3.

Introduction: Drafting
Legal drafting is the process of writing legal documents, such as contracts, agreements, wills,
deeds, and pleadings, in a clear, concise, and legally accurate manner. Legal drafting requires a
thorough understanding of the relevant laws, regulations, and legal principles, as well as the
ability to communicate complex legal concepts in plain language.
To draft a legal document, you need to follow certain conventions and guidelines. These may
include using precise language, avoiding ambiguity, using appropriate legal terminology, and
structuring the document in a logical and easy-to-follow manner. It is also important to consider
the intended audience of the document, whether it is a judge, lawyer, or layperson, and to tailor
the language and style accordingly.
The goal of legal drafting is to clearly and precisely convey legal rights, obligations, and terms in
a way that can be easily understood by both legal professionals and individuals involved in the
matter. Here are some key points about legal drafting:
Clarity and precision: Legal drafting requires careful attention to detail and precise language.
Ambiguity can lead to misunderstandings or disputes. Drafters aim to create documents that
leave little room for interpretation.
Consistency: Legal documents need to be consistent in terminology and structure. Defined
terms should be used consistently throughout the document.
Plain language: While legal documents often contain technical terms, efforts should be made to
use plain and straightforward language to make the document accessible to those who need to
understand it.
Purpose: The drafter must understand the purpose of the document. For example, in contract
drafting, it's essential to capture the parties' intentions accurately and comprehensively.
Legal framework: Drafters must be well-versed in the relevant legal framework, including
statutes, regulations, and case law that apply to the subject matter.
Organisation and structure: Legal documents should be organised logically, with clear headings,
sections, and sub-sections. This helps readers navigate the document and find specific
information easily.
Formatting: Proper formatting, including the use of headings, numbering, and indentation,
contributes to the document's readability.
Specificity: Legal drafting often requires specificity. For instance, in a contract, the obligations of
each party should be clearly stated, along with the consequences of non-compliance.
Boilerplate clauses: Some legal documents contain standard provisions known as boilerplate
clauses. These are commonly used clauses that address matters like governing law, dispute
resolution, and severability.
Customisation: While templates can be useful, legal drafting often involves tailoring documents
to the specific circumstances and needs of the parties involved.
Revision and review: Legal drafting is an iterative process. Drafts should be reviewed, revised,
and proofread to ensure accuracy and consistency.
4. General Principals of Drafting and Relevant Substantive Rules

(i) Formation of Outline in a Satisfactory Manner

Elaboration and Addressing of Important Issues

 Detailed Content: The draft should delve into the subject matter and cover all relevant
aspects. It should thoroughly analyse the topic, leaving no significant points
unaddressed.
 Avoidance of Vagueness: Ambiguity and vagueness hinder effective communication.
Therefore, the draft should strive to be clear and concise, avoiding vague language or
unclear statements.
 Consideration of Relevancy: The draft should focus on the essential aspects of the
subject matter, ensuring that all relevant points are included while omitting irrelevant or
extraneous information.
 Content Unity: The draft should maintain a cohesive flow of ideas, ensuring that all
paragraphs and sections contribute to the central theme or purpose of the document.
 Chronological Order: The facts, arguments, or information presented in the draft should
be arranged in a logical and chronological sequence, enabling a coherent understanding
of the topic.

(ii) One Major Point Per Paragraph

Paragraph Structure: Each paragraph in the draft should have a clear and distinct focus,
addressing one major point or idea. This approach enhances readability and facilitates
comprehension for the readers.

(iii) Emphasis on the Arrangement of Facts

 Organised Presentation: The facts, arguments, or information within the draft should be
arranged in a step-by-step manner, reflecting a structured and systematic analysis of the
problem at hand.
 Uniformity and Consistency: There should be consistency in the presentation of ideas
throughout the draft. This ensures a smooth flow of information and aids in the
understanding of complex concepts or arguments.

(iv) Style and Language

  Effective Idea Transmission: The style of writing in the draft should facilitate the
conveyance of ideas. It should be clear, concise, and easy to comprehend, effectively
communicating the intended message.
 Appropriate Use of Legal Terms: In legal drafting, it is crucial to use appropriate legal
terminology to convey facts accurately and precisely. The use of the correct legal terms
enhances the professionalism and clarity of the document.
 Simple and Faultless Language: The language used in the draft should be simple,
avoiding unnecessary complexity or jargon. It should also be free from grammatical
errors, incorrect spelling, illogical paragraphing, and poor punctuation, as these can
diminish the value and credibility of the document.
 Avoidance of Repetitions: Redundancy should be avoided to maintain the clarity and
conciseness of the draft.
(iV) Physical Characteristics
 Paper Quality and Margins: The draft should be typed on standard quality paper,
typically measuring 20 by 30 cm. Margins of 4 cm. at the top and left side and 2.5 to 4
cm. on the right side and bottom should be maintained to ensure a neat and
professional appearance.
 Page Numbering: Each page of the draft should be numbered, allowing for easy
reference and navigation.
 Differentiation of Preliminaries and Main Text: Preliminary sections, such as the table of
contents or acknowledgements, should be numbered using Roman numerals (i, ii, iii),
while the main text should be numbered using Arabic numerals (1, 2, 3, etc.).
 Formatting of Paragraphs: The document’s body should be double-spaced, ensuring
sufficient spacing between lines for improved readability. Additionally, 5 spaces should
indent each paragraph, and paragraph numbering can be used for better organisation
and referencing.
 Document Binding: To maintain the integrity and organisation of the draft, all sheets
should be securely bound together.

(v) Choice of Words in Drafting

Indeed, the draftsman should be mindful that the choice of words in a draft significantly impacts
its quality. Here are some key points to consider when selecting words for a legal draft:

Consistent Meaning: Words should be used consistently throughout the draft, ensuring that
they convey the same sense and meaning. Avoid using different terms or synonyms
interchangeably, as it may lead to confusion or ambiguity.

Active Voice: Whenever possible, prefer using the active voice over the passive voice. The active
voice provides clarity and directness in conveying the subject and action of the sentence.
However, if the passive voice enhances the clarity or emphasises a particular aspect, it may be
used appropriately.
Avoid Starting Paragraphs with ‘That’: In modern usage, it is generally recommended to avoid
starting paragraphs with the word ‘that.’ Instead, opt for alternative sentence structures to
maintain variety and flow in the draft.

One Thing at a Time: To ensure clarity and coherence, focus on addressing one point or topic at
a time in each paragraph or section of the draft. This approach helps readers to follow the
logical progression of ideas and reduces the likelihood of confusion or misinterpretation.

5. Pleading: Meaning, Functions and Object

I. Pleadings: Objective and Basic Rules
Pleadings means a written statement or plaint, forming the backbone of every suit. A plaintiff
pleading in his plaint would be a statement under which he sets out his cause of action,
inclusive of all relevant particulars. Pleadings need to be properly drafted with clear and concise
language so a to avoid any ambiguity.
They should be inclusive of all the material fact and other important and necessary facts, to
support the cause of action of the plaintiff and, for the defendant, the written statement should
respond to every fact alleged in the plaint as well as introduction of any new fact that may
favour the defendant.
The object of pleadings is to ensure parties are stating the issue at hand and to further prevent
them from being enlarged once the trial commences. It also helps in keeping the parties on
track in terms of what needs to be proved at trial. Order 6 of the CPC covers pleadings in
general and for the purpose of this answer, the focus shall be on Order 6 Rule 17 which deals
with the amendment of pleadings.
II. Meaning and Object and General Principles on Amendment of Pleadings:
Amending a pleading means to make a correction to what has already been submitted to the
Court in the plaint or written statement. There may be instances where certain details may not
be available at a certain time but may become available at a later stage or maybe one may not
be able to plead all material facts and to avoid such a situation, a provision for amendment
exists in the CPC.
The object of amending pleadings was explained in para 21 of Rameshkumar Agarwal v. Rajmala
Exports Pvt Ltd. (2012) 5 SCC 337, the Supreme Court held that in the ordinary course of things,
the Court must not refuse any bona fide, legitimate and honest and necessary amendments and
should never permit dishonest amendments.
The purpose and objective behind Order 6 Rule 17 of the CPC is to permit either of the parties
to alter and amend their pleadings in a manner which is just. The Court further stated that an
amendment cannot be claimed as a matter of right and it is not possible for the Court to adopt
a hyper-technical approach while deciding such prayers. The basic consideration while
permitting an amendment of pleadings is to avoid multiplicity of litigations.
While determining a prayer for amendment, a liberal approach should be taken, particularly in
cases where the other side can be compensated with costs. In the Supreme Court case of B.K.N.
Narayana Pillai v. P. Pillai and Ors. AIR 2000 SC 614, the Court while overturning the judgement
of the High Court, held that the mere fact of delay in filing for an application to amend pleading
cannot be a valid grounds for rejection where the other party can be compensated by costs and
where no irretrievable prejudice is caused.
The role of courts in a legal system is to promote the ends of justice and hence, empowering the
Courts with the power to permit amendment of pleadings is in the interest of doing full justice
and not for defeating them with something which can be easily rectified. The Courts are
entrusted with a wide range of discretion to determine whether a party can alter, amend or
modify his pleading at any given stage. However, such a discretion cannot be used as per the
whims and fancies of the Court and therefore, must be exercised inconsonance with the well-
established principles.
The power given to the Courts in permitting parties to amend pleadings is limited by the proviso
of Order 6 Rule 17. The Supreme Court in the case of Bharat Petroleum Corporations Ltd. v.
Precious Finance Ltd. (2006) 6 Bom Cr 510 laid down various guidelines and criteria’s for
granting amending of pleadings. In terms of the proviso to Order 6 Rule 17, the Court held that
it is procedural and it does give the Court more powers or take away its exiting powers to allow
amendments. It only empowers the court to accept an application if the Court is satisfied that
even after due diligence, the parties could not have sought the amendment before commencing
trial. The Supreme Court in the case of Salem Advocates Bar Association v. UOI (2005) 6 SCC 344
held that the object of this proviso is to curtail absolute discretion and prevent frivolous
applications filed to delay trial.
Hence, an application of amendment can be entertained at any stage of the proceedings by the
court even when the discretion of the court is limited by the proviso inserted by the 2002
amendment of the CPC. In the case of State of Juhi Senguttuvan Section B, LLB 2018.
A.P. v. Pioneer Builders (2006) 12 SCC 119, the Court held that amendment of pleadings can be
permitted at any stage of the proceedings to allow either party to alter or amend pleadings in
such a manner as may be just and necessary to determine the real question of controversy
between the parties. The idea behind permitting amendment at any stage is to enough ends of
justice are met while ensuring no prejudice is caused and of course, to avoid multiplicity of
litigation.
In the case of the Rajesh Kumar Aggarwal & Ors v. K.K. Modi & Or AIR 2006 SC 1647, the court
stated that Amendment of pleadings consists of two parts:
In the first part, the word may gives discretionary power to the court to allow or disallow
application of pleadings.
In the second part, the word ‘shall’ gives obligatory direction to the civil court to allow the
application of pleadings if this amendment is necessary for the purpose of determining the real
questions in controversy between the parties.
Further, the Court in para 15 and 16 state that object behind permitting amendment of pleading
is to allow all amendments that are necessary to determine the real controversy between the
parties provided, in doing so, no injustice or prejudice is caused to the other side.
Further, the case of Rajesh Kumar Aggarwal (Supra) explain the meaning of “real controversy”
test as the basic or cardinal test that the Court must utilise to determine whether permitting an
amendment is necessary to decide the real dispute between the parties.
III. Principles and Consideration Involved while Permitting Amendment of Pleading
Furthermore, an overview of various judicial precedents help in formulating some basic
principles pertaining to consideration by court while accepting or rejecting an application for
amendment of pleadings.
The Supreme Court in the case of Ganesh Trading Co. v. Moji Ram (1978) 2 SCC 91 detailed the
circumstances under which an amendment may or may not be permitted. The Court in para 5
held that an application to amend pleading must be rejected if the plaintiff seeks to alter the
cause of action directly or indirectly and that by amending the pleading, an entirely new and
inconsistent cause of action will emerge leading to substituting the plaint. The Court also
clarified that a mere failure to set out an essential fact does not, it itself constitute a new cause
of action.
Other questions for consideration are whether the amendment is needed to ensure proper
justice is achieved in the case; whether prejudice is caused and no amount of compensation can
undo the prejudice; whether rejecting the application will lead to multiplicity of litigation or
injustice; whether the nature of the cause of action is changed etc.
Furthermore, the factors are not exhaustive and are merely illustrative and the court must be
mindful of its discretion under Order 6 Rule 17 as it is a very serious judicial exercise and that
the court must not refuse bona fide, legitimate and honest and necessary amendments and
never permit mala fide, worthless and dishonest amendments. [(Rajeshkumar Agarwal v.
Rajmala Exports Ltd. Supra)]
To summarize, the intent behind permitting amendments is to ensure that the ends of justice
are met and mere technicalities or rectifiable errors are not given undue importance. The court
has to be satisfied primarily that an application is submitted in good faith and not to abuse the
process of law, seeking an amendment and that there is no evidence of negligence while
ensuring that permitting the amendment application, no prejudice is caused.
6. Plaint: Meaning and Essentials
A plaint is a legal document which contains the written statement of the plaintiff's claim. A
plaint is the first step towards the initiation of a suit. In fact, in the very plaint, the contents of
the civil suit are laid out.
Through such a plaint, the grievances of the plaintiff are spelled out, as well as the possible
causes of action that can arise out of the suit. A plaint which is presented to a civil court of
appropriate jurisdiction contains everything, including facts to relief that the plaintiff expects to
obtain.
Although it hasn't been defined in the CPC, it is a comprehensive document, a pleading of the
plaintiff, which outlines the essentials of a suit, and sets the legal wheels up and running.
Order VII of the CPC particularly deals with a plaint. A few of the essentials of a plaint implicit in
itself are those only material facts, and not all facts or the law as such is to be stated, the facts
should be concise and precise, and no evidence should be mentioned.
Particulars Of A Plaint:
1.The name of the particular court where the suit is initiated.
2.Name, place, and description of the plaintiff's residence
3.Name, place, and description of the defendant's residence.
4. A statement of unsoundness of mind or minority in case the plaintiff or the defendant
belongs to either of the categories.
5.The facts that led to the cause of action and when it arose.
6. The facts that point out to the jurisdiction of the court.
7.The plaintiff's claim for relief.
8.The amount allowed or relinquished by the plaintiff if so
9.A statement containing the value of the subject matter of the suit as admitted by the case.
10. Additional Particulars:
Order VII, Rule 2 states that the plaintiff shall state the exact amount of money to be obtained
from the defendant if the case is so. On the other hand, if the exact amount cannot be arrived
at, as is then case with mesne profits, or claim for property from the defendant, an approximate
figure must be mentioned by the plaintiff
Order VII, Rule 3 states that when immovable property is the subject matter of the plaint, the
property must be duly described, that is sufficient in the ordinary course to identify it.
Order VII, Rule 3 states that when the plaintiff has initiated the suit in a representative capacity,
it has to be shown that he/ she has sufficient interest in doing the same as well as has taken the
required steps to ensure the same.
The plaint should adequately show the involvement of the defendant, including his/ her
interests in the same and thereby justifying the need to bring him/ her forward.
If the plaintiff files the suit after the expiration of the period of limitation, he/ she must show
the reason for which such an exemption from law is being claimed.
The Particulars Of A Plaint Can Be Divided Into Three Important Parts Such As Heading And Title,
Body Of The Plaint, And Relief Claimed.
Heading And Title:
Name Of The Court:
The name of the court should be written as the heading. It is not necessary to mention the
presiding officer of the court. The name of the court would be sufficient. Eg. In the Court of
District Judge, Kolkata.
Parties To The Suit:
There are two parties to every suit, the plaintiffs and the defendants. For the purpose of the
suit, the name, place, and description of the residence of both the plaintiffs and the defendants
have to be mentioned in the particular plaint.
When there are several plaintiffs, all of their names have to be mentioned and have to be
categorically listed, according to their pleadings, or in the order in which their story is told by
the plaintiff.
Minors cannot sue nor can be sued. So if one of the parties is a minor or of unsound mind, it
will have to be mentioned in the cause title.
Title Of The Suit:
The title of the suit contains the reasons for approaching the court and the jurisdiction before
which the plaint Is initiated.
Body Of The Plaint
This is the body of the plaint wherein the plaintiff describes his/ her concerns in an elaborative
manner. This is divided into short paragraphs, with each paragraph containing one fact each.
The body of the plaint is divided into two further parts which are:
Formal Portion:
The formal portion contains the following essentials:
A statement regarding the date of cause of action. It is necessary for every plaint to contain the
date when the cause of action arose. The primary objective behind this is to determine the
period of limitation.
There should be a statement regarding the jurisdiction of the court. The plaint must contain all
facts that point out the pecuniary or territorial jurisdiction of the court.
The representative character of the plaintiff
The reasons why the plaintiff wants to claim exemptions under the law if the suit is initiated
after the period of limitation.
Substantial Portion:
This portion of the plaint must contain all the necessary and vital facts, which constitute the
suit. If the plaintiff wishes to pursue a course of action on any other grounds, such grounds must
be duly mentioned.
It should be shown in the plaint that the defendant is interested in the subject matter and
therefore must be called upon by the court.
If there is more than one defendant, and if the liability is not joint, then the individual liability of
each and every defendant must be shown separately.
In the same way, if there is more than one plaintiff, and their cause of action is not joint, then
too, the same has to be mentioned separately.
Relief:
The last part of the plaint is the relief. The relief claimed must be worded properly and
accurately. Every plaint must state specifically the kind of relief asked for, be it in the form of
damages, specific performance or injunction or damages of any other kind. This has to be done
with utmost carefulness because the claims in the plaint cannot be backed by oral pleadings.
Signature And Verification:
The signature of the plaintiff is put towards the end of the plaint. In case the plaintiff is not
present due to any legitimate reason, then the signature of an authorized representative would
suffice.
The plaint should also be duly verified by the plaintiff. In case the plaintiff is unable to do so, his/
her representative may do the same after informing the court.
The plaintiff has to specify against the paragraphs in the pleadings, what all he/ she has verified
by his/ her own awareness of the facts, and what has been verified as per information received,
and subsequently believed to be true.
The signature of the plaintiff/ verifier, a Where the language of the plaint is beyond the
comprehension of the plaintiff, the same has to be translated, or made known to the plaintiff,
and only after that can he/ she put his/her signature and get the plaint verified by the Oath
Commissioner.
Return Of Plaint
Order VII, Rule 10 states that the plaint will have to be returned in such situations where the
court is unable to entertain the plaint, or when it does not have the jurisdiction to entertain the
plaint.
The courts can exercise the power of returning the plaint for presentation before the
appropriate court if it feels that the trial court itself did not have the appropriate jurisdiction in
the first place.
Once the appellate court finds out that the trial court decided on the civil suit without proper
jurisdiction, such decision would be nullified.
7. Written Statement: Meaning and Essential
First of all, we should know that what is written statement. Actually, it is a pleading of the
defendant in the answer of the plaint led by the plainti against him. It is a reply statement of the
defendant in a suit specically denying the allegations made against him by the plainti in his
plaint. The provision regarding the written statement has provided in the Code of Civil
Procedure, 1908.
Meaning: The expression Written Statement has not been dened in this code. It is a term of
specic meaning ordinarily signifying a reply to the plaint led by the plainti. In other words, it is
the pleading of the defendant wherein he deals with the material fact alleged by the plainti in
his plaint and also states any new fact in his favour or takes legal objections against the claim of
the plainti.
Who may be written statement: A written statement may be filed by the defendant or by his
duly authorized agent. In the case of more than one defendants, the common written statement
led by them must be signed by all of them. But it is sucient if it is veried by one of them who is
aware of the facts of the case and is in a position to le an adavit. But a written statement led by
one defendant does not bind other defendants.
Time limit for ling written statement: A written statement should be led within thirty days from
the service of the summons on him. The said period, however, can be extended up to ninety
days,(Rule -1). A defendant should present a written statement of his defence in the said period.
Defences in written statement: In written statement defendant can specically deny the
allegations made in the plaint by the plainti against him. Besides this, he also can claim to set-o
any sums of money payable by the plainti to him as a counter defence (Order 8 Rule 6). Further,
if the defendant has any claim against the plainti relating to any matter in the issue raised in the
plaint, then he can separately le a counter-claim along with his written statement. It is provided
in Order 8 Rule 6A to 6G of the code.
Special rules of defence:
Rules 2 to 5 and 7 to 10 deal with special points regarding the ling of a written statement:
I. New facts, such as the suit is not maintainable, or that the transaction is
either void or voidable in law, and all such grounds of defence as, if not
raised, would take the plainti by surprise, or would raise issues of fact not
arising out of the plaint, such as fraud, limitation, release, payment,
performance or facts showing illegality, etc. must be raised. (Order 8 Rule 2)
II. The denial must be specie. It is not succinct for a defendant in his written
statement to deny generally the grounds alleged by the plainti, but he must
deal specially with each allegation of fact which he does not admit, except
damages.
III. The denial should not be vague or evasive. Where a defendant wants to deny
any allegation of fact in the plaint, he must do so clearly, specially and
explicitly and not evasively or generally.
IV. Where every allegation of fact in the plaint, if not denied specically or by
necessary implication, or stated to be not admitted except as against a
person under disability. The court may, however, require proof of any such
fact otherwise than by such admission.
V. Where the defendant relies upon several distinct grounds of defence or set-o
or counterclaim founded upon separate and distinct facts, they should be
stated separately and distinctly.
VI. Any new ground of defense which has arisen after the institution of the suit is
a presentation of a written statement claiming a set-o or counterclaim may
be raised by the defendant or plainti in his written statement as the case may
be.
VII. If the defendant fails to present his written statement within the time
permitted or relaxed by the court, the court will pronounce the judgment
against him or pass such order in relation to the suit as it thinks t and a
decree will be drawn up according to the said judgment.
VIII. No pleading after the written statement of the defendant other than by way
of defense to set-o or counterclaim can be led.
8. a. Draft a plaint for Husband for restitution of conjugal rights against wife under
Hindu Marriage Act.

IN THE COURT OF THE _______

Matrimonial Case No. _______ of 20 _______

Shri AA. etc. _______ Petitioner;

Versus

Smt BB. _______ Respondent.

(Petition for restitution of conjugal rights under section 9 of the Hindu

Marriage Act, 1955)

The Petitioner, named above, states:

1. That the petitioner was married to the respondent on _______ at

_______ within the jurisdiction of this Court.

2. That the petitioner and his wife lived last together at _______

3. That on _______ last the respondent went to her father’s house at

_______ . She gave word to return within 15 days, but she did not abide by
her word and has not returned so far.

4. That the petitioner went to his father-in-law’s house at_______ to bring

the respondent, a number of times, but on one pretext or the other, she
declined to come along with the petitioner to his house.

5. That lastly the petitioner went to the house of the respondent’s father at
_______ on _______ and asked the respondent to return with him, but she
refused to come.
6. That the respondent deserted the petitioner or/and has withdrawn from
his company without any reasonable or lawful excuse. Hence the necessity
for the petition arose.

7. That the cause of action accrued to the petitioner against the respondent,
within the jurisdiction of this Court, on _______ when the respondent left for
her father’s house at _______ and it continues to accrue from day to day till
the respondent comes back to the home of the petitioner and resumes his
company.

That the petitioner claims and prays:

(a) That a decree for the restitution of conjugal rights be passed in favour of
the petitioner against the respondent.

(b) Any other relief or reliefs which the court may deem proper under the
circumstances be also awarded to the petitioner.

Dated. _______ Petitioner.

VERIFICATION

I, the abovenamed petitioner, do hereby verify that the contents of this

petition in Paras ______________ are true to my personal knowledge and
those in Paras Nos______________ are believed by me to be true.

Signed and verified this _______ day of _______ 20 _______ at _______ in

Civil Court compound.

Petitioner.
8 b. Draft a written statement on behalf of wife in the above plaint.

IN THE COURT OF THE _______

Matrimonial Case No. _______ of 20 _______

Shri AA. etc. _______ Petitioner;

Versus

Smt BB. _______ Respondent.

(Petition for restitution of conjugal rights under section 9 of the Hindu

Marriage Act, 1955)

WRITTEN STATEMENT

Sir,

Respondent respectfully submit as under:-

1. That the petitioner was married to the respondent on _______ at

_______ within the jurisdiction of this Court.

2. That the petitioner and his wife lived last together at _______

3. That on _______ last the respondent went to her father’s house at

_______ . She gave word to return within 15 days, but she did not abide by

her word and has not returned so far.

4. That the petitioner went to his father-in-law’s house at_______ to bring

the respondent, a number of times, but on one pretext or the other, she

declined to come along with the petitioner to his house.

5. That lastly the petitioner went to the house of the respondent’s father at

_______ on _______ and asked the respondent to return with him, but she

refused to come.

6. That the respondent deserted the petitioner or/and has withdrawn from

his company without any reasonable or lawful excuse. Hence the necessity

for the petition arose.

7. That the cause of action accrued to the petitioner against the respondent,

within the jurisdiction of this Court, on _______ when the respondent left for

her father’s house at _______ and it continues to accrue from day to day till

the respondent comes back to the home of the petitioner and resumes his

company.

That the petitioner claims and prays:

(a) That a decree for the restitution of conjugal rights be passed in favour of

the petitioner against the respondent.

(b) Any other relief or reliefs which the court may deem proper under the

circumstances be also awarded to the petitioner.

Dated. _______ Petitioner.

VERIFICATION

I, the abovenamed petitioner, do hereby verify that the contents of this

petition in Paras ______________ are true to my personal knowledge and
those in Paras Nos______________ are believed by me to be true.

Signed and verified this _______ day of _______ 20 _______ at _______ in

Civil Court compound.

Petitioner.
9.A
IN THE COURT OF THE _____________ JUDGE AT _________
MATRIMONIAL CASE NO. __________ OF 20__
IN THE MATTER OF:
MRS. XY_________ PETITIONER

VERSUS
MR. AB __________ RESPONDENT

PETITION FOR JUDICIAL SEPARATION UNDER SECTION 10 OF HINDU MARRIAGE ACT

MOST RESPECTFULLY SHEWITH:

The Petitioner, above named states as under:

1. That at all material times and at present the parties to the proceedings were and are
Hindu and so governed by Hindu Marriage Act,1955
2. That marriage of the Petitioner and the Respondent was solemnised on __________ at
____________ according to Hindu rites and ceremonies. The marriage was registered
with the Registrar of marriages at ___________. (Certified copy of the extract from the
concerned register or an affidavit duly attested to be filed)
3. That the status and place of residence of the Parties to the marriage before the
marriage and at the time of filing this petition is given as under:

i) Place of residence before the Marriage

ii) Place of residence at the time of filing the Petition

1. That the following are the issues of the said marriage (name, date of birth, sex)
2. The grounds or reason for seeking judicial separation for example- That shortly after
marriage AB conducted himself towards the applicant with severe harshness and cruelty
(any particulars of cruelty must be mentioned)
3. That the petitioner has not in any manner condoned the acts complained of or
connived.
4. That there were no previous legal proceedings between the parties and there is no
collusion between the applicant and AB with respect to the subject matter of the
petition.
5. That the applicant has come to court with greatest promptitude and least delay (if there
has been delay it must be explained)
6. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was
solemnised at ____________ the parties last resided together at _____________ and
even presently the respondent is residing within the Jurisdiction of this Hon'ble Court.
7. Prayer:

 The applicant therefore prays for a decree of judicial separation between the applicant
and the said AB
  Any other relief or reliefs which the court may deem proper under the circumstances be
also awarded to the petitioner

Signed XY

Affidavit

IN THE COURT OF THE _____________ JUDGE AT _________

MATRIMONIAL CASE NO. __________ OF 20__
IN THE MATTER OF:

MR.XY_________ PETITIONER

VERSUS
MR. AB__________ RESPONDENT

I, XY, daughter of GH and wife of AB aged______ years by occupation/service residing

at______do hereby solemnly affirm and say as follows:
I am the petitioner above-named and I know and have acquainted with the facts and
circumstances of this case.
The contents of this petition in Para No ______ to Para No __________ are true to my personal
knowledge and those in Para No _____ to Para No ________ are believed by me to be true.
That the Petition is not being presented or prosecuted in collusion with the Respondent.
I sign this affidavit on this ______ day of____at the court house of_____

Signature of XY

Before me Signature of Advocate

VERIFICATION
I, the above named deponent do hereby verify on oath that the contents of the affidavit above
are true to my personal knowledge and believed by me to be true based on the information
received and nothing material has been concealed or falsely stated therein.
Signed and verified this _______ day of _______ 20 _______ at _______
(sd /-Petitioner).

9. B
To be drafted by self
10. Affidavit

As per Merriam Webster, the term ‘affidavit’ stands for a sworn statement which is made in
writing and necessarily under an oath or affirmation before an authorised officer or magistrate.

A written promise is referred to as an affidavit, and according to its Latin roots, it is related to
another type of promise in English. An affidavit, which means “he or she has made a
commitment” in Latin, is derived from the past tense of the verb affidare, which means “to
pledge.”

Affidavits can also be thought of as a form of written court testimony. In a court of law, you are
required to swear that you are telling the truth and take an oath on a holy book. In an affidavit,
you do the same thing verbally. Although your testimony is on paper, you are sworn in. They
are essential because, without them, an affidavit can be used in place of the oral submission,
testimony, or evidence that can only be admitted in court.

If the promise turns out to be untrue, then the maker has to face prosecution. When a person
cannot testify in person, affidavits are usually used in court. To get a search warrant, police
officers typically need to file an affidavit with a court. Affidavits are typically made without the
presence of opposing counsel and without the opportunity for questioning (unlike comparable
signed declarations known as depositions).

In simpler words, it can be said that ‘a written declaration signed by a person who implements,
swears, verifies, and affirms under oath’ is known as an affidavit. Additionally, this individual
declares that nothing has been omitted or misrepresented and that the proclamation’s
contents are truthful and accurate. He also attests to the document’s veracity.

An affidavit is a legally binding declaration of a person’s oath that cannot be refuted. Affidavits
are a crucial component of court proceedings since they offer a written description of the facts
surrounding the incident, which can facilitate judges’ decision-making. They are useful for
keeping records as well.

In India, the provisions of the Code of Civil Procedure, 1908, on the subject of affidavits, are
contained in Section 139 and Order XIX of the Code.

Essential features of an affidavit

The following are the essential features of an affidavit:

1.An affidavit must be in writing.

2.It needs to be a declaration by the deponent.
3.The facts mentioned in an affidavit must be true to the best knowledge of the deponent.
4.In order to make it valid, it needs to be sworn in under oath before an authorised officer or
magistrate.
5. An affidavit is never made on behalf of some other person.
When are affidavits used
Affidavits are used when there is a need to take an oath of any kind. Some common uses of
affidavits are as follows:

Divorce cases,
Property disputes,
Disputes about debt,
Confirmation of received legal documents,
Name change verification,
Residential address verification,
Firstborn child certificate,
Marriage registration.

Who is authorised to draft an affidavit

Affidavits can be drafted by anyone. However, one has to fulfil some basic requirements in
order to write an affidavit, such as an individual must be of legal age and fully understand the
nature of the components. In other words, the person must not be insane or rendered
unconscious for failing to understand the significance of the claims made in the affidavit.

An affidavit that claims to have been made by a female declarant who has appeared before the
court, magistrate, or other officers in question while wearing a veil is not valid until she has
been properly identified and an affidavit confirming that identity has been made by the person
identifying her and certified by the court, magistrate, or other officers.

Types of affidavits
There are two types of affidavits. These are as follows:

Judicial affidavit
Judicial affidavits are written on judicial paper and properly stamped with court fees. The
judicial affidavits must be submitted for a variety of reasons, including but not limited to serving
as proof or as application support. A judicial affidavit needs the Oath Commissioner’s
attestation to be considered valid.

Non-judicial
Affidavits that are not legally binding are written on non-judicial stamp paper. States have
different stamp paper values. In most cases, it is at least Rs. 10/-. The non-judicial affidavits are
typically used in administrative or business contexts. The affidavit needs to be attested by a
Notary Public with a valid licence in order to be considered valid. The attestation must be
signed by the notary with both his seal and a notary stamp, and it ‘shall be entered in the
Notarial Registration Book.’
11. Writ Petition under Articles 226 and 32 of the constitution of
India.
A writ petition can be termed as a formal written order issued by a judicial authority who
possesses the authority to do so. The meaning of the word ‘Writs’ means command in writing in
the name of the Court. It is a legal document issued by the court that orders a person or entity
to perform a specific act or to cease performing a specific action or deed. In India, writs are
issued by the Supreme Court under Article 32 of the Constitution of India and by the High Court
under Article 226 of the Constitution of India.

Meaning of Writ
Fundamentally, a writ is a formal written order issued by anybody, executive or judicial,
authorised to do so. In modern times, this body is generally judicial. Therefore, a writ can be
understood as a formal written order issued by a Court having authority to issue such an order.
Orders, warrants, directions, summons etc. are all essentially writs. A writ petition is an
application filed before the competent Court requesting it to issue a specific writ.

Writs under Indian Constitution

Fundamental Rights are contained in Part III of the Indian Constitution including the right to
equality, right to life and liberty etc. Merely providing for Fundamental Rights is not sufficient. It
is essential that these Fundamental Rights are protected and enforced as well. To protect
Fundamental Rights the Indian Constitution, under Articles 32 and 226, provides the right to
approach the Supreme Court or High Court, respectively, to any person whose Fundamental
Right has been violated. At the same time, the two articles give the right to the highest courts
of the country to issue writs in order to enforce Fundamental Rights.

Kinds of writs
Articles 32 and 226 specifically provide for five kinds of writs. These writs are issued in different
circumstances and have different implications. They are:

Habeas Corpus
‘Habeas Corpus’ literally means “to have a body of”. This writ is used to release a person who
has been unlawfully detained or imprisoned. By virtue of this writ, the Court directs the person
so detained to be brought before it to examine the legality of his detention. If the Court
concludes that the detention was unlawful, then it directs the person to be released
immediately. Circumstances of unlawful detention are:

The detention was not done in accordance with the procedure laid down. For instance, the
person was not produced before a Magistrate within 24 hours of his arrest.
The person was arrested when he did not violate any law.
An arrest was made under a law that is unconstitutional.
This writ ensures swift judicial review of the alleged unlawful detention of the prisoner and
immediate determination of his right to freedom. However, Habeas corpus cannot be granted
where a person has been arrested under an order from a competent court and when prima
facie the order does not appear to be wholly illegal or without jurisdiction.
This writ can be filed by the detained person himself or his relatives or friends on his behalf. It
can be issued against both public authorities and individuals.

In Sunil Batra v. Delhi Administration (1980 AIR 1579) case, an application was made to the
Supreme Court through a letter written by a co-convict on the maltreatment of the prisoners.
This letter was taken up by the Supreme Court and it issued the writ of habeas corpus stating
that this writ can not only be used against illegal arrest of the prisoner but also for his
protection against any maltreatment or inhuman behaviour by the detaining authorities.

In Kanu Sanyal v. District Magistrate Darjeeling & Ors. (1974 AIR 510) case, the Supreme Court
held that rather than focusing on the defined meaning of Habeas Corpus, i.e. produce the body,
there should be a focus on the examination of the legality of the detention by looking at the
facts and circumstances of the case. It stated that this writ is a procedural writ and not a
substantive writ. This case dealt with the nature and scope of the writ of habeas corpus.

Mandamus
‘Mandamus’ means ‘we command’. It is issued by the Court to direct a public authority to
perform the legal duties which it has not or refused to perform. It can be issued by the Court
against a public official, public corporation, tribunal, inferior court or the government. It cannot
be issued against a private individual or body, the President or Governors of States or against a
working Chief Justices. Further, it cannot be issued in the following circumstances:

The duty in question is discretionary and not mandatory.

For the performance of a non-statutory function.
Performance of the duty involves rights of purely private nature.
Where such direction involves violation of any law.
Where there is any other remedy available under the law.
The writ of mandamus is issued for keeping the public authorities within their jurisdiction while
exercising public functions. The object of mandamus is the prevention of disorder emanating
from failure of justice that is required to be granted in all cases where there is no specific
remedy established in law. It cannot be issued when the government or public official has no
duty to perform under the law.

A writ petition seeking mandamus must be filed by a person in good faith and who has an
interest in the performance of the duty by the public authority. The person seeking mandamus
must have a legal right to do so and also must have demanded the performance of the duty and
it is refused by the authority.

In All India Tea Trading Co. v. S.D.O. (AIR 1962 Ass 20) case, the Land Acquisition Officer
erroneously refused to pay the interest on compensation amount. A writ of mandamus was
issued against the Land Acquisition Officer directing him to reconsider the application for the
payment of interest.
In Suganmal v. State of M.P. (AIR 1965 SC 1740) case, the petitioner (person who files the writ
petition) filed for issuing a writ of mandamus to direct the respondent (opposite party in the
writ) for refunding tax. The Supreme Court held that where an assessment order was set aside
and the rules concerned did not provide for refund of tax levied, a writ of mandamus cannot be
issued. The proper remedy is filing a suit for claiming the refund.

Quo Warranto
‘Quo Warranto’ means ‘by what warrant’. Through this writ, the Court calls upon a person
holding a public office to show under what authority he holds that office. If it is found that the
person is not entitled to hold that office, he may be ousted from it. Its objective is to prevent a
person from holding an office he is not entitled to, therefore preventing usurpation of any
public office. It cannot be issued with respect to a private office.

The writ can be issued only when the following conditions are fulfilled:

The public office is wrongfully assumed by the private person.

The office was created by the constitution or law and the person holding the office is not
qualified to hold the office under the constitution or law.
The term of the public office must be of a permanent nature.
The nature of duties arising from the office must be public.
In Kumar Padma Padam Prasad v. Union of India (AIR 1992 SC 1213) case, Mr K.N. Srivastava
was appointed as a Judge of the Gauhati High Court by the President of India by a warrant of
appointment under his seal. A petition was filed for issuing a writ of quo-warranto contending
that Mr K.N. Srivastava was not qualified for the office. It was held by the Supreme Court that
since Mr K.N. Srivastava was not qualified, quo warranto could be issued and accordingly the
appointment of Mr K.N. Srivastava was quashed.

In the case of Jamalpur Arya Samaj Sabha v. Dr D Rama (AIR 1954 Pat. 297) case, the petitioner
filed an application for issuing the writ of Quo Warranto against the Working Committee of
Bihar Raj Arya Samaj Pratinidhi Sabha, which was a private body. The High Court of Patna
refused to issue the writ of Quo Warranto because it was not a public office.

Certiorari
‘Certiorari’ means to ‘certify’. Certiorari is a curative writ. When the Court is of the opinion that
a lower court or a tribunal has passed an order which is beyond its powers or committed an
error of law then, through the writ of certiorari, it may transfer the case to itself or quash the
order passed by the lower court or tribunal. A writ of certiorari is issued by the Supreme Court
or High Court to the subordinate courts or tribunal in the following circumstances:

When a subordinate court acts without jurisdiction or by assuming jurisdiction where it does
not exist, or
When the subordinate court acts in excess of its jurisdiction by way of overstepping or crossing
the limits of jurisdiction, or
When a subordinate court acts in flagrant disregard of law or rules of procedure, or
When a subordinate court acts in violation of principles of natural justice where there is no
procedure specified.

Prohibition

A writ of prohibition is issued by a Court to prohibit the lower courts, tribunals and other quasi-
judicial authorities from doing something beyond their authority. It is issued to direct inactivity
and thus differs from mandamus which directs activity.

It is issued when the lower court or tribunal acts without or in excess of jurisdiction or in
violation of rules of natural justice or in contravention of fundamental rights. It can also be
issued when a lower court or tribunal acts under a law that is itself ultra vires.

The difference between the writ of certiorari and prohibition is that they are issued at different
stages of proceedings of the case. The writ of certiorari is issued after the case is heard and
decided. It is issued to quash the decision or order of the lower court when the lower court
passed an order without or in excess of jurisdiction. Whereas, the writ of prohibition is issued
prohibiting the proceedings in the lower court which acts without or in excess of jurisdiction
while the case is pending before it.

Who can file a writ petition?

A writ petition can be filed by any person whose Fundamental Rights have been infringed by
the State. Under a Public Interest Litigation, any public-spirited person may file a writ petition in
the interest of the general public even if his own Fundamental Right has not been infringed.

Where can a writ petition be filed?

Under Article 32, a writ petition can be filed in the Supreme Court. The Supreme Court can issue
a writ only if the petitioner can prove that his Fundamental Right has been infringed. It is
important to note that the right to approach the Supreme Court in case of a violation of a
Fundamental Right is in itself a Fundamental Right since it is contained in Part III of the
Constitution.

Under Article 226, a writ petition can be filed before any High Court within whose jurisdiction
the cause of action arises, either wholly or in part. It is immaterial if the authority against whom
the writ petition is filed is within the territory or not. The power of the High Court to issue a
writ is much wider than that of the Supreme Court.

The High Court may grant a writ for the enforcement of fundamental rights or for any other
purpose such as violation of any statutory duties by a statutory authority. Thus, a writ petition
filed before a Supreme Court can be filed against a private person too. Where a fundamental
right has been infringed, either the Supreme Court or the High Court can be resorted to.
It is not necessary to go to the High Court first and only thereafter approach the Supreme
Court. However, if a writ petition is filed directly in the Supreme Court, the petitioner has to
establish why the High Court was not approached first.

12. a. Draft a Complaint case under sec. 156(3) of CrPC.

APPLICATION UNDER SECTION 156(3) CR.P.C. FOR LODGING CASE/FIR UNDER SECTION
379/408/420/120-B I.P.C. | HOW TO REGISTER FIR U/S 156(3) OF CRPC.

IN THE COURT OF HON’BLE DUTY MAGISTRATE,______

Alauddin son of ________

…Complainant.
VERSUS
1- Kamaluddin _________
…..Accused.
APPLICATION UNDER SECTION 156(3) CR.P.C. FOR LODGING CASE/FIR UNDER SECTION
379/408/420/120-B I.P.C.
Police Station-
Sir,
The complainant most respectfully submits as under:-

1- That the complainant is a respectable person, law-abiding citizen of India and he is the
permanent resident of __________.

2- That on 05-09-2008 the complainant had purchased a JCB Machine bearing its Engine
No. _____, Chassis No.________, Model 2008 yellow coloured from the dealer i.e. M/s
__________ and the total billing amount paid by the complainant as per the sale invoice
bearing No. KNPL 08:09:567 dated 06-09-2008 was Rs. 20,56,333/-(Rupees Twenty Lacs Fifty Six
thousand three hundred & Thirty three).

3- That the complainant was running the said JCB Machine in the ________. The accused
persons were employed by the complainant as operators and cleaner on the said JCB Machine.

4- That the mining work was stopped by the Government in the _____ Mines and as such
the JCB Machine alongwith the accused persons were standing without any work and in view of
this in order to find new job work for the Machine on 05-02-2009 the complainant went to the
_____ Mines then he did not find neither the JCB Machine nor the accused persons there at the
site.

5- That the complainant has enquired here and there about the machine and the accused
persons but could not found the same.
6- That thereafter the complainant had visited the village of the accused persons and met
their father who told that the accused persons are absconding and they have sold the
Machinery for a sale consideration of Rs. 8,00,000/- to some one in Kashmir by preparing
forged papers and now they are running /operating the same in Jammu & Kashmir.

7- That the complainant has made a number of visits in the state of Jammu & Kashmir and
in the area of ______ to find out the accused persons and to locate the JCB Machine but the
accused persons are absconding and are beyond the power and resources of the complainant.

8- That the complainant has filed a complaint on dated 26-06-2009 before the S.S.P,
_______ but police has not taken any action in this regard and it seems that even the police is
hand in gloves with the accused persons.

9- That the accused persons with the common intention hatched a conspiracy and thereby
they dishonestly stolen the JCB Machine of the complainant without the complainant’s consent
and further they moved the property out of the reach of the complainant and they further
fraudulently sold the JCB Machine to some one else without having any right to do and the
accused have committed this offence while under the employment of the complainant and
these illegal acts of the accused persons amounts to offences under section 379, 408,420,120-B
IPC, hence they are liable to be prosecuted and punished by this Hon’ble court.

10- That the complainant resides at village _______, Police Station _______ and the accused
had committed the offences within the territorial jurisdiction of P.S. ______ under the
territorial jurisdiction of this Hon’ble court and therefore the this Hon’ble court has got the
jurisdiction to entertain and try the present complaint.

11- That there is a involvement of some other unknown accused as well who helped and
conspired with the accused persons to sell the JCB Machine in Jammu & Kashmir and the JCB
Machine is presently in the State of Jammu & Kashmir hence the complaint of the complainant
needs to be thoroughly investigated by the police as well as JCB machinery is to be recovered
from the State of Jammu & Kashmir which can only be done by police.

PRAYER:-

It is, therefore, most respectfully prayed that the accused may kindly be summoned through
non-bailable warrants and punished, prosecuted, convicted and sentenced in accordance with
the law.

It is also prayed that the present complaint may kindly be sent to the SHO, Police Station
_________ Under section 156(3) Cr. P.C. for lodging the FIR and investigating the case as there
is a involvement of some other unknown accused as well who helped and conspired with the
accused persons to sell the JCB Machine in Jammu & Kashmir and the JCB Machine is presently
in the State of Jammu & Kashmir hence the complaint of the complainant needs to be
thoroughly investigated by the police as well as JCB machinery is to be recovered from the State
of Jammu & Kashmir which can only be done by police in the interest of justice.

Dated ________ Complainant.

Through counsel:

12. b. Bail Application

IN THE COURT OF ____________, ADDITIONAL DISTRICT AND SESSION JUDGE, _____________

COURTS, ____________

IN THE MATTER OF:

LMN, ___________, Son of _________________ Years of Age, Working as _____ Residing at

__________

........... Petitioner

Versus

State of_________ Through PQR, Son of _________, ____ Years of age, Working as __________
Residing at _______________

...........Respondent

FIR No.: ___________

U/s: ___________

P.S.: ___________

APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR GRANT
OF BAIL

Most Respectfully Show:

1. That the present application under section 439 of the Code of Criminal Procedure 1973 is
being filed by the Petitioner for seeking grant of bail in FIR No. _________ registered at Police
Station_______________. The present petition is being moved as the Petitioner has been
arrested on _________ (give date) in connection with the said FIR. The petitioner is now in
judicial/police custody.

2. That the Petitioner is innocent and is being falsely implicated in the above said case as he
has nothing to do with the matter.

3. That the Petitioner is a law abiding citizen of India. The petitioner is gainfully carrying on
the business of ________ at ________. (Give details).

4. That the Petitioner is a responsible person and is living at the above mentioned address.

5. (Give all other relevant facts, which have led to the arrest or which show the petitioner's
innocence or disassociation with the alleged offence supposed to have been committed)

6. That the Petitioner is innocent and no useful purpose would be served by keeping him
under custody and this is a fit case for grant of bail. (It would be pertinent to mention as to the
stage of investigation or in case the charge sheet has been filed, whether charges have been
imposed, evidence has started, the length of the list of witnesses cited by the prosecution etc.
as these would all be mitigating circumstances)

7. That the Petitioner undertakes to abide by the conditions that this Honorable Court may
impose at the time of granting bail to the Petitioner and further undertakes to attend the trial
on every date of hearing.

8. That the Petitioner has not filed any other similar petition before this or any other
Honorable Court for grant of bail in case of the present FIR. (Or give details and results of earlier
applications)

PRAYER:

In view of the above stated facts and circumstances it is most respectfully prayed that this
Honorable Court may be pleased to

a. Grant bail to the Petitioner in connection with FIR No. ________ registered under section
________, for the offence of ________ (give sections) at Police Station _________ (give place).

b. Pass any other such order as this Honorable Court may deem fit and proper in the interest
of justice.

LMN........Petitioner

Through
ABC.........Counsel
Place: Date:
13. Draft:
a) Sale Deed :

DEED OF ABSOLUTE SALE

This DEED OF ABSOLUTE SALE is made and executed on this _______ day of ______________, Two
Thousand _______
BETWEEN
Sri ____________________, son/wife/daughter of Sri/Late _______________, aged about _______
years, holding PAN _____________, by Caste ________, by Nationality Indian, residing at
_____________________________________________,
hereinafter called the "SELLER" (which expression shall mean and include his legal heirs, successors,
successors-in-interest, executors, administrators, legal representatives and assigns) of the ONE PART.

AND
Sri __________________________________, son of _______________________, aged
about _______ years, by Caste __________, by Nationality Indian, holding PAN _____________, residing
at _____________________________________________,
hereinafter called the "PURCHASER" (which expression shall mean and include his legal heirs, successors,
successors-in-interest, executors, administrators, legal representatives and assigns) of the OTHER PART.
The SELLER and the PURCHASER are hereinafter referred collectively as parties and individually as party.

WHEREAS the SELLER is the absolute owner, in possession and enjoyment of the piece and
parcel of ______ land measuring about ____ decimal, lying and situated in R.S. Plot Number
____, corresponding L.R. Plot Number ____, Recorded in R.S. Khatian Number _____ and L.R.
Khatian Number ____, at Mouza _____, J.L. Number _____, Touzi Number ______, under
Police Station __________, Registration Sub-District _________, in the district of
________________, more fully and particularly described in the schedule here under written and
hereafter referred to as the "SCHEDULE PROPERTY”.
ANDWHEREAS the SCHEDULE PROPERTY was the self acquired property of __________,
deceased father of the SELLER and he purchased the same from Sri __________________, son
of _____________ of _________________________________, by virtue of a Sale Deed dated
________________, registered in the office of the _____________________________, in Book
1, Volume No. ____, Pages ____ to _____, Being Number ___________ for the Year _____.
ANDWHEREAS the said _________ died in-estate on _________ leaving behind his only son
namely, Sri _______________, the SELLER herein, as the only legal heir.
ANDWHEREAS the SELLER herein, as the only legal heirs of the deceased ____________,
have become the absolute owner of the SCHEDULE PROPERTY since the death of his father
_____________ on and he has been enjoying the same with absolute right, title and interest sice
then and he has clear and marketable title to the SCHEDULE PROPERTY.
ANDWHEREAS the SELLER being in need of funds to meet his personal commitments and family
expenses have decided to sell the SCHEDULE PROPERTY and the PURCHASER has agreed to purchase the
same.
ANDWHEREAS the SELLER agreed to sell, convey and transfer the SCHEDULE PROPERTY to the
PURCHASER for a total consideration of Rs._________ (Rupees
___________________________) only and the PURCHASER herein agreed to purchase the same for the
aforesaid consideration and to that effect the parties entered into an agreement on the
_________________ .
NOW THIS DEED OF SALE WITNESSETH:
1. THAT in pursuance of the aforesaid agreement and in consideration of a sum of Rs._________
(Rupees ___________________________) only received by the SELLER in
cash/cheque/bankdraft and upon receipt of the said entire consideration of Rs._________ (Rupees
___________________________) only (the SELLER doth hereby admit, acknowledge, acquit, release
and discharge the PURCHASER from making further payment thereof) the SELLER doth hereby sells,
conveys, transfers, and assigns unto and to the use of the PURCHASER the SCHEDULE PROPERTY
together with the water ways, easements, advantages and appurtenances, and all estate, rights, title
and interest of the SELLER to and upon the SCHEDULE PROPERTY TO HAVE AND TO HOLD the
SCHEDULE PROPERTY hereby conveyed unto the PURCHASER absolutely and forever.
2. THAT THE SELLER DOTH HEREBY COVENANT WITH THE PURCHASER AS FOLLOWS:

i. That the SCHEDULE PROPERTY shall be quietly and peacefully entered into and held and enjoyed
by the PURCHASER without any interference, interruption, or disturbance from the SELLER or
any person claiming through or under him.

ii. That the SELLER have absolute right, title and full power to sell, convey and transfer unto the
PURCHASER by way of absolute sale and that the SELLER have not done anything or knowingly
suffered anything whereby their right and power to sell and convey the SCHEDULE PROPERTY to
the PURCHASER is diminished.

iii. That the property is not subjected to any encumbrances, mortgages, charges, lien, attachments,
claim, demand, acquisition proceedings by Government or any kind whatsoever and should
thereby and the SELLER shall discharge the same from and out of his own fund and keep the
PURCHASER indemnified.

iv. That the SELLER hereby declares with the PURCHASER that the SELLER have paid all the taxes,
rates and other outgoings due to local bodies, revenue, urban and other authorities in respect of
the SCHEDULE PROPERTY up to the date of execution of this sale deed and the PURCHASER shall
bear and pay the same hereafter. If any arrears are found due for the earlier period, the same
shall be discharged/borne by the SELLER.

v. That the SELLER have handed over the vacant possession of the SCHEDULE PROPERTY to the
PURCHASER on ___________ and delivered the connected original title document in respect of
the SCHEDULE PROPERTY hereby conveyed on the date of execution of these presents.

vi. That the SELLER will at all times and at the cost of the PURCHASER execute, register or cause to
be done, all such acts and deeds for perfecting the title to the PURCHASER in the property
hereby sold and conveyed herein.
 vii. That the SELLER do hereby covenants and assures that the PURCHASER is entitled to have
mutation of his name in all public records, local body and also obtain all documents in the name
of the PURCHASER and undertakes to execute any deed in this respect.

SCHEDULE OF PROPERTY
All that piece and parcel of _____ land measuring about _____ decimal, lying and situated in
R.S. Plot Number ____, corresponding L.R. plot Number ____, Recorded in R.S. Khatian
Number ____ and L.R. Khatian Number ____, at Mouza _____, J.L. Number ____, Touzi
Number _______, under Police Station ______, Registration Sub-District ______, in the district
of ____________, butted and bounded by:
On the North :
On the South :
On the East :
On the West :
IN WITNESS WHEREOF the SELLER and the PURCHASER have set their signatures on the day
month and year first above written.
______________________________
SELLER
______________________________
PURCHASER
WITNESSES:
1.

2.
13. b Lease Deed
DRAFT LEASE AGREEMENT (RESIDENTIAL)
This Deed of Lease Executed at on this day of……. between

(1) Smt/Shri ................

now residing
at .....................................................................................................................................
(hereinafter referred to as LESSOR which term shall include her/his legal representative and
assigns)
and
(2) United India Insurance Company Ltd. a Limited liability Company incorporated
under the Companies Act, 1956 now having its registered office at 24, Whites Road, Chennai
600014 and represented herein by its Chairman-cum-Managing Director through his power of
Attorney holder Shri….......................................................
(hereinafter referred to as LESSEE which term shall include its successors in interest).

Whereas the LESSOR has offered to let on lease the premises (described in the Schedule
hereunder and hereinafter referred to as Demised premises) to the LESSEE for the residential
accommodation of any of its Officers for a monthly rent of Rs. per month
(Rupees.....................................) which offer has been accepted by the LESSEE subject to the
terms and conditions set out hereunder:

THIS INDENTURE WITNESSETH

1. In pursuance of the above said recital, the LESSOR hereby lets on lease the Demised Premises
to the LESSEE for a monthly rent of Rs. (Rupees

2. This lease will be for a period of

3. The LESSOR hereby covenants that :

(i) He is in lawful possession of the premises
(ii) He will keep the premises in good tenantable condition by attending to its necessary repairs
and periodical whitewashing and painting of the said premises.
(iii)He will see that all the taxes, rents and levies due in respect of the Demised premises to the
Govt./Local Body are promptly and regularly paid.
(iv)To permit the LESSEE to remove from the premises at the expiration or sooner the
termination of the tenancy all fixtures and fittings installed by the LESSEE in the DEMISED
PREMISES.
(v) To permit the LESSEE paying the monthly rent hereby reserved and observing the
covenants on either part herein contained to use, occupy and enjoy the premises without any
disturbance or interruption by the LESSOR or any other person lawfully claiming by,
through or under him or in trust for him and the LESSEE is a tenant of the Lessor.

4. The LESSEE hereby covenants that it will,

(i) Pay the monthly rent of Rs. (Rupees ) as stated above due for a month on or before the
Seventh day of the succeeding English Calendar Month
ii. Keep the Demised Premises clean and tidy.
iii. Pay the water and electricity charges promptly and regularly.
iv. Permit the LESSOR and persons authorised by him to enter, to inspect and/or attend to any
necessary repairs relating to the Demised Premises.
v. Not to alter or construct new in the Demised premises, except providing removable
partitions,
fittings, fixtures, electrical installations, etc. and
vi. The LESSEE shall hand over possession of the said premises to the LESSOR on the expiry of
the period of lease fixed herein the same state and condition as on the date of occupation but
subject to natural wear and tear due to ordinary use and lapse of time.

5. The LESSEE has paid the LESSOR Rs.................(Rupees...............................................) as

Deposit to be adjusted from the monthly rental against notice period.

6. IT IS MUTUALLY AGREED BETWEEN THE PARTIES THAT the cost of stamp papers
in respect of this lease and the duplicate and of the renewed lease and its duplicate if any
shall be borne by the Lessee.

7.Notwithstanding anything contained above, the lease can be terminated by giving one month
notice period by Lessee.

SCHEDULE
Premises bearing Flat No.......... , Plot no.......... , Locality / Road / Street …............... City,
comprising a total/plinth/carpet area of approx............ sq.ft. bounded on
North by :
East by :
West by :
South by :

IN WITNESS WHEREOF THE PARTIES HEREUNTO set their hands on the day, month and
year first above written.

LESSEE: LESSOR :
Witnesses: (Signature with name and address)
1.
2.

13. C
Refer the Study material provided by
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