DPC 2 - Roll No. 202 - Div D
DPC 2 - Roll No. 202 - Div D
The person who mortgages his property against the loan is called
“Mortgagor.” Whereas the person to whom the property is mortgaged is
called Mortgagee” and the terms and conditions related to mortgages are
contained in the “Mortgage Deed”.
Section 55(2) of the Act, talks about some relevant covenants or agreements
which the parties are required to enter into for the conveyance of immovable
property such as lease, sale, Mortgage, gifts etc. The mortgage deed is an
instrument or a legal document containing terms and conditions relating to
the Mortgage. The deed provides the lender with the interest and legal rights
over the property. All the rights and interests over the property that the
borrower has pledged as collateral are legalized in the Mortgage Deed. In
case of any default or failure to pay the loan amount, the lender can claim
his legal rights over the property.
Registration of Mortgage Deed
The deed enforces the rights of the lender in the Court. It ensures
that in case of the default or delay in repayment of the loan, the
lender will get paid by selling the property.
The mortgagee has the right to foreclose on the property in case the
mortgagor stops paying or breaches the terms of the Contract.
The mortgage deed also gives the right to the mortgagee to take
possession of the property, if specified in the Contract.
Parties
It is essential to specify the name of the mortgagor and the mortgagee in the
mortgage deed. The person who transfers the interest of his property as
collateral to take a loan is called mortgagor, whereas the person to whom
such interest is transferred is called the mortgagee. It must be noted that the
mortgagor must be competent to enter into a contract as per under the Indian
Contract Act, 1872 whereas the mortgagee may be a minor. He may not be
competent as per the Contract Law.
It is essential to specify the title of the deed in capital letters for example
“THE DEED OF MORTGAGE.”
In this clause, all the material description of the mortgaged property should
be specified. For e.g.: the location of the property, the value of the property,
its specification and all the material facts which need to be disclosed should
be mentioned.
Recital
This clause specifies the modes and conditions for the repayment of the loan
amount. The clause also recites the consideration and tenure for the
repayment of the mortgaged money. It also specifies what the conditions are
when the mortgagor wants to pay the loan before the stipulated time period.
Mortgage Clause
This clause highlights the type of Mortgage the parties have agreed. It is the
most important clause of the mortgage deed as all the rights and duties of
both the parties are dependent on the type of Mortgage by which the
property is being mortgaged. Say for example, in the English Mortgage the
mortgagee has the absolute right to sell the property. While the simple
mortgage possession of the property is not necessary. The clause also
describes the duty of the mortgagee and mortgagor like:
In case the mortgagee has repaired the property, he can claim the
money from the mortgagor if given in the Contract.
Possession
The clause decided whether the mortgagor has the right to exercise
possession over the mortgaged property or not. It also depends upon the type
of Mortgage you are choosing to mortgage the property. E.g., in the simple
Mortgage, the possession may remain with the mortgagor.
Title deeds
The above clause clarifies as to what title deeds need to be transferred to the
mortgagee. If it is given in the clause that all the title deeds related to the
mortgaged property must be given to the mortgagee, then the mortgagor
shall transfer all the documents of the title deed to the mortgagee.
Insolvency
In this clause, all the documents which are necessary for making the deed
valid and identifying the parties are specified. For e.g.: PAN card, Adhar
card, Passport, Bank passbook, Property Documents, Voter’s ID, Driving
License.
Redemption clause
It is pertinent to state that the mortgage deed shall be duly registered and
stamped to have legal validity. In case of a Simple mortgage, if the deed is
not signed, registered and attested by at least two witnesses, it is equivalent
to not having a contract in the first place. The criteria of attestation and
registration depend upon the kind of Mortgage. There are some kinds of
mortgages that require no registration and attestation if the principal money
is less than 100 rupees.
Deed of Simple Mortgage
AND WHEREAS the Mortgagee has agreed to lend and advance a sum of
Rs. ………….. to the Mortgagor at his request upon having the repayment
thereof, with interest at the rate hereunder stated and secured in the manner
hereinafter expressed.
AND THE Mortgagor does hereby agree and covenant with the Mortgagee
that he will pay or cause to be paid to the
Mortgagor the principal sum aforesaid, together with the interest then due,
on or before the ………….. day of………….. 2020, without delay or
default;
IN WITNESS WHEREOF the parties herein under have set their hands on
the day and year hereinabove mentioned. Witnesses:
1. ........................... MORTGAGOR
2. ........................... MORTGAGEE
English Mortgage Deed
THIS MORTGAGE made the ……day of ….2020, BETWEEN ‘AB’ of, etc.
(hereinafter called the “Mortgagor”) of the One Part, and ‘CD’ of, etc.
(hereinafter called the “Mortgagee”) of the Other Part. WITNESSES
WHEREAS the Mortgagor is absolutely seized and possessed or is
otherwise well and sufficiently entitled to an absolute estate of inheritance or
an estate equivalent thereto free from encumbrances to the lands,
hereditaments……………………….. fully mentioned and described in the
Schedule hereto AND whereas the Mortgagor having occasion to borrow a
sum of Rs. ….………….. approached the Mortgagee which the Mortgagee
has agreed to lend and advance on having repayment thereof with interest
at………….. per cent per annum and secured by a conveyance by way of
mortgage of the said property.
AND THAT the Mortgagor do hereby covenant unto the Mortgagee that the
Mortgagor has absolute title to the land, hereditaments, messages and
premises hereby granted and conveyed and that the Mortgagor has good
right, full power, absolute authority and indefeasible title to grant, convey,
transfer, assign and assure the same unto and to the use of the Mortgagee in
the manner hereinbefore indicated and further the Mortgagor and all persons
having lawfully or equitably any estate or interest in the same shall at all
time hereafter during the continuance of the security do execute or perform
or cause to be done, executed and performed all such further or other acts,
deeds and things as may be reasonably required for further and more
perfectly assuring the same unto and in favour of the Mortgagee.
Provided, however, and it is further agreed by and between the parties that
if the Mortgagor commits any default in payment of the principal amount on
the due date or any three instalments of interest, whether they have been
demanded or not it shall be lawful for the Mortgagee to institute a suit for
sale and to have a Receiver appointed over the mortgaged property.
IN WITNESS WHEREOF the parties herein under have set their hands on
the date and year hereinabove mentioned in the presence of:
1. ...........................‘AB’
2. ........................... ‘CD’
Partnership Deed is a written document of rules and Regulations between
individuals who wish to start a business and share profit and losses. Various
terms such as asserts, admission of a new partner, salary, profit/loss
percentage all are mentioned on it. The minimum age to become a partner
and open a business is 18 years. The partnership deed play a very important
role during investment, profit /loss sharing /during legal matters. It can be
served as legal documents in the courtroom. A partnership deed describes
the roles and responsibilities of each partner towards the business, prepares
the partners for business scenarios, and also serves as a written record
between partners. Partnership Deed can be looked upon as a legal foundation
for starting a business, disciplines required for its smooth functioning, and
assurance of clear guidelines in case of disputes. Also, registration of
partnership deeds would make the firm eligible for PAN, the opening of
bank accounts, applying for bank loans, obtaining GST registration or IE
code or FSSAI license in name of the firm
Conclusion
Working towards a common goal– Partnership in business’s fulfill all the
requirements needed for the successful running of a business, when people
with a common goal, some may have good plans, some can have a healthy
risk management experience, some can take care of inventory making the
functioning of business smoother and healthier.
Maximizing profits- In partnership deeds all the partners must stay equally
passionate about making a profit, looks for plans and ways to execute to
make profits. Or it increases power for bargaining and decision making as
people have a different perspective for some things, which will bring all the
angles of a particular thing in the notice and help in taking fruitful decisions
and generation of profits and also at times of recovering if loss partners may
come with various plans
PARTNERSHIP DEED
BETWEEN
Sh. X S/o _____ R/o____, hereinafter called ‘THE FIRST PARTY’ which
expression shall mean and include his heirs, successors, executors and legal
representatives.
AND
Sh. Y S/o Sh. ____ R/o ______, hereinafter called ‘THE SECOND PARTY’
which expression shall mean and include his heirs, successors, executors and
legal representatives.
1. The name and style of this partnership business shall be M/s XYZ.
2. The business of this partnership shall be considered to have commenced
on………
3. That the principal place of business of this partnership shall be at E-1 Ram
nagar, Delhi. However, the same may be shifted or carried on elsewhere as
well with the mutual consent of both the parties from time to time.
5. The shares of the parties in the profits and losses shall be as follows:
6. The initial capital has been contributed by both the parties by investing a
sum of Rs. 15,000/- each. If and when more funds are required for the
business, the partners shall invest the same. However, any capital investment
of the partners shall not carry any interest. In case loans or deposits are
raised from outside i.e. friends and relations of the partner or the financial
institutions then only those loans or deposits, which are taken with the
written consent of both the partners and are entered in the books of accounts
of the partnership, shall be binding on the firm.
9. The First Party shall also be entitled to withdraw a sum of Rs. 5000/- per
month towards the rent he is paying to the Landlord in respect of the portion
of property no. E-1 Ram Nagar, Delhi
10. The tenancy rights in respect of property no. E-1 Ram Nagar, Delhi shall
always vest in the First Party and whenever the partnership is dissolved for
any reason whatsoever, the Second Party shall not be entitled to any right,
title or interest in the same.
11. That the partnership shall maintain proper books of accounts in the
normal course of business at the principal place of its business and the same
shall always be open for inspection to the partners.
12. That the first accounting period of the partnership shall close on 31st
March… and thereafter the financial year, shall run from 1st April every
year to 31st March of the subsequent of the English calendar.
13. That the bank accounts of the partnership and / or its branches shall be
operated under the signatures of any of the partners.
14. That at the close of the accounting period / year, a trial balance, profit
and loss account and balance-sheet etc. shall be prepared and the profit and
loss in the ration enumerated above shall be credited / debited to the capital
account of the partners.
15. That either of the parties would not be entitled to carry on similar or
competitive trade individually or in partnership and in any other manner.
16. The partnership shall be at Will. However, whenever any party intends to
dissolve the same or retire from the same, he shall give an advance notice of
15 days to the other party and during the period of notice, profit and loss
account, balance sheets shall be completed to finalize the accounts in
between as partiers as well as with the outsiders.
17. That in the event of any dispute arising between the parties with respect
to any clause of this document or the working of the partnership or for
anything indicated thereof, the same shall be decided by arbitration in
accordance with the provisions of the Arbitration Act and by no other
process. 18. That in all other matters not provided herein, the partnership
shall be governed by the Indian Partnership Act as applicable from time to
time.
IN WITNESS WHEREOF the parties have signed this document on the date
first above written in presence of the following witnesses.
FIRST PARTY
SECOND PARTY
WITNESSES
(1)
(2)
GIFT DEED
BETWEEN
AND
The expressions of the DONOR and the DONEE shall mean and include
their respective heirs, successors, executors, nominees, assignees,
administrators and legal representatives etc.
(This recital should be about how the vendors have acquired the title of the
property.)
AND WHEREAS the above PROPERTY, more particularly described in
schedule hereinbelow, is free from all sorts of encumbrances such as liens,
charges, claim, liabilities, acquisitions, injunctions or attachments from any
Court of Law, gifts, mortgages, demands, notices, notifications, legal
disputes, difference, prior sale and flaws etc. etc. and the DONOR is fully
entitled to dispose of the same.
AND WHEREAS the DONOR has great love and affection for the DONEE
being his/her…….(Relation).
AND WHEREAS the DONOR has agreed to GIFT, without any monetary
consideration the property described in Schedule hereinbelow UNTO the
DONEE and the DONEE has also agreed to accept the same.
(3) That the DONEE has now become the absolute and exclusive Owner
with all rights in the aforesaid PROPERTY UNDER DONATION/GIFT
from today and shall also enjoy all rights of Ownership etc. therein.
(4) The DONOR has now been left with no right, title, interests or liens etc.
whatsoever of any sort in the aforesaid PROPERTY UNDER
DONATION/GIFT henceforth after the execution/ registration of this GIFT
DEED. The property in question is free from acquisition neither by the Govt.
nor by any other authority.
(5) That the DONEE with HIS/ HER own funds shall get the PROPERTY
UNDER DONATION/GIFT transferred/mutated in his favour in the records
of Rights of Revenue Department on the basis of this GIFT DEED and
DONOR hereby conveys his No Objection for the mutation of the property
herein below mentioned under schedule, in the name of the DONEE.
(6) That the DONEE has accepted the GIFT of the said PROPERTY
UNDER DONATION / GIFT DEED and has also taken-over the possession
of the same from the DONOR.
(7) That the market value of the above mentioned PROPERTY UNDER
DONATION/GIFT has been assessed at Rs.___________
(Rupees_______________ only), as per Notification published in Official
Gazettee, Series; _____ No. __________. Dated: ___________
(8) That all the expenses of the GIFT DEED such as Stamp Duty, and
registration Fees etc. have been borne and paid by the DONOR/ DONEE.
(9) That all future taxes, cesses, rates or any other Govt. or Municipal dues
and demands in respect of the above mentioned PROPERTY UNDER
DONATION/GIFT shall be borne and paid by the DONEE.
(10) That all the Title Deeds/papers including previous title deed (in
originals) relating to the Gifted PROPERTY, herein below mentioned
UNDER DONATION/GIFT have been handedover/delivered to the DONEE
by the DONOR.
SCHEDULE (The complete description of the Property shall be stated here
which should include Survey Nos and Sub Division in case of Villages /
Chalta Nos, P.T. Sheet Nos in case of Cities, Area, and
Inscription/Description Nos along with Matriz Nos if avalaible) an
boundaries of the Properties)
East:
West:
North:
South:
DONOR
DONEE
WITNESSES:
AND WHEREAS the Licensee has approached the licensor with a request to
allow the Licensee to temporarily occupy and use a portion of the...... floor
of the said building, admeasuring about ...... square feet for carrying on
his ...... business, on leave and license basis until the Licensee gets other
more suitable accommodation.
AND WHEREAS the Licensor has agreed to grant leave and license to the
Licensee to occupy and use the said ground floor portion of the said building
and which portion is shown on the plan hereto annexed by red boundary line
on the following terms and conditions agreed to between the parties hereto;
1. The Licensor hereby grants leave and license to the Licensee to occupy
and use the said portion of the ground floor/....... floor of the said building of
the Licensor (hereinafter referred to as the Licensed Premises) for a period
of eleven months from ...... The Licensee agrees to vacate the said premises
even earlier if the Licensee secures any other accommodation in the locality
where the said premises are situated.
2. The Licensee shall pay to the Licensor a sum of Rs………..... per month
(calculated at the rate of Rs………..... per square foot) as License fee or
compensation to be paid in advance for each month on or before the...... day
of each month.
3. All the Municipal taxes and other taxes and levies in respect of the
licensed premises will be paid by the Licensor alone.
4. The electric charges and water charges for electric and water consumption
in the said licensed premises will be paid by the Licensee to the authorities
concerned and the Licensor will not be responsible for the same. For the
sake of convenience a separate electric and water meter if possible will be
provided in the said premises.
5. The Licensee will be allowed to use the open space near the entrance to
the licensed premises and shown on the said plan by green wash for parking
cars during working hours of the Licensee and not for any other time and no
car or other vehicle will be parked on any other part of the said plot.
6. The licensed premises will be used only for carrying on business and for
no other purpose.
7. The licensed premises have normal electricity fittings and fixtures. If the
Licensee desires to have any additional fittings and fixtures, the Licensee
may do so at his cost and in compliance with the rules. The Licensee shall
remove such fittings and fixtures on the termination of the license failing
which they shall be deemed to be the property of the Licensor.
8. The licensed premises are given to the Licensee on personal basis and the
Licensee will not be entitled to transfer the benefit of this agreement to
anybody else or will not be entitled to allow anybody else to occupy the
premises or any part thereof. Nothing in this agreement shall be deemed to
grant a lease and the licensee agrees and undertakes that no such contention
shall be taken up by the Licensee at any time.
10. The Licensee shall maintain the licensed premises in good condition and
will not cause any damage thereto. If any damage is caused to the premises
or any part thereof by the Licensee or his employees, servants or agents the
same will be made good by the Licensee at the cost of the Licensee either by
rectifying the damage or by paying cash compensation as may be determined
by the Licensor's Architect.
11. The Licensee shall not carry out any work of structural repairs or
additions or alterations to the said premises. Only such alterations or
additions as are not of structural type or of permanent nature may be allowed
to be made by the Licensee inside the premises with the previous permission
of the Licensor.
12. The Licensee shall not cause any nuisance or annoyance to the people-in
the neighbourhood or store any hazardous goods on the premises.
13. If the Licensee commits a breach of any term of this agreement then
notwithstanding anything herein contained the Licensor will be entitled to
terminate this agreement by fifteen days' prior notice to the Licensee.
14. On the expiration of the said term or period of the License or earlier
termination thereof, the Licensee shall hand over vacant and peaceful
possession of the Licensed premises to the Licensor in the same condition in
which the premises now exist subject to normal wear and tear. The
Licensee's occupation of the premises after such termination will be deemed
to be that of a trespasser.
IN WITNESS WHEREOF the parties hereto have put their hands the day
and year first hereinabove written.
BETWEEN
AND
AND WHEREAS the Vendor after purchasing the said plot, got the building
plan sanctioned from the Municipal Corporation of Delhi vide their
letter/file No. 400/B/85 dated 13.12.85. Then the Vendor caused
construction thereon of residential building on different floor levels.
AND WHEREAS the Vendor has agreed to sell and the Vendee has agreed
to purchase part of Basement (760 Sq. ft. approx), one front Bed Room of
the First Floor (with attached bath room and small balcony) of the said
building on ‘as is where is’ basis for a total consideration of Rs. 2,50,000/-
(Rupees two lacs and fifty thousand only) on the terms and conditions set
forth hereinafter.
2. The balance amount of Rs. 50,000/- (Rupees fifty thousand only) has been
paid by the Vendee to the Vendor by cheque No. 010806 dated 29.9.86
drawn on Central Bank of India, Kalkaji, New Delhi-110019.
4. That the Vendor is free to sell the remaining portion (s) of the said
residential building to any other party/parties with common rights for use of
common entrances, common passages, staircases, water tanks, common
facilities etc. and the Vendee will not make any objection thereto.
5. That the Vendor assures that the sale of the said residential
portion/domestic storage space is free from attachment, tenancies gifts,
decree, prior sale and religious disputes and if it is proved otherwise at any
time and the Vendee suffers any loss due to any of the aforementioned
reasons, then the Vendor shall be liable to make good the loss thus suffered
by the Vendee.
6. That the Vendee has perused the original title deed, sanctioned plans. Sale
plans etc. and has fully satisfied herself.
8. That all expenses of registration, Corporation tax etc. have been borne
and paid by the Vendee.
10. That all taxes from the date of the Agreement to sell the said portion
shall be borne and paid by the Vendee. If assessment of taxes in not made
separately for each portion, then all the owners of the said building shall pay
such charges proportionately directly to the authorities concerned and the
Vendor shall in no way be responsible for the same.
11. That the Vendee shall keep the said property in properly repaired and
good condition and shall not do anything or omit to do anything which may
endanger or affect the other portions of the said building or hinder the proper
and reasonable use of such portions by the other owners/occupants of the
said building.
12. That the existing use of the said portion of first floor is residential and
that on Basement domestic storage. The Vendee shall neither use the said
portion for any illegal, immoral or commercial purpose nor use it so as to
cause annoyance or nuisance to the other owners/occupants of the said
building. Common parts e.g. staircase, passage, driveway etc. will in no case
be used for keeping/chaining pets/does or any other animal/bird or storing
cycles, scooter, motor-cycles etc.
13. The Vendee has also satisfied herself about the soundness of the title of
the Vendor and his power to sell the said portion in the manner stated herein.
14. While building is under construction, the Vendee shall have the right to
make at her own discretion any internal alternations (except structural) in the
said portion at her own cost and expenses.
15. That the Vendee shall not construct anything whatsoever upon or
overhanging the said land or the portion of the said land kept uncovered and
unbuilt upon the building (including terrace). The Vendee shall not make
any alterations involving structural changes in the said protion/building. The
Vendee shall have no right to use the terrace at the top of the building.
16. That the Vendee and owners/occupants (alongwith servants/workmen) of
all the portions of the said building will have full right for access to booster
pump (tubewell), water meter, sewer tank, overhead water tank etc. at all
reasonable times only on notice (except in the case of emergency) to get
their underground and overhead tanks, booster pump etc. repaired/cleaned.
17. That Photostat copies of title deeds etc. have been handed over by the
Vendor to the Vendee and physical, vacant possession of the said
floor/portion has also been taken by the Vendee.
18. That this transaction has taken place at New Delhi. As such Delhi Court
shall have exclusive jurisdiction to entertain any dispute arising out of or in
any way touching or concerning this deed.
SCHEDULE OF PROPERTY
VENDOR
VENDEE
WITNESSES:
(1)
(2)