pay Rs.2,00,000/- in cash, it is an exchange. This type of exchange transactions can be reduced into writing in the form of Property Exchange Deed. This Exchange Deed document for transfer of property rights need to be registered with the jurisdictional sub Registrar’s Office by paying prescribed stamp duty. While drafting the exchange deed and its registration including the document execution, its presentation and admission utmost care need to be taken, since this is a complex process. Before drafting such complex type deed of transfer, it is very important to ensure that all the necessary requirements for the effective enforcement of such deeds are incorporated which only give legal sanctity to the document. The essential requirements for such deeds are discussed below: Description of the Deed The deed has to specify the description, such as “This Deed of Property Exchange”, which may not necessarily be in bold letters, but is preferable, in order to highlight the nature of the deed. ~ Date of execution It is very important to mention the date of execution of the deed since the same is required to determine the limitation and also for recording of such exchange in the revenue records. Further, the date of execution of the document may vary from the date of registration. However, the documents can be presented for registration, anytime within four months from the date of execution. ° 16DPC —I Semester- IV & VIIL(75:25) Dr. Dharmesh Mehta Parties to the deed ertaini ded to be exchanged All the proper and necessary persons pertaining to the property intended have to be mandatorily made as partes to the deed in order to avoid possible future legal disputes, which may likely to be raised by the parties having interest over the exchanged property. It is also important to properly depict the status of each party to the deed. Recitals ‘The deed shall contain the previous history pertaining to the property in a precise way, explaining the nature of the interest and motive behind the exchange of property, which only authenticate the title, and is called as Recitals in the legal terminology. Covenants A covenant is an agreement wherein either or both the parties to the deed bind themselves to certain terms and conditions, which create an interest over the property, which may either be express or implied. In recent times, with the advent of Apartment culture, it is very necessary to incorporate covenants of various types besides those for maintenance of common areas and facilities in the deed. Testimonium This is the part of the deed which states that the parties have signed the deed. This is very important in order to prove the authentication of the execution of the deed and the necessary involvement of the proper parties having interest in the property in legally conveying to the parties of the other part. Testatum This is the witnessing clause wherein the witnesses signing the deed are introduced, along with their names, address and signature. This clause is also very important for the reason that the witnesses also play an important role to prove the execution of the document. However, it is advisable that both the witnesses are from purchaser / transferee’ side. Operative words This part of the deed depends upon the nature of conveyance. However, operative words Clearly depict the intention of the parties conveying the property in favour of the other parties, which is necessary for transfer of rights over the property. . Parcels a sme Geseription ofthe property following the operative words. Anything intended to identifica ‘assigned has to be specifically mentioned. Every minute detail about the deseripti mae the property has to be clearly incorporated. Any ambiguity about the 'Ption of the schedule property may lead to serious problems. vDPC— I Semester- IV & VIII (75:25) Dr. Dharmesh Mehta it es tions Pascoe aa ra be transferred by way of exchange must not fall within the ambit of thon Tohitited under any statute oF the Government notification. This part of the deed Speaks about the conditions restraining the alienation and assurance that such alienation does not involve anyrestrictions. a Exception refers to some property or definite right which is existing on the date of conveyance and the same would transfer if not expressly excluded. Whereas, Reservation refers to the right which is not existing but created at the time of transfer. Completion of transaction The deed can be enforceable only if the same is properly stamped under Indian Stamp Act. Apart from this, it is also necessary that the same has to be registered under the Indian Registration Act. Only after the registration of such documents, the right, interest and title over the property is validly transferred from thetransferor to the transferee. Execution Execution of the document will be complete only after the parties put their signatures on the deed. However, special care should be taken when any of the deed is signed by the party who is an illiterate or blind or Pardanash in lady. In case any document is signed by some person by putting thumb impression, the documents has to be signed by the person who has taken the same and if any map or plan sketch is annexed to the document, then the same has to be signed by the parties. Possession of property {tis very important that the transferor transfers possession of the property in favour of the transferee. It is not necessary that actual possession has to be handed over to the transferee, but even constructive possession will transfer and create right and interest over the property, jhius the transfer or assignment of righ, ttle and interest over the propery, irrespective of the mature of transfer, entirely depends upon the deed of conveyance. ‘Any ambiguity, inadvertent eddtion or deletion in the deed may give rise to lot of leedl oetine thereby obstructing peaceful possesion and enjoyment ofthe property, Ce 7DPC -Il Semester- IV & VIII (75:25) Dr. Dharmesh Mehta 1.5 Gift Deed A Gift Deed is an important legal document that signifies a transfer of gift as per the provisions of the law from one person to another. Gift Deed is a lawfully binding written document by which the donor can transfer an existing movable/immovable property to the donee voluntarily, as defined in Section 122 of the Transfer of Property Act, 1882.A Gift Deed is lawful only ‘without any consideration’ in return if given out of love and affection, by one family member/ friend to another. It is obligatory to have a registered Gift Deed if you want to transfer immovable property U/s 17 of the Registration Act, 1908. ‘What are the essential clauses in a Gift Deed? You are required to mention certain things in a Gift Deed being a critical legal document, Those are as follows + Clause for Consideration: It should be mentioned in the Gift Deed that there is no exchange of money or any other type of consideration is involved, and the transfer is being made out of love and affection. It will not be considered as a gift if itis relevant to how small the consideration is. + Possession of Property: It would be best if you were the titleholder of that immovable property in your possession, i.e. the property you want to gift. The property must exist while making a gift because you cannot gift anything that you possibly can get in the future, + Free Consent: The transfer should be free from any undue influence, coercion, fear, or threat. The gift should clearly state that transferor has a clear intention of doing so, and the transfer is voluntary. + Property Details: An exhaustive description of the property must be included, which may specify the address, structure, color, location, area, etc. + Details of Donor and Donee: To justify, whether they are blood relatives or not, the relationship between donor and donee is important to note. Some state governments also offer a concession on stamp duty if gifts are made to blood relatives. * Rights and Liabilities: If any additional rights or liabilities are attached under this Clause, it must be declared in the gift deed. Entitlements may include- any rights Concerning the further sale or leasing it supplementarily. . meas of Donee: A distinct indication of Donee rights creates an attached part of the Gift ed. It includes the donee rights to make changes to the property, enjoy the property Peacefully, and get rents or any profits from that gifted property. 19DPC -—I Semester- IV & VIII (75:25) Dr. Dharmesh Mehta Delivery Clause: A delivery clause, which would confirm the delivery of the possession of the property, generally talks about the actions of the transfer “expressly or implied’, Clauses for Revocation: It is advisable to avoid future complications; however, it is not ‘a mandate, The donor and donee both have to agree on this clause, w mentioned, not implied. ‘Who can be a Donor/Donee? ‘Any person who makes the transfer of immovable property is known to be a Donor. Moreover, a donor must be a person who is of sound mind and is competent to agree. Any minor cannot be a donor if the person is not capable of entering into a contract. ‘Any person who accepts the gift/transfer made to him is known to be a Donee. The gift would have to be approved by donee’s guardian on behalf of the donee case donee is a minor by age. A minor after attaining adulthood, can either accept the gift or return it in case of the responsible gift (gift attached with some condi What type of properties ean be gifted? ‘A movable or immovable property A tangible property A transferable property An existing property What are Documents required for Gift Deed registrations? After making sure that your Gift Deed is signed & atested by witnesses, you have to pay the stamp duty and registration charges as per your state regulation : samp ty and re regulations. You need to carry a few * Aadhar Card, ID Proofs, like Driver License, Passport, ete * PAN card of both the parties for the execution of Gift Deed. * Original Gift Deed to be executed + Youwill require two witnesses atthe time of execution of Gift Deed You might need other documents, as this list is not exhaustive. 20DPC - II Semester- IV & VIII (75:25) Dr. Dharmesh Mehta 16 Trust Deeds Understanding how trust deeds work is akin to unravelling the intricate mechanism of a trust. Here’s a step-by-step breakdown to demystify the process: 1. Creation of the Trust When someone decides to establish a trust, they initiate the process by creating it. This involves transferring assets—these can be anything from property to funds—into the trust. These assets essentially become the “trust property” held for specific purposes. 2. Appointment of a Trustee A crucial aspect of the trust’s functioning is the appointment of a trustee. The trustee is an individual or entity entrusted with the responsibility of managing and overseeing the trust property. This includes making decisions about how the assets are invested, utilized, and ultimately distributed Outli ing Rules in the Trust Deed The rules and guidelines governing the trust’s operations are documented in what is known as the trust deed. This legal document acts as the rulebook or constitution of the trust, providing a blueprint for how the trust is to be managed and how its assets are to be handled, 4. Legal Binding of the Trustee Once the trust deed is in place, the trustee becomes legally bound to adhere to the rules outlined within it. This legal obligation ensures that the trustee operates in the best interest of the trust and its beneficiaries. 5. Intended Purpose The core purpose of a trust is typically outlined in the trust deed. This could involve supporting specific beneficiaries, managing assets for the benefit of family members, or contributing to charitable causes. The trustee’s actions are directed toward fulfilling these intended purposes as Specified in the trust deed. 6. Guiding the Trustee The trust deed serves as a guiding document, steering the trustee in making decisions that align With the goals and objectives set forth by the creator of the trust, It acts as a reference point for the ‘trustee, helping them navigate the complexities of managing and distributing assets responsibly. A Closer Look at How Trust Deeds Function Understanding how trust deeds work involves grasping the mechanism of trust. When someone orate frist, they transfer assets into it, appoint a trustee to manage those assets and outline the the trust deed, The trustee is legally bound to follow these rules, ensuring the assets are 7 a5) Dr. Dharmesh Mehta DPC - II Semester- 1V & VIII (7: the trust i te causes. T ed for the intended purposes, such as supporting beneficiaries or charitab) used for the intended purposes, such as supporting so hana copoly deed acts as a guide, steering the trustee in managing and distri Core Components of a Deed of Trust n, It outlines the roles 1 tio ee (trustee). A deed of trust typically includes crucial details about a prop sy uta third arty of three parties: the borrower (trustor), the lender (beneficiary) 1. Borrower (Trustor) 5 operty. In The borrower, or trstor, is the individual or entity taking out the loan to accuire the pre Ee ean the context of a deed of trust, this party is obligated to repay the loan according (9 (¢ OT terms. The trustor’s role is vital as they are essentially the property owner seeking assistance, 2. Lender (Beneficiary) ‘The lender, or beneficiary, is the entity providing the loan to the borrower. ‘They entrust their funds to the borrower with the expectation of repayment, usually with interest, The lender's interest is secured by the property itself, making the deed of trust a form of security for the loan. 3. Trustee The trustee is a neutral third party who holds a crucial role in the deed of trust arrangement. Unlike in a mortgage where the lender directly holds the title, in a deed of trust, the trustee holds the title until the borrower fulfils the loan terms, The trustee is responsible for initiating foreclosure proceedings if the borrower defaults on the loan, acting as a safeguard for the lender's interests. Key Information Included in a Deed of Trust Property Description: The deed of trust includes a detailed description of the property being used as collateral for the loan. This description ensures clarity about the specific real estate involved in the transaction. Loan Amount: The document specifies the amount of money being lent to the borrower. This is a critical element, as it outlines the financial terms of the agreement. Repayment Term fi terms and conditions for repaying the loan are explicitly stated in the leed of trust. This includes the schedule of payments, interest rat a ae pay! (es, and any other relevant details Condi . P onditions for Foreclosure:One of the significant features of'a deed of trust is its provision for foreclos bevels The document outlines the conditions under which the trustee can initiate foreclosure ngs, such as the borrower's failure to meet repayment obligations. 22IV & VIII (75:25) Dr. Dharmesh Mehta DPC ~ II Semester: 1.7 Registration of Documents Registration is the process of recording a document with a recognized officer and to safeguard its original copies. Any document whether binding or non-binding shall be registered in a required manner. Registration of every document is not necessary but doing so affirms the authenticity and helps in avoiding legal process. Many people are not familiar with the concept of registration and hence, do not understand its importance in eyes of law. It is crucial to be familiarized with registration and what it includes to avoid disputes. There are two kinds of registration according to The Registration Act, 1908 namely “Mandatory Registration” and “Optional Registration” which have been explained below. Apart from them, a person going for registration should also know the following:- MANDATORY REGISTRATION Section 17 of the Indian Registration Act, 1908 provides for mandatory registration of certain documents. Those are as follows:~ 1. Gift deed related to an immovable property; 2. Non-testamentary instruments: a purporting to creation, assignment, declaration, extinguishing of any interest in any immovable property worth Rs. 100 and above; b. which acknowledge receipt or payment of any consideration for creation, assignment, declaration or limitation of any right, title or interest; 3. Lease of immovable property for any term exceeding one year or reservation of yearly rent; 4. Contracts for transfer of immovable property for a consideration for purpose of Section 53A of Transfer of Property Act, 1882 is executed on or after the inception of Registration and Other Related Laws (Amendment) Act, 2001 Failing to do so will result in transfer being invalid. OPTIONAL REGISTRATION But not all documents have to be registered. Section 18 provides for optional registration of some documents such as:- (See here) 1. Adoption Deed 2. Instrument relating to shares in joint stock company 3. Debentures issued by joint stock company 4. Will 23DPC ~ HI Semester IV & VIII (75:25) Dr. Dharmesh Mehta Lease of immovable property not exceeding | year Document of a past transaction Power of Attorney with respect o movable property vable property valued below RS: 100 Decree or order of court comprising an imm ee nae Certificate of Sale granted 10. Agreement of Mortgage 11, Promissory note 12, Instrument of partition by Revenue Officer 13, Grant of immovable property by Government WHEN TO REGISTER DOCUMENTS? According to Section 23 of The Registration Act, 1908, all documents except a will have 9 te presented for registration within 4 months from the date of execution. If a document cxcputed by several persons at different times then that document has to be presented for registration and re-registration within 4 months from the date of each execution (Section 24 of The Registration Act, 1908). If due to any urgency or unavoidable accident, any executed document or a copy of decree or order is not presented within 4 months but it is presented after its expiry will be accepted for registration provided that 10 times the amount of registration fees is paid and delay in presentation does not exceed 4 months. WHERE TO REGISTER? In case of documents regarding immovable property, it shall be presented for registration in the office of Sub-Registrar within whose district the property or part of it is located (Section 28 of The Registration Act, 1908). In case of all other documents, they shall be presented:- 1, Inthe office of Sub-Registrar in whose sub-district the document was executed; or 2. In the office of any other Sub-Registrar under State Government where all individuals desire the document to be registered. ie oi authorized to register a document may on a special cause being shown also go to the individual's private residence who desires to present a document for registration ot leposit a will (Section 31 of The Registration Act, 1908). Who can apply for registration? Sccosing to Sesion 32 of The Registration Act, 1908, every document (except in cases of + 88 and 89 of The Registration Act, 1908) shall be presented for registration or 24DPC - Il Semester- IV & VIII (75:25) Dr. Dharmesh Mehta deposited in a proper registration office by:- 1, some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or 2. the representative or assignee of stich a person, or 3. the agent of such a person, representative or assign, duly authorized by power-of- attomey executed and authenticated in the manner hereinafter mentioned. Every person presenting a document for registration shall affix his passport size photograph along with fingerprints to the document. In a case where a document is related to transfer of ownership of immovable property, passport size photographs and fingerprints of all the buyers and sellers mentioned in the document shall be affixed (Section 32A of The Registration Act, 1908). WHAT ARE THE BENEFITS OF REGISTERING DOCUMENTS? Registration of a document gives a more transparent deal. Even if a registered document is lost or damaged, the registration records prove the authenticity of the document. A document stating that a Power of Attorney has been revoked should also be registered so that there is no misuse after revocation. Easy access also helps in finding the owner who has the title and right to the property and whether there is any case against him or an existing liability before someone decides to buy it. Registration also prevents forgeries or fraud in transactions specifically in tax, stamp duty ete. Even though some documents are registered on an optional basis, itis still advised to register them as this will prove the authenticity of the document and set aside any doubts arising because of it 251V & VIIL(75:25)_Dr. Dharmesh Mehta DPC ~II Semestet 1.8 Partnership Aerecment «is an internal business contract that outlines specific business A partnership agreemen! ‘This document helps establish rules for how the practices for the partners of a company: partners will manage business responsibilities, ownership and investments, profits and losses, and company management. While the word partners often r any partners can form a business partnership. fer to two people, in this context there's no limit to how mi Partnership agreements go by different names depending on the state and industry in which they're formed. You might know partnership agreements as: + Articles of Partnership + Business Partnership Agreement * Creation of Partnership Agreement + Formation of Partnership Agreement + General Partnership Agreement + Partnership Contract ‘The three main types of partnership agreements are: * General: In a general partnership, all partners equally share liabilities, profits, and assets, ‘+ Limited: Limited partnerships protect partners who do not contribute capital equally. This way, the partner or partners who contribute the most money or assets earn the ‘most profit and take on the most liability, while partners who contribute less in capital ity. + Limited liability partnerships function much the same as general Partnerships, but give the partners limited personal liability while maintaining equal or assets earn less in profits and carry less lial + Limited shares of the company and its profits. Partnership agreements help establish clear boundaries and expectations regardless of whether your partnership is general, limited, or limited liabil 26DPC ~ Il Semester- IV & VIII (75:25) Dr. Dharmesh Mehta Benefits of a Partnership Agreement Partnership agreements offer a host of benefits to those business owners who create one. A few of the most substantial benefits include: Business outline: The agreement delineates all the elements of the business and how the partners are to manage each, which helps reduce confusion once the business is running. Clear responsibilities: The partnership agreement clearly establishes personal responsibilities for each partner in terms of capital, profits, losses, and liabilities in addition to business management and oversight, Form of mediation: The primary benefit of a partnership agreement is in its ability to forestall future arguments. Since all expectations and responsibilities are outlined, all partners should know what they need to do to fulfill their duties. Potential Consequences When you start your business, the division of labor and resources between partners might seem obvious, so you might not think it's worthwhile to create a partnership agreement. Unfortunately, your business might suffer negative consequences in the future jout one, State law: Every state has different laws governing partnerships. If you don't create an agreement, state law will automatically govern the future of your company in the case of a partner's death or another change to the partnership, regardless of your wishes or iment. Disputes: Disputes regarding the operation of the company could arise in the future With no documentation outlining the goals, responsibilities, and expectations of the partners, the company could suffer. Tax implications: For those limited or limited liability partnerships, without a clear description of each partner's contributions, the state could assume each partner owns the same share of the company and tax them accordingly. 27Pcl Semester- IV & VIIE(75:25) Pre Dharmesh Mehta Elements of a Partnership Agreement Most partnership agreements share some common elements . When you're drafting yours, ensure you include the following categories: + Name: Include the name of your business «Purpose: Explain what your business does. «Partners information: Provide all partner's names and contact information, «Capital contributions: Deseribe the capital (money, assets, tangible items, property, etc.) that each partner provided. + Ownership interest: Offer the specific percentage of the company that each partner owns. «Profit and loss distribution: Explain the percentage of profit and loss assigned to each partner and how the company will distribute revenue. + Management and voting: Outline how the partners will manage the company by delineating individual responsibilities in addition to explaining decision-making and voting between partners. + Adding or removing partners: Create specific guidelines for adding new partners, removing partners who want to leave, and removing partners who don’t want to leave. «Dissolution: Describe how you'll liquidate the business and share out any profits should the company dissolve. + Partnership tax elections: Assign a partnership representative to manage all tax ‘communications. «Death or disability: Provide clear instructions for how each partner's ownership in the company should be liquidated or redistributed in the unlikely event of their death or disability Related Documents Besides your partnership agreement, you might benefit fom producing several oth: ral other ‘contractual business documents to ensure the smooth management of yout your company. + Business Sale Agreement: If you're purchasing your business from someone else, thi fr jeone else, this 285) Dr. Dharmesh Mehta DPC ~ Il Semester- IV & VIII (7: document outlines all the specifics of the sale. Notice of Withdrawal from Partnership: While this document might not get used or won't be used for some time, drafting a notice of withdrawal from partnership at the start of the business ensures all partners know what they'll need to do should they decide to exit the partnership. + Assignment of Partnership Interest: This document outlines how to transfer partnership interest between business partners. ‘+ Partnership Amending Agreement: Use this document to make any changes to the original partnership agreement + Joint Venture Agreement: This document outlines the specifics of how two or more people combined their assets or capital for a joint business venture. + Business Plan: Use this internal document as a comprehensive guide on how the business will run, the specific departments, mission, goals, and more. Partnership agreements are a necessary contract for any professional partnership. They help Protect all partners financially and can ease any potential tensions throughout the life of the business. Consult with a lawyer to ensure your partnership agreement fully covers the elements of a partnership. ‘The Importance of Having a Partnership Agreement Partnership agreements can resolve potential conflicts between partners. Disagreements may arise around issues, such as ownership division, roles and responsibilities, and asset division, without clearly defined terms and conditions. Partners should enter into a formal agreement to ensure that both parties form and manage it correctly while avoiding partner conflicts. Disputes can result in expensive legal proceedings and unnecessary financial losses for all parties when contracts don’t address issues adequately. 291X THE MATTER. ADDRESS = Mobile No. Email ID __..PETITIONER NO. 1 AND NAME: A OCCUPATION : ADDRESS : Mobile No. Email ID ..ePETITIONER NO. 2 Petition For divorce by mutual consent U/s (SPECIFY UNDER WHICH ACT, whether) U/S 13B Of Hindu Marriage Act Or UI/S 28 Of Special Marriage Act Or UIS 10 A Of Divorce Act5 10, + The petitioner above named submits this petition praying to state as follows; 1 That the petitioners were married to each other at... on dated. . according to the rites and customs/ceremonies. Or before the Marriage Registrar .........(Name of City/Town) 2 That the petitioner no. 1 before marriage was.........and petitioner no. 2 was > State the pree marital status of the parties whether bachelor/ spinster/divorcee/ widow/ widower. > Mention the maiden name of the wife. > Mention the religion and domicile of the parties Clearly mention the date since when the parties are staying separately State the number of children. Their names and age/ date of birth and custody. ‘State the details about pending litigation. Under which section,Act, case numberand court. Next date fixed before the competant court. ‘State the details about joint immovable property, if any. CONSENT TERMS The consent terms must include what the parties decided about The permanent alimony, Custody and access of children, Division of property/ execution of any regd document in respect ofimmovable property Exchange of articles/jwellery/utencils etc, Withdrawal of pending litigations, and Any other term to which the parties are consenting) That the petitioners due hereby declare and confirm that this petition preferred bythem is not collusive. That there is no coercion, force, fraud, undue influence, misrepresentation etc. in filing the present petition, and our consent is free. ‘That there is no collusion or connivance between the parties in filing this petition. That this Court has jurisdiction to try and decide this petition as1. 12. 13. Whether the marriage was solemnized at Mumbai. That the parties lastly stayed together at Mumbai The wife is staying at Mumbai. Any other reason supported by document. That the court fee of Rs. 100 is affixed. h ist whereof i ed herewith. The petitioners will rely upon the documents, alist whereof is annexe The petitioners pray that; 2) This Hon'ble court be pleased to dissolve the marriage between the petitioners, solemnized on ...... by the decree of divorce by mutual consent under section .... b) Such other and further reliefs as this Hon'ble Court may deem fit andproper in the nature and circumstances of the case; VERIFICATION years, residing at .......the petitioner I age stated in the foregoing paragraphs of the no. 1 do hereby solemnly declare that what petition istrue to best of my own knowledge and belief save and except for the legal submission. Solemnly Declared at .. On thi (Date) Signature of the pe Advocate the . age years, residing at petitioner no. 2 do hereby solemnly declare that what is stated in the foregoing paragrap! Of thepetition is true to best of my own knowledge and belief save and except for the legal submission, Solemnly Declared at Advocate Onthis....... (Date)ignature of the petitioner no. 2 Documents to be attached > ID proof of both the parties (Copy of Pan Card/ Driving license /Adhar Card / Election Card/ Passport). Marriage proof (Marriage Registration Certificate/ Invitation Card/ Marriage Photograph/Affidavit of blood relative) (Minimum two documents mandatory) Residential proof (Passport/ Adhar Card/ Election Card/ any other permissable document). Additional Documents if required :* > Birth Certificate of minor child. > Registered document for transfer of property > Copy of receipt if articles, jwellery, or utencils are exchanged. 32“TION 125 OF CRIMINAL |AINTENANCE UD 2.2 PETITION FOR PROCEDURE COL 10,596 followers Follow September 27, 2023 Open Immersive Reader IN THE COURT OF PRINCIPAL FAMILY JUDGE AT ___. CASE NO. OF 20_ IN THE MATTER OF: MRS. W PETITIONE RVERSUS MR. H. RESPONDENT 2.2 PETITION FOR MAINTENANCE UNDER SECTION 125 OF CRIMINAL PROCEDURECODE MOST RESPECTFULLY SHOWETH: ‘The Petitioner, above named submits as under: 1, That the Petitioner No. | is legally wedded wife of the Respondent. 2. That marriage of the Petitioner was solemnized with Respondent on. at according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at - After marriage Petitioner No. | started residingat the matrimonial home. Certified copy of the extract from the concerned register is attached herewith as Annexure A. 2. That for about four years, relation between Petitioner No. 1 and her husband Respondent were ordeal, but thereafter the Respondent started treating her withcruelty, 3. That on, the respondent turned out the Petitioner from the matrimonialhome and since then she has been compelled to live at her parental house. 334, That the respondent has never sent any money to the petitioner to meet her expensesand expenses of the minor child. 5. That the petitioner having no source of income is unable to maintain herself and thechild. 6. That the Respondent is a Government Employee and earning Rs. 55,000/- per monthNet Salary 7. That the Respondent has no other liability, while the Petitioner is dependent uponhim for her day to day expenses. 8. That the Petitioner is accordingly entitled to claim maintenance to meet her day today expenses. 9. That this Court has the jurisdiction to entertain and try this petition as marriage between petitioner and the respondent was solemnized here and the petitioners areliving within the Jurisdiction of this Court. 10. In the facts and circumstances of case mentioned herein above this Hon'ble Courtmay graciously be pleased PRAYER That the Petitioner, therefore, prays: a) the Respondent be directed to pay monthly allowance of Rs. 17500/- by way of Maintenance; and b) Any other relief or reliefs which the court may deem proper under the circumstancesbe also awarded to the petitioner. PETITIONER THROUGH __., Advocate Place : Date: VERIFICATION 1, W, the Petitioner, state on solemn affirmation that whatever contained in paragraphs to Para No. of the Petition is true to my own knowledge and that whatever contained in paragraphs No_to Para No. is based on information received and believed to be true to me. Signed and verified this, day of 20 at__ PETITIONER 34 Format of affidavit to be filed in Support of Petition for Maintenance underSection 125 of cree IN THE COURT OF PRINCIPAL FAMILY JUDGE AT __CASE NO., OF 20_ IN THE MATTER OF: MRS. W PETITIONE RVERSUS: MRS, H RESPONDEN TAFFIDAVIT I, Mr. / Ms. aged. years, Occupation____the Petitioner do solemnly affirm and say as follows: 1. That I am the Petitioner in the accompanying Petitioner under Section 125 of CrPCand well acquainted with the facts of the case 2. That I have gone through the contents of the accompanying Petition, I reaffirm thecontents of the Petition, which are not being repeated here, for the sake of brevity. 3. That the Petitioner has not remarried and has not been guilty of any conduct disentitling her to receive maintenance from the Respondent. 4, That the Petitioner does not own any movable or immovable property and has alsono source of income. Signed at this day of. 20_ DEPONENT VERIFICATIO N 1____the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has beenconcealed or falsely stated therein. Signed and verified this, day of. 20. at DEPONENT 352.3 Format of Application for Child Custody- IN THE COURT OF Ns, PETITION U/S___OF THE Application under section, of the, for grant of custody of the children to the applicant /petitioner RESPECTFULLY SHOWETH: 1- That the above noted petition is pending before this Hon’ble court and is fixed for 2. That the petitioner was married with the respondent on_and out of the said wedlock___sons namely___aged about____years and___aged about____years were born. 3- That on_____the father of the respondent came to the house of the respondent with him alongwith both the minor children to her parental house and since then the respondent alongwith the minor children is living at her parental house. Then after a petition U/s_C.P.C. was filed by the respondent herself and on behalf of both the minor children and she is getting maintenance for herself and for the minor children from the applicant /petitioner. However the respondent alongwith both the minor children came to the house of the petitioner on ____and started living with the petitioner. On_both the children got admission for their education in_and the petitioner ‘was providing all the facilities to the respondent and both the children of theirlivelihood, education etc. but after some the respondent again left her matrimonial house in the month of, Inspite of that the respondent charged the amount of maintenance of herself and for both the children from the petitioner and she is still getting the maintenance allowances from the petitioner/applicant. 4- That the atmosphere of family of the petitioner is better than the family of the respondent and the petitioner has good reputation in the society. The applicant petitioner is fully competent person who can provide the proper higher education, canproperly take care and look after both the children, manage to provide good atmosphereand to provide the good atmosphere to their minor children. 5- That in these circumstances the custody of the children is liable to be given to the petitioner Japplicant who is the natural guardian, next friend and father of both the minorchildren, PRAYER, {tis therefore, prayed that the application of the applicant/petitioner may kindly be accepted and the respondent may kindly be directed to handover both the minors children namely_to the applicant /petitioner in the interest of justice. Dated APPLICANTIPETITIONER, Slo__Rlo, Through counsel, Advocate, 36hts under 5.9 of BE Hindu ion for Restitution of Conjugal Ri Marriage Act 1985 AB .sssPetitioner (full name and address) versus WB espondent (full name and address) The humble petition of Sri AB of 1. That a marriage was solemnised between the parties on... with. An affidavit, duly attestedas the (An extract from the Hindu Marriage Register is filed here case may be). 2. That the status and place of residence of the parties to the marriage before themarriage and at the time of filing the petition were and are as follows: Husband Wife Status / Place of residence Status / Place of residence (1) Before marriage (2) After marriage (Whether a party is a Hindu by religion or not is a part of his or her status) 3. In this paragraph particulars and places of cohabitation of the parties as husband andwife and the children from the masriage, if any, should be given. The date and place of birth and name and sex of each child and the fact whether he/she/they/is/are alive/deadshould also be stated. : ‘That on day of... the respondent, without reasonable excuse and with a view to break the matrimonial home withdrew from the society of the petitioner(cause of theestrangemet ‘nown to the petitioner may be stated). 37 5. That this petition is not presented in collusion with the respondent. 6. There has not been any unnecessary or improper delay in filing this petition.7. There is no legal ground why relief should not be granted 8. There has not been any previous proceeding with regard to the marriage by or onbehalf of any party. Or There have been the following previous proceedings with regard to the marriageby or on behalf of the parties but the bar of res judicata does not apply. 9. The marriage was solemnised at........0n..........The husband and wife live at... The husband and wife last resided together within the local limits of the ordinary originalcivil jurisdiction of this court 10. The petitioner prays for a decree for restitution of conjugal rights against the respondent. Sd/- Petitioner Verification years residing at.. do hereby solemnly affirm and I, AB son of... say as follows: .-aged about. Lam the petitioner above-named and I know and I have made myself acquainted withthe facts and circumstances of this case. The statements in paragraphs 1 to 10 are true to my knowledge and belief, at the Court | sign this verification on this.......day of.. House at. Before me Notary Signature of AB Signature of Advocate 38TY OF IAGE. 2.5 PETITION FOR A DECREE OF NULLITY OF MARR! IN THE DISTRICT COURT AT. Petitioner versus . Respondent : ¢ Act, 1955 Petition for a decree of nullity of marriage under Section 11 of the Hindu Marriags (No. 25 of 1955). ‘The petitioner prays as follows: — jindu 1. A marriage was solemnized between the parties after the commencement etter Marriage Act on... at. certified extract from the Hindu Marriage Register/affidavit duly attested is filed herewith, 2. The status and place of residence of the parties to the marriage before the marriageand at the time of filing the petition were as follows: Husband Wife Status Status Age Age Place of Residence Place of Residence (i) Before marriage (ii) At the time of filing the petition [Whether a party is @ Hindu by religion or not is a part of his or her status, 3 [In this paragraph particulars and place(s) of co-habitation as husband and wife andthe children from the marriage, if any, may be given. The date and place of birth and name and sex of each child and the fact whether alive or dead should also be stated] 4. The respondent has a spouse livin Or ‘The parties are within the de; each of them which permits should be given), g at the time of the marriage (State full particulars) srees of prohibited relationship and there is no custom orusage gove of a marriage between the two. (Exact relationship between the parti Or ‘The parties are sapindas of each other and there is no custom or usage governing eachof them whPermits of a marraige between the two. (Exact relationship between the parties should be specified). (One of more of the above grounds may be pleaded and portions which are not applicable should be scored out. Facts on which the claim to relief is founded should bestarr as distinetly as the nature of the case permits, The Matrimonial offences chargedshould be set in separate Paragraph with times and places of their alleged commission). 5 There has not been any unnecessary or improper delay in filing the petition, 6. There is no other legal ground why relief should not be granted 7. There has not been any previous proceedings with regard to the marriage by or onbehalf of any party Or dpete have been the following previous proceedings with regard to the marriage by oron behalf of the parties: — Serial No. Name of Parties Name of Proceedings with section of the Act Number and date and year of the case Name and location of the court 8. The marriage was solemnized/reside/parties. -ennwithin the local limits of the ordinary orieinal last resided civil jurisdiction of this Court 9. The petitioner, therefore, prays that the marriage Solemnized between the partiesbeing null and void may be so declared by the Court by a decree of nullity Petitioner VERIFICATION The abovenamed petitioner states on solemn affirmation that Paras, . to ~~ ofthe petition are true to the best ofthe petitioner's information and belief. Verified 09 this..cssue day of, 19. Place Petitioners of business structures through lling to be partners are required ea partnership firm is an old nership firm are two types nimum of two persons wil t, whilk A Limited Liability Partnership (LLP) and a pa ich partners can carry out their business. Ap to establish an LLP or a partnership firm. LLP is a new concep concept, Liability Partnership (LLP) Act ‘an Partnership Act since 1932. for its establishment, it The concept of LLP was introduced in 2008 through the Limited L However, partnerships in India have been established under the Indi . Though an LLP and partnership firm requires a partnership between two parties has many differences, ited Liability Partnership (LLP) An LLP is a corporate business form that provides the benefits of a partnership firm and a company. It is a hybrid between a company and a partnership firm as it incorporates properties of both structures. An LLP has a separate legal entity in the eyes of the law, and it is liable for the full extent of its assets Partner's liability is limited to their contribution to the LLP. Partners of an LLP are responsible only for their own actions. The LLP enables professionals, entrepreneurs, and enterprises engaged in scientific and technical disciplines or providing services of any kind to form commercially efficient vehicles suited to their requirements, Establishing an LLP is suitable for small and medium enterprises due to its structural and ing investment from venture capitalists. operational flexibility and obtai Partnership Firm A partnership firm is very popular in India and is one of the oldest forms of business structure. It is easy to establish a partnership firm as it needs to comply with a minimum set of rules and regulations. A partnership means an agreement between two or more persons who pool their capital and resources to contribute to the business and agree to share the business profits. The partnership firm is established when all the partners/individuals enter into a partnership agreemenvdced and run business under the partnership firm name. The registration of a partnership firm is not mandatory. The law recognises the partnershi when it is not formally registered, and all the firm partners are responsible for a eaten third : 0 thir parties by the firm. 413.2 Petition for winding up of company. Regulation 86. IN THE MATTER OF .. «(Debtor or insolvent) AND IN THE MATTER OF THE INSOLVENCY ACT 2011 PETITION FOR WINDING UP A COMPANY. The humble petition of. (insert full name, title, etc. of petitioner) states as follows— Co. Ltd. (hereafter called “the company”) was on the incorporated. 1. The, day of, 2. The registered office of the company is at 3. The nominal capital of the company is, shillings divided into shares of ———_Rs. each. The amount of the capital paid up or credited as paid up is__Rs. A. The objects for which the company was established are as follows— To, and other objects set forthin the memorandum of association of the company. 5. The company is indebted to your petitioner in the sum of. Rupees(state consideration for the debt, with particulars, so as to establish that the debt claimed isdue). 6. Your petitioner served a statutory demand on the company for payment of his or her debt on the day of. 20_, but the company has failed and neglected to pay the debt or any part of the debt or comply with the statutorydemand. 7. To the best of my knowledge and belief there is no application to set it aside pendingbefore this Honourable court or any other court;. 8. The petitioner obtained a judgment or order of court against the debtor and execution has been returned unsatisfied (state particulars relating to the judgment ororder).. 9. The company is (insolvent and) unable to pay its debts. 10. (Statement of assets where necessary). Your petitioner therefore humbly prays that — (a) the company may be wound up by the court; or (b) the court makes an order for the liquidation of the company. AND makes such orders as may be necessary and just in the premises. 423.3 Notice of Annual General Meeting ABC PRIVATE LIMITED Registered Office: XX, Address Line 1, Address Line 2, City, State - Pincode NOTICE NOTICE is hereby given that the Sth Annual General Meeting of the Members of ABC Limited will be held on Monday, the 15th, August, Year at 10:00AM at the registered office of the company at XX, Address Line 1, Address Line 2, City, State - Pincode, to transact the following business: ORDINARY BUSINESS: 1. To receive consider and adopt the audited Balance Sheet as at 31st March, Year, the Profit & Loss Account for the year ended on that date and the reports of the Auditors and Directors thereon. 2. To appoint Auditors of the Company and to fix their remuneration. The retiring Auditors Mis. XYZ & Co., Chartered Accountants are eligible for re-appointment. Place: Date: By Order of the Board, Director / Company Secretary 433.4 Legal Notice for Defective Goods. Regd AD/Speed Post/BY Hand Date To, Mis Address (Give here the name and address of the seller, service provider) Sub: Notice against defective goods/deficiency of services by you. ‘The undersigned is a consumer as defined under Consumer Protection Act-1986 as we have purchased the(goods/services) from you vide your receipt dated ‘by paying an amount of Rs——____ The said product/service is not up to the mark due to the following defect: The above said act on your part has caused us great loss and damage besides mental tension, trauma and inconvenience and loss of value of money. You are hereby asked to replace/refund the said goods/services immediately within one week of receipt of this notice failing which the undersigned shall be free to launch legalproceedings against your act of unfair trade practice and deficiency of services and shall seek the refund the amount already paid to you with interest and damages for which you shall be liable. This consumer notice may be treated as the last and final communication on the issue as I have already suffereda lot due to your deficiency. Thanking you, Yours truly, Name IMPORTANT TIPS ON CONSUMER NOTIC! 1) Consumer notice should be sent through registered post only either Registered AD or Speed Post and the proof of dispatch, receipt should be retained for future references and proof. 2) The name and address of the service provider as mentioned on the receipt should be clearly mentioned while sending the consumer notice. 3) The name and address of the consumer should also be mentioned specifically on the consumer notice, 4) If the service provider has a website, portal and complaint section, please register the same content on the said portal as well. 5) Consumer notice can be issued against defective goods, non-providing of services as well. 44orporate bodies like a private limited_ vslution process of a corporate debtor (CIRP), Licensed insolvency professionals would vrvision of adjudicating authority. In this in detail, Resolutio ; orate persons deals with the im Insolvency of corporat ns dea wih y of limited company, This ne fs known as the corporate insolvency resolution ae ie execute the process for insolvency resolution un ler apni orfcle, we look at the corporate insolvency resolution P ee ee itth is inefficient to settle its debts f0 the creditors. There are ‘A company is declared insolvent if the company two ways to evaluate the corporate insolvency: se unable to pa aoe aaa ye testis the company currently or in the future, be unable 0 P for payment. y its debts when they fall due its liabilities, taking “The balance sheet test isthe value ofthe company's assets less than the number of its li s. into account future liabil Corporate Insolvency Resolution Process (CIRP) eeomies Corporate Insolvency Resolution Process is a recovery s ineclvent financial creditor, an operational creditor, or the corporate itself may initiate CIRP. ‘After making an application then CIRD is initiated. CIRP is the process through which it is determine ‘Mhether the pervon wo has defaulted is capable of repayment or not (IRPs will evaluate the assets and fiablities to determine the repayment capability) Ifa person is not capable of repaying the debt the company is restructured or liquidated. mechanism for creditors. [f'a corporate b Financial Creditor Financial creditor refers to any person to whom a business debt is owned or a person to whom such amount is legally assigned or transmitted. Banks or other financial institutions are examples of financial creditors. Operational Creditor Operational creditor refers to a person to whom an operational debt is owed and includes any person to whom such amount has been legally assigned or transferred for goods or services done by them. Vendors and suppliers, employees, government ete. are examples of operational creditors. - Documents Required for Financial Creditor The prescribed documents are to be submitted along with the application form + A record of the default recorded with the information utili of default. ‘+ The name of the resolution professional proposed to act as an int + Any other information as may be specified by the board, ty or such other document or evidence rim resolution professional Documents Required for Operational Creditor The following documents are to be furnished at the ti ime of making the applicati plication form, + A copy of invoice demanding payment or de y . lemand : the corporate debtor. novice delivered by the operat + Anaffidavit stating that there is no notice given by the onal creditor © the outstanding operational debt. Corporate‘A copy of the certification from the financial institutions maintaining accounts of the operational creditor confirming that there is no payment of an unpaid operational debt by the corporate debtor, if available. + A copy of any report with information utility confirming that there is no payment of an unpaid operational debt by the corporate debtor, if available. + Any other proof is confirming that there is no payment of an unpaid operational debt by the corporate debtor or such additional information, as may be prescribed by the central government, Documents Required for Corporate Debtor The following documents are to be furnished at the time of making the application form. + The information is representing its books of account and such other documents for such period as may be specified by the Board. + The information representing the resolution professional proposed to appointed as an interim resolution professional, + The special resolution is given by shareholders of the corporate debtor or the resolution adopted by at least three-fourths of the total number of partners of the corporate debtor, as the case may be, approving the filing of the application, How to Apply for CIRP? The following is the processes for resolution or liquidation of corporate which are as follows : Step 1: Application To The NCLT A creditor of a corporate (financial or operational), or the company, can request to the NCLT (National Company Law Tribunal). It is used to admit that the company enters the CIRP (Corporate Insolvency Resolution Process). For this, creditors must show the failure of payment of a debt which is more than one Lakh rupees, and the NCLT has to pass an order either admitting or denying the application within 14 days, The financial and an operational creditor have to satisfy separate requirements when making their requests before the NCLT. A financial creditor needs to furnish the report of the default, ‘The IBC(Insolvency and Bankruptey Code, 2016) creates a new class of record keepers known as Information Utilities. Then the operational creditor needs first to make a demand for his unpaid debt. By an ongoing dispute, it is open to the corporate debtor to defend the claim. Step 2: Appointment of Interim insolvency Resolution Professional When a corporate debtor is accepted into the CIRP (Corporate Insolvency Resolution Process), it checks the board of directors. Further, the management is placed under an independent “interim resolution Professional”. From this and till the end of the CIRP (Corporate Insolvency Resolution Process), the ‘management ceases to have any control over the activities of the company.Step 3: Moratorium Moreover, a moratorium takes part which prohibits the following: + Continuing or beginning of any legal matters on the corporate debtor + Transfer of its assets + Execution of security interest + Recovery of property as an owner . + Discontinuing or termination of the supply of basic goods and services, the corporate debtor is in CIRP process. the moratorium lasts till Step 4: Verification and analysis of claims Now, the interim resolution professional will summon, verify claims made by the corporate debtor's creditors also, list them. After that, in 30 days of the acceptance into CIRP (Corporate Insolvency Resolution Process), from the COC (Committee of Creditors), comprising all the financial creditors of the corporate debtor. Step 5: Appointment of the resolution professional The COC (Committee of Creditors) appoints an independent person to operate as the “resolution professional” for the remainder of the CIRP (Corporate Insolvency Resolution Process). The resolution professional will be the same person or the same person as the interim resolution professional depending upon COC. Step 6: Acceptance of the Resolution Plan A resolution plan for the restructuring of the corporate must be approved within 180 days from the commencement of CIRP by creditors. Al person, management, the creditors, or a third party can propose such a resolution plan. It is the duly of resolution professional to check that the plan satisfies the criteria set up in the 1BC(Insolvency Bankruptcy Code, 2016). (Insolvency and Ifa plan is accepted within this period and is sanctioned by the NCLT. The approval ofthe resolution plan when it meets the conditions binding on the cor employees, members, creditors, guarantors and other stakeholder involved in the rene eto an is resolution professional is required to obtain necessary approvals required under any lane gute Plan. The n force within one-year from the date of approval by adjudicating authority, or the time being If no resolution plan is accepted in this period If the resolution plan is claimed, then NCLT is obliged to order the liquigat; Upon approval of liquidation, COC appoints the liquidator to sell the sedation Of the corporate debtor share them among the stakeholders. S of the corporate debtor and4.1 Will & Codicil A will is @ very important basie document in the whole conspectus of inheritance. The importance of a willis often undermined or ignored by individuals and they therefore shy away from making a will, probably in the belief that things and situations have the inbuilt ability to resolve themselves. The consequences of a person dying intestate are many. The first one is that in such a situation, the estate is in a state of flux. Secondly that there could be a danger of some document purporting to be a will being produced, which could Iead to a lengthy court battle, ultimately having the effect of siphoning off the estate and or depletion of the estate, into whomsoever's hands it ultimately reaches. Thirdly and most importantly, the person who was to make the will ie. the prospective testator has lost the legal but voluntary right and to distribute his estate by a will, to whomsoever he chose to, within the bounds of the law and therefore the consequence being that in the case of an intestate, the law takes over and the distribution therefore takes place as per the law applicable to the deceased. | In preparing a will for an individual, the lawyer, or adviser has to keep certain aspects in mind. India is a country where in cases of marriage and succession personal laws have primacy. They are, so to say, intertwined. The lawyer must therefore be mindful of that fact. The reason for this is that if, say a will is to be prepared for a person following a particular religion and governed by a particular personal law, the personal law of the person must be kept in mind while drafting the . If this is not done, the bequests in the will or part thereof are in danger of being set at naught by legal process. To illustrate, if the will is that of a Hindu, and if such Hindu has an interest in co-parcenery property, the will can validly dispose off his interest in the property. This much is evident from a reading of section 30 of the Hindu Succession Act. The rider here being that such person cannot dispose off the whole of the co-parcenery property, but only that much over which he or she has a right. By this, it means that a coparcener can deal with his probable share and not a specific property or properties of the coparcenary, for a person cannot dispose off what does not belong to him. A will indicates how and in what proportion and manner, an estate is to be distributed. It tells the executors appointed under the will as to act as per the bequests in the will to carry out the wishes of the testator. Wills fall within the realm of what can be called private voluntary legislation A Will is the legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death. In other words, a Will or a Testament means @ document made by person whereby he deals with disposition of his property, but such disposition obviously comes into effect upon the death of the testator. WHAT IS A CODICIL? Codicil is an instrument made in relation to a Will, explaining, altering or adding to its dispositions and is deemed to be a part of the Will. A codicil is used to make alterations to the will. An important caveat hete. A testator can choose to either execute a codicil or may execute a new will altogether, but must Clearly indicate in the new will that the former will or wills executed earlier are cancelled . WHO IS AN EXECUTOR OF A WILL ? Executor is the legal representative for all purposes of a deceased Person (testator) and all the property of, 8 testator vests in him or her until the property is divided and distributed amon i gst the heirs and oth Persons to whom it has been bequeathed. 48 alSTATOR? WHAT ARE THEIR DUTIES? WHOIS ATI uty of the testator to deal with the directions r s a pers i cuting it. Itis the du Testator is a person making a Will and executing Fa yay or may not Be one of the in the will and distribute the estate according to the bequests. beneficiaries under the will. Beneficiary or Legatee is a person who stands to inherit property under @ will. Probate is a copy of the Will, certified under the seal of a competent Court WHAT ARE THE ESSENTIAL CHARACTERISTICS OF A WILL? Legal Declaration : ‘The document purporting to be a Will or a testament must be legal, ie. in conformity with the law and must be executed by a person legally competent to make it. Legal competency encompasses a person who is not a minor, who js of sound mind and the will must be Fen tam ond, soureion or-undue influence. ‘This laa. Indludes the ality of tne tesiaian to SeeaS Tar, which for obvious reasons can only be limited to disposition of property owned by the testator and property as regards which he or she is competent to dispose off. Disposition of Property : The declaration should relate to disposition of the property of the person making the Will. If the document docs not purport to clearly distribute the testators property in a particular manner, it may not be Considered asa will. The recitals as regards disposition of property must therefore be made with unimpeachable clarity. DEATH OF THE TESTATOR: “The declaration as regards the disposal of the property must be intended to take effect after his death. One may wonder as to why something as obvious as this ought to be stated. Here, I would like to quote an ey al incident that happened. An individual once approached us, with the object of disposition of property during his lifetime. He sad thatthe prospective purchaser had drafted a document and he wanted rere cead it, { read the document, but stopped midway because what I held in my hand was not @ Yocument of sale which was to transfer the property to the prospective purchaser, but was a will a mentioned that the property was bequeathed to the purchaser on the testator’s death! I had to tell ele that “if you intend to transfer the property now, an irreversible event must happen, and on! fatale property vest inthe other person’. My client enquired what event? And I had to inform hi on alae Property ves! in Mable event of every one’s life. Death. The client obviously did not go through with tre transaction. This is quoted here just to demonstrate that a will comes into operation rough with the testator. on death of the If any legal precedent is required for the above , the decision of the Supreme Court i Industries Pvt, Lid. v. State of Haryana AIR 2012 SUPREME COURT 206 will suffi pea amar hold that immovable property cannot be transferred by a Will amongst other modes als Sere oes Jadement The Supreme Court was obviously stating there that an immediate tore en fe ‘contemplated except by a sale deed of immovable property, Obviously , immoy; fF fe transfer cannot be be dealt with by mentioning it as a bequest in a will, where it is genuinel Gad the legatee but not otherwise as has been held by the Court. 49 movable property can validl) 'Y Intended to be bequeathed (0RECOVACBILITY: Every Will is revocable during the lifetime of the testator. Language of a Will: A Will can be written in any language and no legal words need to be used in a Will, however the words used should be lucid and unambiguous so that the intention of the testator is reflected in the Will. Attestation : A Will must be attested by two witnesses who must witness the testator executing the W i ‘The witnesses should sign in the presence of each other and in the presence of the testator. This is to avoid any controversy as regards execution of the will. The witnesses need not know the contents of the will Only that what they are attesting to is the testator signing the will in their presence, REGISTRATION OF A WILL. ‘The registration of a document provides evidence that the proper parties had appeared before the Registrar that the Registrar had attested the same after ascertaining their identity. In India, the registration of Wills is not compulsory even ifit relates to immovable property The non-registration of a Will does not lead to any inference against the genuineness of a Will. In other Words, registration therefore does not give any special sanctity to the Will though registration of the Will by the testator himself evidences the genuineness of the Will Whether registered or not, a Will must be proved as duly and validly executed, in case a dispute arises, as required by the Indian Succession Act. Once a Will is registered, it is consigned to the safe custody of the Registrar and therefore cannot be dealt with in any manner ,say, it cannot be tampered with or destroyed. And is cases where the genuineness is sought to be impeached, the will can be called for from the Registrars custody. PROCEDURE FOR REGISTRATION OF WILL: A Willis to be registered with the registrar/sub-registrar where a registration fee would have to be paid as Per the law of the state. The testator must normally be personally present at the registrar's office along with witnesses at the time of registration. REVOCATION AND AMENDMENT OF A WILL: ‘A Will can either be revoked, or altered by the testator at any time when he is competent to dispose of his Property. A person can revoke, change or alter his Will by executing a new Will, revoking the earlier Wil, registering the new Will (if the old Will is registered), destroying the old Will or by making a codicil. There is a difference here. On the marriage of a Parsi or a Christian testator, his/her Will starde revoked, this however will not apply to Hindus, Sikhs, Buddhists or Jains. PROBATE AND LETTERS OF ADMINISTRATION: A Probate means a copy of the Will, certified under the seal of a competent Court with a grant of administration of the estate to the executors of the testator, in order that it may be dealt with, 1 is the official permission and evidence of an executor’s authority. A probate is mandatory when the Will is executed by a Hindu, Christian or Parsi in the cities of Mumbai, Calcutta or Chennai, ot pertains to immovable property situated in those cities, {hat is evident from a reading of section 57 of the Succession Act,1925 and as explained by the Supreme Court in Clarence Pais v. Union of India AIR 2001 Supreme Court 115] 50EFFECT OF GRANT OF PROBATE: A probate granted by a competent court is conclusive evidence of the validity of a Will until it is revoked and no evidence can be admitted to impeach it except in a proceeding to revoke the probate. years However, it only establishes the legal character of the executor and in no way decides the erie « qrastence of the property devised. The grant of the probate decides only the genuineness of the i] and the executor’s right to represent the estate. It is conclusive evidence of the testamentary capacity of the Person who made the Will and as to the genuineness of the Will and appointment of the executors. as to the genuineness of the Will and appointment of the executors. ; {tis well settled law that the functions of a probate Court are to see that the Will executed by the testator as actually executed by him in a sound state of mind without coercion or undue inference and the same was duly attested. The Court cannot , therefore, determine whether testator had or had not the authority to dispose of the suit properties which he purported to have bequeathed by his Will. | The probate Court is also not competent to determine the question of title to the suit properties nor will it go into the question whether the suit properties bequeathed by the Will were joint ancestral properties or acquired properties of the testator. A suit is therefore maintainable challenging the will even though Probate has been granted, as was held in Kamwarjit Singh Dhillon v. Hardyal Singh Dhillon AIR 2008 Supreme Court 306 IMPORTANT POINTS TO BE NOTED DURING THE MAKING OF A WILL: What is to be taken care of while drafting a will. Obviously the properties both movable and immovable Of the testator are to be detailed. Their disposition is to be directed. But the more practical aspects are also equally important. If the will is to be registered that a copy will be available with the registrar therefore taking care of it’s Probable authenticity. But if it is not registered, the original or a copy must be given to a trusted person say the testators lawyer or his immediate family member or members for safe keeping. This will depend upon the testator as per his wishes. Also, the family members must be made aware of the location of document movable properties including insurance policies. which can help if a person is incapacitated duc to a medical situation or otherwise is unable to manage his or her affairs. This assumes significance ne cen today in India the concept of what is popularly known as a Living Will isnot very much in vows and Yet to receive legal sanction qua properties in case of the testator being incapacitated, But the ‘Supreme Court has in March 2018 in the * Common Cause’ judgment recognised that a person in a send cence mind ean make a Living Will qua his or her destes as egards the right to life and to medical teats oe otherwiseonly. its of immovable as well as SI4.2 APPLICATION | . tevanpneny | FORM LEGALHEIR (Please paste court fee tame CERTIFICATE ioneemsatisinentensinateeecnaneneel eT Te eee Letter No.* Letter Date® Issuing Department® I Designation of Issuing Authority* | rAddress® | Purpose* Soot anaianeneee eee eee el Ay pplicant’s Name" Relation With Deceased | Father’s/ Husband's Name*™ Date of Birth™ Gender*— Male remaid] iransgenaer! Aadhaat No Mobile No* ah = E-mail* ry House No/ Father Sector/ Vilage" | Tehsil /Sub-Distric™ a State/UT* reer 7 feces TL Eeeeeenneneesenasennsiosanmnd Name of Deceased* Father's/ Husband's Name* _| Designation* ‘Aadhaar No waniied Gender* Male | Female] [Transgender farried_| Rareor Dae [Female] [Transe Marital Status" i [Divorced Buddhism Hinduism | Mother's life Status* Oo veceasea . Jainism Christianity | Father’ ife Status o veceasea Religion Islam Sikhism Husband’s/ Wife’s Status® Deceased Others [Please Specify) House No / Flat No * - ‘Sector /Village™ - Tehsil /Sub-District™ Chandigarh District™ Chandigarh State/UT* ‘Chandigarh Pin Code™ LCRA TS ci Qe oe i = Raawee” Src z Name ee ee Zug 2 & | . 4 7 L $eli-Underating ’ ‘Son/Daughter of Sh. aged resident of | verity and | Geclare that the information given above and in the enclosed documents is true to the best of my knowledge and beliet and nothing has been concealed therein. | am well aware of the fact that if the information and document given by me is proved to be incorrect/not true, | shall be liable for Prosecution under section 177 & 191 of the indian Penal Code, which stipulates imprisonment and fine. | pate Photograph of the | person applying for the certificate with | cross signature) Signature.Name ut ross signature on photograph and undertaking the appli Document Required while Applying (Please check against the document being provided while applying) Applicant has to bring original documents for verification and scanning at Sampark be rejected 1 Court fee of 257 2__self-undertaking/affidavit 3__Letter from the Govt. Department of deceased employee to obtain Legal Heir Certificate from OC office Identity Proof of Applicant 'S__ Residence proofs ofall Legal Heir {6 _ Date of Birth proofs ofall Legal Heir 7 e 9 oo8 job Death Certificate of deceased employee in original Death Certificate of deceased direct legal heir in orginallf required) Residence Certificate of the deceased L Date: enon Signature Name Undertaking from Sampark Operator It is hereby certified that the original documents as specified in the above checklist have been personallyspen by me and the same fave been uploadefJn the online application ' Q o at fm og S40 BE eT “og a ame Documentary Proof of Address | Documentary Proof of entity | Documentary Proof of Date of Birth | © sport 4 tecionconmison Pht Dcad © bith cerfate issued ty a Manca! © Telephone (8SNL landline or post-palé mobile | ® Aadhsar Card / E-Aadhaar letter issued by | Authority oF any office authorized to issue bi on the Name of Appicant {overnment afin Birth and Oeath Cerificate by the Registrar of ‘ Mé oe Births & Deaths ‘© ection Commission Photo 10 cs © rng cense : Schoo! leaving certificate / Secondary Schoo! © Aoplcant'sexrentand validation ard Passport leaving certicate/ Certificate of Recognized 4 Aadhaar Card / EAaahaae leer issued by | #Arnsticense wih Photo rah eee government ng © cereal Government Heath Scheme Card or | 290iant or anyother recognized educational “eagitered Rent Agreement (for 2 period of | fxcservcemen Conmbutory Heath Scheme | _nsttuion ‘more than one yea photocars Siac © oto Passbock of running Bank Account | ® Applicant's cent and vl raton card wit | @ Affidavit wom before amagatrate stating the {Scheduled Pubic Sector Banks and ReBoral | Photograph done of ee passat sang the Rural Bans on) Photo identiy card isued by the Cental | WeratelSelow Class) '¢ House lormenttetter Goverment or state Goverment or 2 | PanCard ue Sector Undertaking eRevenue Record a cqaon ot te re + Pensioner Card having photo spplcants © conte votertist, © Cerificate of entity in original signed by Member of Pathament of Member of Lepslztve Assembly or 2 Gazettes Officer containing duly teste photograph © bank certificate in original onleter head from the branch along with nae and stamp of the ‘suing offer) containing duly attested photograph and bank account number ofthe epicant{seheduled Pubic Sector Banks and Regional Rural Banks on) s