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DPC 2 - Roll No. 202 - Div D

The document discusses the key elements of a mortgage deed in India. It defines a mortgage as the transfer of interest in a property to secure a loan. It explains that a mortgage deed contains the terms and conditions of the mortgage and legalizes the lender's rights over the pledged property. The summary includes the essential elements that must be included in a mortgage deed like the parties, property details, repayment terms, possession and redemption rights.

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Shubham Patel
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0% found this document useful (0 votes)
76 views35 pages

DPC 2 - Roll No. 202 - Div D

The document discusses the key elements of a mortgage deed in India. It defines a mortgage as the transfer of interest in a property to secure a loan. It explains that a mortgage deed contains the terms and conditions of the mortgage and legalizes the lender's rights over the pledged property. The summary includes the essential elements that must be included in a mortgage deed like the parties, property details, repayment terms, possession and redemption rights.

Uploaded by

Shubham Patel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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DPC-II

NAME: SHUBHAM PATEL


DIV: D
ROLL NO: 202
AY: 2021-22
1. Simple Mortgage Deed and English Mortgage Deed
2. Partnership Deed
3. Gift Deed
4. Leave and License Agreement
5. Sale Deed
In India, Mortgage is governed under Section 58 to 104 of the Transfer of
Property Act, 1882. A Mortgage can be defined as the transfer of interests in
a specific property to secure the loan advanced or to be advanced in the
future. In other words, we can say that when any person takes a loan from
anyone, some security is required to be kept with the lender to have the
assurance that in case of default in the repayment of the loan, the lender can
recover his money from that security. 

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”.

What is a 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

Registration of mortgage deed is essential to give legal validity to the


document. In case of Mortgage by Delivery of Title Deed, registration is not
required. Following are the conditions which need to be fulfilled for a valid
registration:

 The deed must be signed by the Mortgage.

 At least two witnesses must attest to the deed.

 Stamp duty must be paid accordingly; otherwise, the document is


not enforceable.

Why is the Mortgage Deed required?

 The first and foremost requirement of the mortgage deed is to


determine the parties to the deed, i.e. the Borrower/Mortgagor and
the lender/Mortgagee.

 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 deed gives a thorough investigation as to the interest and title


over the property. It helps to determine the rightful owner of the
mortgaged property.
 The mortgage deed helps to determine the loan amount and the rate
of interest.

 The mortgage deed also gives the right to the mortgagee to take
possession of the property, if specified in the Contract.

 The mortgage deed acts as evidence that the property is transferred


to the lender.

Essential elements of Mortgage Deed

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. 

Description of the Deed 

It is essential to specify the title of the deed in capital letters for example
“THE DEED OF MORTGAGE.”

Details of the property

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

Recitals in a contract are the introductory statements disclosing the intention


of the parties to enter into the Contract. The recital is also called the
preamble containing a few characteristics of the agreement. It usually starts
with a sentence like “Whereas the mortgagor has agreed” or “whereby the
mortgagor has the rights”. 

Covenant for repayment

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.

 The mortgagor shall repay all the other costs.

 If it is specifically mentioned in the clause that the mortgagor


cannot lease the mortgaged property without taking the prior
permission of the mortgagee, the former cannot do so without the
consent of the latter.

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

This clause is an essential clause in the mortgage deed as it specifies the


treatment of mortgaged property in case the mortgagor is declared
insolvent. 
Required Documents

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

Redemption is again the most important and fundamental right possessed by


the mortgagor. It is an essential attribute of the transaction of the Mortgage.
It’s a statutory right given to the mortgagor under Section 60 of the Act. The
clause specifies the tenure of the mortgage deed as to when the mortgagor is
entitled to get his property back. The clause says that on payment of the
principal and interest after the expiry of the due date for the repayment of
money, how the property is supposed to go back to the real owner of the
mortgaged property. 

Attestation and stamp duty

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

THIS DEED of Mortgage is made on 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.

WHEREAS the Mortgagor is absolutely seized and possessed of or


otherwise is well and sufficiently entitled the property intended to be hereby
mortgaged which is free from all encumbrances and attachments.

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.

NOW THIS DEED WITNESSES, that in pursuance of the said agreement


and in consideration of the sum of Rs.……… paid to the Mortgagor by the
Mortgagee simultaneously with the execution of these presents the receipt
whereof the Mortgagor do hereby admit, acknowledge and confirm, the
Mortgagor do hereby agree with the Mortgagee that the Mortgagor will on
or before the …….. day of ……..…….. 2020, pay or cause to be paid to the
Mortgagee the sum of Rs…….. with interest for the same in the meantime at
the rate of Rs…….. per cent, per annum, such interest to be paid monthly
and every month on the 7th of each following month without any delay or
default.
AND THIS DEED FURTHER WITNESSETH that as a security for the
repayment of the said loan with interest, the said ‘AB’ do hereby charge,
assure and mortgage, by way of simple mortgage, upto and in favour of the
said ‘CD’ all property specifically described in the Schedule hereto annexed,
and charge and assure the same by way of security for the repayment of the
said sum of Rs. ………….. together with interest thereon at the rate
of……… per cent, per annum;

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;

AND THE INDENTURE FURTHER WITNESSETH and it is hereby


agreed and declared by and between the parties that in case the said sum of
Rs.………….. with interest thereon at the stipulated rate is not paid within
the time and in the manner as aforesaid, it shall be lawful for the Mortgagee
to enforce this mortgage and to cause the property or any portion sold and
appropriate the proceeds towards satisfaction of the mortgage debt provided,
however, that in the event of any short-fall or deficiency, i.e. should the
claim be not then satisfied, the

Mortgagee shall be entitled to recover the balance personally as against the


Mortgagor who shall be entitled to redeem the said mortgage at his option
by payment of the amount of mortgage debt inclusive of interest at any time
before the…………..day of………….. 2020.
AND THIS INDENTURE FURTHER WITNESSETH that the Mortgagor
do hereby covenant with the Mortgagee that notwithstanding any act, deed
or thing here before done, executed, performed or suffered to the contrary,
the Mortgagor has good title, full power and absolute authority to charge,
assure and mortgage the said property in the manner hereunder effected and
that the same is free from all encumbrances and attachments.

The Schedule above referred to

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.

NOW THIS INDENTURE WITNESSETH that in consideration of the sum


of Rs…………………..……….. this day paid to the said ‘AB’ by the said
‘CD’ (the receipt whereof the said ‘AB’ hereby acknowledges), the
Mortgagor here by agrees with the covenant to pay to the Mortgagee on the
……………….………….. day of…………..………….. the sum of
Rs………….. with interest thereon in the meantime at the rate of
Rs………….. per cent per annum computed from the date of this deed such
interest to be paid monthly and every month on the 15th of every current
month.

NOW THIS INDENTURE also witnesses that for the consideration


aforesaid the said ‘AB’ as the beneficial owner, do hereby grant, transfer
convey unto and to the use of the said ‘CD’ all that etc. (describe the
property): TO HAVE AND TO HOLD the same absolutely and forever
PROVIDED ALWAYS that if the Mortgagor shall pay or cause to be paid
the sum of Rs………….. with interest thereon, on the………….. day
of………….., according to the foregoing agreement in that behalf, the
Mortgagee, his heirs, representatives or assigns shall, at the request and costs
of the Mortgagor, his heirs, representatives or assigns, reconvey to him or
them as he or they shall direct, 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

It is not mandatory to have a partnership deed but highly recommended so to


avoid disputes and have transparency in business. The agreement can be
made between two or more individuals, but it’s mandatory to be signed by
all the partners.

Features of a Partnership business

 At least 2 members are  mandatory for the start of a partnership


businessIf it’s a Banking business partnership member limit would be
10 or less than 10.
 There is no minimum capital limit to start a partnership business.
 The profit/loss ratio should be decided and mentioned on Partnership
deeds.
 The member limit for a non-banking partnership is 20 or less than 20.

Benefit or importance of Partnership Deeds

It is extremely important to have a written partnership deed with the partner.


Registration of partnership deeds is the call of all the partners. Partnership
deeds can be in oral format also but the drawback with oral format is that has
no value for tax purpose and in a case or any dispute there won’t exist any
legal documents to resolve the query. Also if any partner changes from
his/her words then the rest of the partners won’t have any legal documents as
proof to be used against the guilty partner. So it’s advisable to have a written
partnership deed with all the partner according to their capital investment

 It provides clear transparency about the role, responsibility, and


liability to each partner.
 Helps in avoidance of misunderstanding between the partners, as all
the terms and conditions have been laid down in the partnership deeds
 Any disputes between the partners can be easily resolved based on
terms and conditions laid down in the partnership deed.
 Helps in the clearance of doubts regarding profit/loss share ratio.
 It clearly defined the role of each partner towards the business and
what rights have been entitled to them as the partner of the business
 It gives a clear understanding of the salary, commission that will be
paid, or interest that will be paid to partners for their capital. Or in
case if they withdraw capital from business what interest they would
have to pay if applicable.
Details mentioned on partnership deed 

The business of the firm-Name / addresses of all the partners. Undertaking


the business

Duration of partnership– Date of establishment of business and the term of


the partnership. Terms and conditions to dissolve the partnership.

Sharing of Profits/Loss– It’s mandatory to mention the profit /loss share


ratio of each partner so that in case of any dispute it can be used as a referral.

Salary and commission– Mentioning the ratio or percentage of salary


and remuneration paid to partners.

Contribution of capital- Capital invested by each partner and interest that


the business would pay should be mentioned respectively

Partners Withdrawing– Rights of each partner to withdraw capital and the


interest that would be charged if applicable should be mentioned on
partnership deeds. Paying interest to the partner on the capital invested is a
way to reward the partners for investing the capital. Although it reduces the
profit and loss share.

Rules for admission in a new partner- It is mandatory to mention the rules


which need to be followed while admitting new partners and eligibility
criteria if any.

Rules for the dissolving of partnership– Rules for the dissolving of


partnership in case of death of any partner, or any disputes or retirement
should be mentioned on deeds to maintain transparency between the
partners.

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.

Sharing inventory, network, and Resources- The main aim of any


business is financial stability, when people from different firms and
experiences come together they bring in resources and networks of all types
Amy it is many power or consumers. A business partnership runs on sharing
of networks. One may know but due to lack of resources or capital, the
business can go into a downfall.

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

THIS DEED OF PARTNERSHIP is executed at New Delhi on this ……day


of ……..

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.

WHEREAS the First Party is in occupation as a tenant of property


measuring 1000 sq. ft. on the ground floor bearing No. E-1 Ram Nagar,
Delhi.

AND WHEREAS the First Party is desirous of carrying on the business of


interior decoration and the Second Party, being experienced in this trade, has
approached the First Party to run this business with him jointly in
partnership. AND WHEREAS the parties have agreed to commence and run
the business of interior decoration, furnishing, manufacture and sale of
furnishing, manufacture and sale of furniture, soft furnishing and accessories
in partnership.

NOW, THEREFORE, THIS DEED WITNESSES AS UNDER:

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.

4. That the business of the partnership shall be interior decoration,


furnishing, manufacture and sale of furniture, soft furnishing and
accessories. However, the parties will also be entitled to extend their
activities into business or manufacturing of any other item as well.

5. The shares of the parties in the profits and losses shall be as follows:

i) First Party – 51% ii) Second Party – 49%

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.

7. The partnership shall maintain regular books of accounts in accordance


with the customs of trade and all dealings of the partnership shall be duly
recorded in the same. The account books etc. shall be maintained in the
place of business at E-1 Ram Nagar, Delhi.
8. Each of the partners shall be entitled to withdraw a sum of Rs. 2000/-
every month which shall be adjustable in the final profit and loss account to
be prepared every year.

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

THIS GIFT DEED is made and executed on this ……………….day of


Month of ………… of the Year …………, at…………………

BETWEEN

(Name) son/daughter/wife of (Father’s/Husband’s name), Age……Marital


Status………,(Profession),
(Nationality),Resident,of………………………………holding, Aadhar card
No…………………(hereinafter called the DONOR) of the one part.

AND

(Name) son/daughter/wife of (Father’s/Husband’s name),, Age……Marital


Status………, (Professional Status), ( Nationality), Resident of
………………………………holding Aadhar card No…………………
(hereinafter called the DONEE) of the other part.

The expressions of the DONOR and the DONEE shall mean and include
their respective heirs, successors, executors, nominees, assignees,
administrators and legal representatives etc.

AND WHEREAS the DONOR is the owner and in possession of the


property having been purchased/acquired vide registered sale deed as
document No. ………………, Addl. Book-I-- --, Vol. No…………
pages ...to...., on date ……………………duly regd. in the office of
SR………

(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.

NOW THIS GIFT DEED WITNESSETH AS UNDER: (1) That the


DONOR does hereby donate/gift the property,______________________
__________, UNTO _________________ S/O, D/O, W/O
__________________, R/O, 125 ______________ on account of great love
and affection for him/her being HIS/HER_______________ (Relation)

(2) The possession of the aforesaid PROPERTY UNDER


DONATION/GIFT has been handed-over/ delivered to the DONEE by the
DONOR.

(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:

1. Mr. P son of ______ Resident of _______

2. Mr. Q son of ______ Resident of _______


Leave and License Agreement

THIS AGREEMENT is made at...... this...... day of ……......., 2007, between


Mr. A hereinafter referred to as 'the Licensor' of the One Part and Mr. B of
…………… hereinafter referred to as the 'Licensee' of the Other Part, as
follows;

WHEREAS the Licensor is the owner of a piece of land


at………………………... bearing Survey No ... with a building consisting
of …………. floor ...... having built up area of about ..... square feet.

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;

NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS


FOLLOWS.

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.

9. The Licensee shall not be deemed to be in the exclusive occupation of the


licensed premises and the Licensor will have the right to enter upon the
premises at any time during working hours to inspect the premises.

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.

Signed by the within named Licensor Shri ................


in the presence
of ............

Signed by the within named Licensee Shri ..............


in the presence of .........
SALE DEED

THIS SALE DEED is made at …………on this …………day of……….

BETWEEN

Mr…… aged……..s/o……….r/o…..(hereinafter referred to as the


VENDOR which expression shall, unless repugnant to the context or
meaning thereof shall mean and include his heirs, executors, administrators
and assigns of the FIRST PART).

AND

Mr……. aged ……….s/o……….r/o…..(hereinafter referred to as the


VENDEE/PURCHASER which expression shall, unless repugnant to the
context or meaning thereof shall mean and include his heirs, executors,
administrators and assigns of the SECOND PART).

WHEREAS the vendor purchased a freehold residential plot measuring 300


sq. yds. and bearing No.170 in ‘M’ Block of the residential colony known as
Greater Kailash Part-II, New Delhi vide sale deed dated 6.8.85 registered in
the office of the Sub-Registrar, New Delhi as document No. 5560 Addl.
Book No. I, Vol. No. 5318 at pages 136 to 152 on 6.8.85. The
aforementioned plot is bounded as under:-

EAST ... ROAD NORTH … PLOT NO. M-168


WEST… SERVICE LANE SOUTH… PLOT NO. M-172

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.

NOW THIS SALE DEED WITNESSES AS FOLLOWS:

1. That in pursuance of this agreement, the Vendor has already received


from the Vendee a sum of Rs. 2,00,000/0 (Rupees two lacs only) as part sale
consideration, the receipt of which the Vendor hereby admit and
acknowledge.

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.

3. That is view of the amount of sale consideration received, the Vendor


hereby grant, convey and transfer all his rights, titles and interests as held on
the date hereof in the said part of basement and part of First Floor of the said
property together with undivided, indivisible and impartible proportionate
ownership rights on the land underneath the said building, on the terms and
conditions contained herein, provided that common staircase, water tanks
and other common facilities, fittings etc. shall be used and enjoyed by the
Vendee alongwith other owners/occupants of the said building.

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.

7. That the Vendee/occupants shall have no right to use or affix or exhibit


any display boards or any big writing or any sing boards at the external face
of the said building.

8. That all expenses of registration, Corporation tax etc. have been borne
and paid by the Vendee.

9. That charges for maintenance/consumption for common amenities such as


lights in staircases etc. and booster and charges for major repairs etc. shall be
paid by the owners of all the portions proportionately.

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

Details of the property to be mentioned.

IN WITNESS WHEREOF parties hereunto have signed this document on


the date and place first above written in the presence of following witnesses.

VENDOR

VENDEE

WITNESSES:

(1)

(2)

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