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DPC Notes

This document is a petition for probate filed in the Bombay High Court. It provides details of the deceased such as name, date of death, legal heirs. It states that the petitioner is one of the three executors appointed by the deceased in his will. Schedules are annexed listing the assets and legal heirs of the deceased. Affidavits of the attesting witnesses are also attached waiving service of citation. The petition seeks probate of the will to administer the deceased's estate.

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Molika Agrawal
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0% found this document useful (0 votes)
268 views

DPC Notes

This document is a petition for probate filed in the Bombay High Court. It provides details of the deceased such as name, date of death, legal heirs. It states that the petitioner is one of the three executors appointed by the deceased in his will. Schedules are annexed listing the assets and legal heirs of the deceased. Affidavits of the attesting witnesses are also attached waiving service of citation. The petition seeks probate of the will to administer the deceased's estate.

Uploaded by

Molika Agrawal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Introduction

Language is an effective means of communication and most important tool for thinking and self-
expression. In a larger context, language is more than grammar and vocabulary as it embodies a
distinctive world view and is connected with experiences, perception, reference and source of
information.

Indeed, without language, we could not have a cultured, civilised society. It is unifying and creative
force, empowering people to understand problems and to solve them and therefore there is a strong
interconnection between the thinking process and language.

It is well said that- From writing comes names, from names come words, and words express all the
meaning. It means how does one convey what one is thinking- that is language.

1863- Abraham Lincoln Speech- Government of the people, by the people, or the people, shall not
perish from this world, he defined philosophy of the Governments.

Recipe for good writing

1. Condition of brain = Quality of Drafting


2. Clear thinking = Clear Language
3. Scrambled, Confused or cultured thinking = Scrambled, gibberish, ambiguous, muddled,
repetitive, unintelligible, language incapable of conveying intent.
4. Hyper tense condition of Brain= Not conducive to good drafting
5. Marshalling of thoughts in a clearing manner= Paves way for good drafting

Language is the tool of communication

A] Essentials of Good Drafting

1. Clear thinking
2. Command over language
3. Clarity
4. Precision
5. No ambiguity
6. No repetition

B] Essence of Drafting

YES NO
Clear Must not give rise to multiple interpretations
Unambiguous Not Verbose, Not Lengthy
Definite- Conclusive No Tautology
Coherent Not Repetitive
Precise Not Confused
Concise Devoid of Superfluous words
Anglo-Saxon language No Roman or Latin language
Legal Drafting

Legal Drafting is the synthesis of law, facts and language.

Transfer of property; Succession Act; Law of Marriage; Companies Act; Law of Partnerships; Contract
Act; Stamp Act; Registration Act; Plaints, Written Statements, Affidavits, Summons, Notice of
Motion; etc.

Q. Define Conveyance and Why Conveyance?

Conveyance is the synthesis of law, facts and language in a written form.

Law: Law is the Foundation


Facts: Facts are the Structure
Language: Language is the Architecture

-Contract Act, IPC, CrPC, Registration Act, Partnership Act were introduced by the Britishers.
Conveyancing was bot documented.
-Every transaction should be documented to be proved and that is why one must make a
conveyance.

Conveyancing: Conveyancing is the art and science of creating, effecting, transferring or


extinguishing interest or title in immovable property from one person to another. This will take the
form of a sale, lease, gift or mortgage of immovable property.

Q. Law interns are slaves of law firms or are exploited by lawyers for their own benefit.

Q. Title of Property – Interest of Owner.


Title of Owner.

Q. Index II of Property Card

Q. Draft a will of ABC

➢ Will is not required to be registered.

➢ Requirements- Attested by 2 witnesses, who must see the Testator sign the will in their presence
and they must attest the will in the presence of the testator. Not required to be on Stamp paper.

➢ Will is the only deed/document that takes effect after the death of the Testator.

➢ Executor’s job is to act as a Trustee to administer the estate of the deceased.


1. I, ABC of Mumbai, Indian Inhabitant, residing at ________, do hereby revoke all former wills,
codicils, and other testamentary dispositions made by me, if any, and declare this to be my
last will and testament. (Name & Revocation clause)
2. I appoint __________ as the Executor of this will who shall have the right to appoint one or
more persons as ‘Executors’ in case of dire necessities. (Appointment of executor clause)
3. My family comprises of my wife ____ and my 2 children- _____, _______.
4. My estate comprises the following :
A] Residential Premises situate on ____(hereinafter referred to as “Residential Premises”)
where I reside with my family members;
B]Farm House situate at ______;
C] Flat, Building, Lane, City_ (hereinafter referred to as “2nd Property”);
D] Investments in shares, units, mutual funds, fixed deposits in banks and companies and
saving accounts in SBI, IDFC, ICICI;
E] Royalty in C Jamnadas and Company, the Publishers of my books.

I GIVE, DEVISE AND BEQUEATH, creating life interest in favor of my wife, creating proviso not
to lie in

5. I give, devise and bequeath my residential premises to my eldest daughter ____ absolutely
subject to a life interest in the said premises to my wife ____ with the condition that said
premises shall not be sold during the lifetime of my wife.
6. I give, devise and bequeath my 2nd property to _______, my younger daughter, absolutely
who shall own and possess the said flat for her use absolutely.
7. I give, devise and bequeath my farmhouse ____, to both daughters in equal proportion.
My daughters may sell the farmhouse with the express permission of my wife subject to the
condition that they shall purchase a flat in Mumbai in joint names of my wife and
themselves.
8. I give, devise and bequeath my investments _____to my wife ____, daughters_____,
_______ in equal proportion.
9. I give, devise and bequeath the rest and residuary of my estate to my two daughters ____,
______ in equal proportion.

IN WITNESS THEREOF I have set my hands to my will this 29th day of March 2023.

SIGNED by the abovenamed Testator ____


as and for his last Will and Testament, in
presence of us, both being present at
the same time who at his request
and in his presence and I presence of
each other have hereto subscribed
our names as witnesses
1.
2.
Q] CODICIL

➢ A codicil does not have the effect of revoking the earlier will, it adds or subtracts any matter.
➢ Never overstate matter/case in a will.
➢ A will/ petition for probate of a will can be challenged by filing a caveat in the HC.
➢ Caveat means beware/take caution.
➢ Format:

I, ABC, an Indian inhabitant, residing at _____, say as follows- I have made my will dated
____ by which I have stipulated the manner in which my legacies should be administered. I
confirm the same.

As a result of new development by which I have received a new legacy from my father, I am
making this Codicil to state that, the sum of Rs.5 crores which shall come to my estate shall
be given to my friend XYZ who will receive the same and will spend towards the tuition fees
of backward class students.

I confirm that the rest of the contents of my will remains the same.

This codicil shall be read as a part of my will dated ____

Q] Testimony Petition

➢ When a person dies making a will it is called Testate. When no will is made and a person dies it is
called Intestate.
➢ With a will- ‘Petition of Probate’
➢ Without a will- ‘Petition for letters of administration’.
➢ When a person dies without appointment of an Executor then a petition for letters of
administration is filed.
➢ Notice issued by the court in testamentary matter is known as CITATION
➢ Petition of probate/ letters of administration- schedule to be given in Roman-Tabular form.
Maximum Probate fee- 75,000/-

Q] Petition for Probate

IN THE HIGH COURT OF JUDICATURE AT BOMBAY


ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS TESTAMENTARY AND INTESTATE JURISDICTION
T & I PETITION NO. ____OF 2023

In the matter of the


Last Will and Testament
Dated __________
ABC, residing at ____,
A film actor by profession …………………….Deceased
XYZ, residing at ____. .…………………….Petitioner

The Petitioner states as follows:

1. By his will dated ____ means (the deceased), appointed the petitioner as one of the three
executors of the last Will and Testimony. Two of whom have decided not to join in the petition
and renounce/waive their rights to file the petition.
2. The deceased died in Mumbai on _____ herein annexed and marked as Exhibit A is a copy of the
Death Certificate issued by MCGM.
3. The deceased died leaving his wife ____ and 2 sons ___ and ____ and 1 daughter ______ as his
only legal heirs and successors according to the Hindu Law of Succession by which he was
governed.

The particulars of the legal heirs are as follows:

Name Address Age Designation

1.
2.
The deceased left behind estate moveable and immovable property, particulars thereof in
Schedule I annexed hereto.

To the best of knowledge of the petitioner, the deceased did not have any of the legal heirs save
and except those disclosed in Para 3 of the petition. All legal heirs mentioned in Para 3 have
given their respective no.

4. The will of the Deceased was attested by EFG & PQR. Objection and waiver service of the
Citation upon them in terms of their respective affidavits annexed hereto.

The estate of the deceased both moveable and immovable is situate in the State of Maharashtra
and therefore this Hon’ble Court has jurisdiction to try and entertain this petition.

The petitioner has paid maximum court fees of Rs.5000 on this petition.

The petitioner will rely upon documents, a list thereof is annexed hereto.

The petitioner prays:-


This Hon’ble Court may please to grant probate in respect of will of the deceased leaving XYZ
hereto having effect throughout the State of Maharashtra for such further and other relief as
this Hon’ble Court may deem fit.

Verification

Wherein Petition I, _____, residing at ______, do hereby solemnly declare and affirm what is
stated in the aforesaid petition is based on information and relief from the records of the
deceased which I believe to be true.
Q. Components of a Deed

1) Beginning part: Name of the Deed, Place, Date, Parties (Individuals, Company, Partnerships)

2) Recitals: Narration of the factual history concerning the matter in chronological order, past to
present

3) Operating part:

A) Testatum: “NOW THIS DEED WITNESSTH AND IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES AS FOLLOWS” [Q]

B)Operative part: -Consideration

-Description of the property

-All estate clause (conveys property) [Q]

-Habendum Clause (to have and to hold exceptions and reservations) [Q]

-Covenants (Title encumbrances, right to convey, quiet and peaceful possession…)

4) Testimonium: IN WITNESS WHEREOF the parties have set their respective hands to this on_(Date)
day of _(Month and Year)_ hereinabove mentioned.

-Schedule of property

-Execution of signing clause

5)Attestation: Mandatory attestation by TWO witnesses required in will, deed of gift and mortgage.

__________________________________________________________________________________

-Every Document is divided into two parts: 1) Recital; 2) Operative Part

- An Agreement cannot or does not _____ _____ in a property or an agreement ______ _______
_______ interest or title in a property from one person to another.

-Property Card (Malmatta Patrak): This is reflected in Index II after the property is registered. [Q]

-Stamp Duty varies from place to place (5% in Mumbai); It is to be calculated on the Market value of
the property and not the document value. Stamp duty officer decides the Market value of the
property.

-Ready Reckoner Rate: Government’s estimate of minimum property value.


Q] Draft an agreement for development of property-

Articles of Agreement made at Mumbai on this 13th day of January, 2023, between _Venil Ali_ of
Mumbai, an Indian inhabitant, residing at Salman Qureshi_, hereinafter referred to as the Owner
(which expression shall unless repugnant to the context or meaning mean and include their heirs,
executors, administrators and successors) of the one part and _XYZ__ of Mumbai, Indian inhabitant,
residing at ______, hereinafter referred to as the Developer (which expression shall unless
repugnant to the context or meaning thereof mean and include their heirs, executors,
administrators and successors.) of the other part.

A. Pursuant to the Indenture of Conveyance entered into between Prakash Jadhav on one part
and Hassan Ali on the other part, registered at the office of the Sub Registrar of Assurance in
Bombay in Book no. 1 and Serial no. ___, the said Prakash Jadhav sold and conveyed to
Hassan Ali all the piece and parcel of land bearing Survey no. ___ and C.T.S. No.___
admeasuring 2000 sq. metres equivalent to ___ sq. yards delineated on the plan thereof
hereto annexed and shown thereon surrounded by brown coloured boundary line situate at
Goregaon (hereinafter referred to as the said land)
B. The said Hassan Ali constructed on the said land a building comprising ground and 5 storeys
in which there were 20 tenements/flats. In accordance with the provision of all applicable
laws and permissions and sanctions granted by the Municipal Corporation of Greater
Bombay.
C. The said Hassan Ali retained with him 2 (tenements) flats and created Tenancy Rights in
respect of the remaining 18 flats/ tenements.
D. The said Hassan Ali died in Mumbai in 1975 leaving one son Hyder Ali and one daughter Naqi
Ali and only 2 children as legal heirs. The said Naqi Ali died without getting married and
therefore without having any children and accordingly the son Hyder Ali inherited the
property by himself.
E. Hyder Ali died in Mumbai in 2005 leaving a will by which he bequeathed the said land and
building to his only daughter Venil Ali.
F. The owner filed a petition in the High Court of Bombay and obtained Probate in respect of
the will of the father.
G. In circumstances aforesaid, the owner is the absolute owner of the property and has
represented to the developer that no other person has any right or claim in respect of the
said property and that she has the absolute right to deal with the same.
H. The owner has represented that she does not have the requisite financial resources or the
expertise to develop properties.
I. The developer has represented to the owner that he has the financial resources and
expertise to develop properties.
J. Relying on the representation of the developer the owner has agreed to grant him
development rights of the said property on the terms and conditions hereinafter set out.
[Testatum Clause (Q)]

Now this Agreement Witnesseth and it is hereby agreed by and between the parties hereto as
follows-

Para I- In consideration of the owner granting to the developer development rights in respect of the
property comprising open plot of land admeasuring ___ sq. metres together with the building
standing thereon of ground and 5 storeys situate at Goregaon (hereinafter referred to as the said
property).

The developer shall pay to the owner an agreed sum of Rs. 10 crore and allot one flat admeasuring
1000 sq.fts. in the following manner-

a) A sum of Rs.2 crores on execution hereof receipt thereof received, hereof the owner hereby
admits and acknowledge;
b) A sum of Rs.3 crores on the owner causing to produce the certificate of marketable title,
within 3 months of the execution hereof. Time being the essence of Contract;
c) A sum of Rs.3 crores on the onus causing the tenant to vacate their respective premises and
putting the developer in possession of the property for limited purpose of demolition of the
existing structure and for the purpose of developing the property;
d) The balance Rs.2 crores on owner executing the deed of conveyance in favour of the
developer or his nominee

Para II- The developer shall develop the property at his own cost and expenses and shall be entitled
to do all such acts and things as are legally necessary and requisite to develop the property and in
particular:-

a) To cause to prepare plans and specifications of the proposed building and submit the same
to the Municipal Corporation of Greater Bombay for its approval;
b) To obtain at his own cost Transferable Development Rights [TDR] and load the same on the
building to avail of additional Floor Space Index [FSI] for the purpose of developing the
property;
c) To sell the premises constructed by him and execute agreements in that behalf and
appropriate the purchase consideration;
d) To appoint architects, structural engineers and contractors and labourers for the purpose of
developing the property at his own risk as to liability arising out of accidents and deaths that
may occur in the course of the development of the property;
e) To apply for and obtain water and electricity connection for the purpose of development
work;
f) To obtain completion and occupation certificate from the BMC upon the completion of the
project.

Para III- The developer agrees and undertakes to complete the project within 24 months of the date
of obtaining the commencement certificate, time being the essence of the contract
Para IV- The owner thus hereby undertakes and covenants as under:

a) She is the absolute owner of the property and that no one else other than herself has any
claim or demand in respect of the said property;
b) She has not mortgaged the property or encumbered it in any way whatsoever;
c) She has not entered into any agreement for sale or leave and license and lease and
agreement to lease in respect of the property and nor has she received any consideration
from any person on that behalf;
d) She has had her father’s will probated and is thus the absolute legal owner of the property.

Para V- The developer thus hereby undertakes and covenants as under-

a) He shall pay the consideration as set out in Clause I hereof;


b) He shall develop the said property in accordance with the provisions of all applicable laws
and in particular section 33(7) of the MHADA Act and not commit a breach of any law
whatsoever;
c) He shall complete the project within 24 months of obtaining the commencement certificate
and not delaying the project for any reason whatsoever;
d) He shall not assign the benefits of this agreement to any person/persons without the
express written permission of the owner. Provided however the agreement shall be on the
same condition of such conditions as are agreeable to the owner;
e) He shall not part with the possession unless he obtains the occupancy certificate from BMC.

Para VI- In the event of the developer failing to pay the consideration as stipulated in Clause I, hereof
the owner shall be entitled to terminate this agreement by giving 30 days’ notice to the developer to
rectify his breach, failing which this agreement shall stand terminated forthwith and shall also be
entitled to forfeit the amount so far received from the developer.

This Agreement shall be subject to the jurisdiction of courts in Mumbai alone.

Para VII- Stamp Duty and Registration Fee in respect of these presents shall be paid, borne by the
developer alone.

Testimonium- IN WITNESS WHEREOF the parties hereto have set their respective hands to these
presents, the day and the year first herein above written.

Schedule of the Property.

Signed and Delivered


By within named
Developer
ABC/-
Receipt Clause- Received from developer a sum of Rs. 2 crores as earnest.
Q] Draft a Deed of Conveyance in request of land and building developed by the developer

This deed of conveyance made in Mumbai on _____ of January in the Christian year 2023.
BETWEEN

Mrs. Venil Ali of Mumbai ________, (hereinafter referred to as the ‘owner’) (which expression
shall unless repugnant to the context or the meaning thereof mean and shall include here heirs,
executors, administrators and successors) of FIRST PART
AND
Mr. Salman Qureshi of Mumbai _____ (hereinafter referred to as the ‘developer’) (which
expression shall unless repugnant to the context or the meaning thereof mean and shall include
here heirs, executors, administrators and successors) of SECOND PART
AND
______Housing Society which has was constituted under the Maharashtra Co-operative Societies
Act, 1960 (hereinafter referred to as the ‘purchaser’) which expression shall unless repugnant to
the context or the meaning thereof mean and shall include here heirs, executors, administrators
and successors) of THIRD PART

WHEREAS:
a) The owner is the absolute owner of _____ and well entitled to and seized of _____ (Property
Details ) (hereinafter referred to as the ‘property’).
b) Pursuant to the agreement for development dated ____ entered into between the owner
and the developer, the owner granted development rights to the developer in request of the
said property, whereupon the developer developed the said property by demolishing the
existing structure and constructing thereon a new building of Wing A and Wing B of ground
and 7 storey in accordance with the plans sanctioned in that behalf and as further applicable
laws entered.
c) Pursuant to the development of the property, the developer executed agreements for the
allotment of permanent alternate accommodation in favour of the tenants in the old
structure and put them in possession of the premises in Wing B of the new building and sold
the new premises in Wing A to the purchasers thereof by executing agreement for sale and
appropriated for himself the purchase consideration therefore.
d) At the request of the developer, the owner has agreed to convey the property comprising
land to the purchaser upon the receipt of sum of Rs.2 crores on the terms and conditions
hereinafter set out.

Q]Testatum Clause: NOW THIS DEED WITNESSTH AND IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES AS FOLLOWS:

1. In consideration of the sum of Rs.2 crores paid by the developer which together with the sum of
Rs.8 crores aggregating in all to Rs.10 crores the owner doth CONVEY, TRANSFER AND ASSURE
UNTO THE ABSOLUTELY ____(details of the Land and Building) together with the compound and
compound wall delineated on the plan thereof hereto annexed and the building (shown thereon
in blue stripes and the land and the conveyance in red colour boundary line) more particularly
described in the schedule thereunder written. (Hereinafter referred to as the said property).
TOGETHER WITH ALL rights, privileges and benefits, including right of way, easementary rights
and the right to receive profits and rent in respect of the premises hereby sold and conveyed.

2. TO HAVE AND TO HOLD the said property and premises to the use and benefit of the purchaser
(2) absolutely forever SUBJECT TO THE payment of all, rents, rates, taxes, annulments, dues and
levies now chargeable and payable from time to time hereinafter payable to the Government of
or the Municipal Corporation of Greater Mumbai or any other local authority.
12 Marks Q.

on Covenants AND the owner doth hereby covenant with the purchaser that-
1) The owner now has in himself good right and full power to convey and transfer by way
Covenant of title of sale, the said piece and parcel of land and other, the premises hereby conveyed or
intended so to be upto and to the ease of the purchaser in the manner aforesaid.
2) The Purchaser may from time to time and at all times hereinafter peaceably and quietly
enter upon, occupy and enjoy the said land and premises hereby conveyed with their
Covenant of quiet
enjoyment appurtenances, and received the rents, issues and profits thereof and in every part
thereof for its own use and benefit without any suit, lawful eviction or interruption,
claim and demand whatsoever from or by her, the owner or her heirs or any of them or
by any person or persons claiming or to claim from under or in trust for her or any of
them.

3) The purchaser shall hold the said property and premises free and clear and freely and
clearly and absolutely exonerated and forever released and discharged or otherwise by
Covenant against
post encumbrances the owner and well and sufficiently saved, defended, kept harmless and indemnified of,
and past defects
from and against all former and other estates, titles, charges and encumbrances made,
occasioned and suffered by the owner or by any other person or persons claiming or to
claim by from under or in trust for her.

4) A promise of no encumbrance, past or present. Assurance of having taken care of all


defects which may have occurred in the past and a promise of indemnification for any
lapses in future.

5) The owner and all persons having or claiming any estate, right, title or interest in the
said property and premises hereby conveyed or any part thereof by, from, under or in
Covenant of future
encumbrances
trust for the owner or her heirs, executors or administrators or any of them shall and will
from time to time and at all times hereafter at the request and costs of the Purchaser do
and execute and cause to be done and executed all such further and other lawful acts,
deed, things, whatsoever for better and more perfectly and absolutely granting the said
property and premises and every part thereof hereby conveyed into and to the use of
the purchaser in the manner aforesaid as by the purchaser, its successors and assignees
as shall be reasonably required.

3. And it hereby declared and agreed by and between the parties hereto that stamp duty and
registration fee in respect of the presents and all other deeds and documents shall be paid
by the developer / purchaser.
Testimonium: IN WITNESS WHEREOF the parties hereto has set their respective hands to these
presents the day and the year first hereinabove written.

Schedule of the property-

Signed and Delivered


by within named
developer
ABC/-

Receipt clause – Received from the developer a sum of Rs.2 crores as earnest

Q] Draft a Power of Attorney from owner to the developer.

TO ALL TO WHOM THESE PRESENTS SHALL COME I _____, SEND GREETINGS, WHEREAS

A) I am the absolute owner of and well entitled to flat ___, building ___, situate ___, and has right
title and interest in 5 shares of face value of Rs.50/- each bearing distinctive no. ___, issued
under share certificate no. ____, by CHSL ___, (hereinafter referred to as the ‘property’).
B) Being unable to develop my property on my own I have executed an agreement dated ____
granting development rights to ____ in respect of the property on the terms and conditions set
out in the said agreement.
C) I am not in a position to attend to matters relating to the property and its development and
hence I am appointing __________ to perform acts and deeds set out thereof.

NOW KNOW YE ALL AND THESE PRESENTS THAT I _____ NOMINATE AND APPOINT _______ AS MY
ATTORNEY IN FACT AND AT LAW TO ACT FOR ME AND ON MY BEHALF TO DO AND PERFORM THE
FOLLOWING ACTS AND, DEEDS AND THINGS:

1. Upon payment of sum of ₹ 4 crores to the me [the Owner], to enter upon the said property as a
Licencee for the purpose of demolishing the present structures and constructing on the said
property, a new building in accordance with the plans and specifications of the BMC and other
planning authorities.
2. To cause to prepare the plans and specifications and submit the same to BMC and all concerned
authorities and for the said purpose, to sign, execute and verify the submissions, undertakings and
indemnities required to be submitted to the said authorities.
3. To appoint architects and structural engineers and other contractors and labourers for the
purpose of the work of developing the property.
4. To load on the said property, TDR, so as to avail of additional FSI for the purpose of developing the
property.
5. To negotiate with the tenants of the building, the terms and conditions of causing them to vacate
their respective tenements in lieu of obtaining temporary alternate accommodation, on such terms
and conditions as may be settled by and between my attorney and the tenants.
6. To enter into agreements for sale of the flats which may be constructed in the new building with
the purchasers thereof and receive and appropriate the purchase consideration paid by them.
7. To file suits or petitions or any other process in a court of competent jurisdiction, against any
person / persons, and for the said purpose, to sign, execute, verify and declare, plaints, written
statements, affidavits, writs, petitions, applications and indemnities and submit the same to the said
courts.
8. To accept writs of summons and various processes from a court / tribunal / authority of
competent jurisdiction, from and on my behalf, and issue valid receipts therefore.
9. To make applications to BMC and other planning authorities for obtaining Commencement
Certificate, Occupation Certificate, Completion Certificate and other certificates, to avail the benefits
thereunder, as required and for that purpose, sign and execute on that behalf.
10. To do all other things, acts and deeds which are legally necessary, proper and requisite, for the
purpose of developing the property and completing the project in accordance with the applicable
provisions of law.
11. To execute and cause to execute all agreements and deeds, including the deed of conveyance to
be executed in favour of the cooperative society or the condominium of apartments or the limited
company as the case may be, and to pay the requisite stamp duty on such documents and to lodge
the said deed of conveyance at the office of the sub-registrar of assurance and to admit execution of
the said deed of conveyance in the presence of the Sub-Registrar of Assurance and obtain valid
receipt in that behalf from the office of the Sub-Registrar of Assurance.

AND I hereby confirm and agree to confirm and ratify all acts and deeds made and done by my
attorney in the premise hereinabove mentioned, PROVIDED HOWEVER, my attorney performs his
acts and deeds at his cost, expenses and liability, without recourse to me, and it is HEREBY
DECLARED, that the powers herein granted shall subsist until the completion of the entire project of
development and the sale of the premises therein is completed. (Alternative: The powers hereunder
granted shall be irrevocable.)

IN WITNESS WHEREOF, the parties have set the respective hands to these presents/ deed/
indenture, the day and the year, the first year and abovementioned.

[SCHEDULE OF THE PROPERTY]

Q] Draft a Gift deed:

This deed of Gift made at Mumbai the 1st day of February in the Christian Year 2023, between ABC of
Mumbai, an Indian inhabitant residing at _____, (hereinafter referred to as the ‘donor’) (which
expression shall unless repugnant to the context or the meaning thereof mean and include here
heirs, executors, administrators and successors. ) of ONE PART

AND

XYZ of Mumbai, an Indian inhabitant residing at ___, (hereinafter referred to as the ‘donee’) (which
expression shall unless repugnant to the context or the meaning thereof mean and include here
heirs, executors, administrators and successors. ) of OTHER PART
(Recitals)

WHEREAS,

A) The donor is the absolute owner of and well entitled to flat ___, building ___, situate ___, and
has right title and interest in 5 shares of face value of Rs.50/- each bearing distinctive no. ___,
issued under share certificate no. ____, by CHSL ___, (hereinafter referred to as the ‘Society’).
B) The donor is desirous of conveying his right, title and interest in the said premises to the donee,
who is his son, out of natural love and affection which he has for him, on the terms and
conditions hereinafter set out.

NOW THIS DEED WITNESSETH AND IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

1. The donor hereby transfers, conveys and assures onto the donee:
a) Shares bearing no. ___, issued under share certificate no. ___ of ___ society and flat no.
____, building ____, situate ____.

(Conveyance)

As and by way of Gift free of cost to the Donee out of Natural Love and Affection which he
has for the donee who is his son.

Together with all rights, privileges, benefits, including the right to possess, use and occupy
the said premises and to have and to hold the same, subject to the payment of outgoing of
society and all taxes and duties imposed by the Government or the MCGM or any other local
authorities.

2. The Donor hereby covenants that he is the absolute owner of the said premises and that no
one other than himself has any right in respect thereof and that he has not encumbered the
said premises or created any charge of whatsoever nature in interest thereof.
3. The stamp duty and registration of the respective premises shall be borne and paid by the
donee who shall be entitled to use the premises without any interference, interruption from
the donor or any one claiming or perpetrating to claim from or under him.

Testimonium clause + Attestation

NOTICES

➢ In which cases is a statutory notice required:


Notice is not a pre-requisite except in the following cases:
a) Winding up of a company
b) S.80 of CPC for a suit against the Government
c) S.138 of Negotiable Instruments Act
d) Notice to evict a tenant under the rent act (30 Days’ notice)
e) S.154 of BMC act, BMC has to give the notice (if it is for eviction).
Q] Draft a legal notice for Winding Up of a Company.

By Registered Post AD,

GLC Limited,

A Road, Churchgate

Mumbai

Dear Sirs,

We act for ____, having their office at ____. Our client is the manufacturer of and dealer in college
and school furniture such as black boards, desks, benches and chairs.

Pursuant to the order placed by you (hereinafter referred to as the ‘college’). Our client supplied to
you 200 benches, 25 black boards, 50 chairs (hereinafter referred to as the ‘products’). Receipt of
which was acknowledged by the College by an endorsement on the delivery challan. Soon thereafter
our client furnished to you with their invoice in the sum of Rs. 25 Lakhs being the value of the
products supplied to you. In acknowledgement and consideration of the receipt and use of the
products, you paid to our client a sum of Rs. 10,000/- on 20th December 2020.

However, despite several requests both in oral and in writing you have failed and neglected to pay
our client the balance Rs.24,90,000/-, where our clients represented to visit the college, the cashier
of the college informed that the college has not received the general grant and therefore they were
unable to pay for the products.

To pay the required Rs.24,90,000/-, a meeting with the Principal of the College proved futile as she
also expressed inability to pay the dues. By its letter dated 1st December 2022, our clients called
upon the college to pay its dues failing which the matter would be handed over to his legal advisor.
By its reply dated 20th December 2022 the college admitted its debt but expressed inability to pay
the same due to paucity of funds from the government.

In the circumstances aforesaid our client has now instructed us to call upon you to pay the sum of
Rs.24,90,000/- together with interest thereon at 18% per annum within 3 weeks of the receipt of
this notice failing which our client shall file a winding up proceeding in the court of the competent
jurisdiction as you are unable to pay your debts and there is a clear admission on your part that you
have no liquidity to pay the debts.

This notice has been addressed to by registered court AD and by courier.

Yours Faithfully,

_____________
Q] Draft a Company Petition for the winding up of the Company

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGIINAL CIVIL JURISDICTION

COMPANY PETITION NO.____ OF 2023

IN THE MATTER OF:

COMPANIES ACT, 2013

IN THE MATTER OF

WINDING UP OF:

GLC LTD. ……………….Respondent

ABC ………………...Petitioner

The Hon’ble Chief Justice and the Puisne Judges of this Hon’ble Court. The humble petition of the
petitioner SHEWETH,

A) The Petitioner is a partnership firm constituted under the Indian Partnership Act, 1932 and
carries on business as a manufacturer and dealer in furniture products especially school and
college furniture. GLC Ltd. (hereinafter referred to as the ‘Company) is a company
incorporated under the Companies Act, 2013 and has its registered office at _______
building near Churchgate Station, Mumbai. The company is an educational institution
imparting legal education to students who eventually qualify as lawyers.

B) According to the objects clause of the company, the company conducts two courses in law
one a 5year course and another a 3 year course upon the completion of which the students
appear for the BLS LLB and LL.B. examinations.

C) The authorised share capital of the company in Rs. ____, divided into equity shares of Rs.10
each, the issued and paid up capital of the company is Rs. ____ divided into ____ equity
shares of Rs.10 each. The petitioner craves leave to refer to MOA and AOA of the company
and the balance sheet of the company ended 31st March 2017.

D) Pursuant to the order placed by the company on ____. The Petitioner supplied the company
200 benches, 25 blackboards and 50 chairs (hereinafter referred to as the ‘Products’) more
particularly described in exhibit ‘A’ hereto. The products were delivered to the company on
_____ and accepted by the company by endorsing the challan, a copy whereof is annexed
hereto as exhibit ‘B’. On ____ the petitioner furnished to the company its invoice in the sum
of Rs. 25 Lakhs being the cost of products supplied to the company. In acceptance of the
products the company paid to the petitioner a sum of Rs.10,000/- cheque dated___.
E) Although the company paid Rs.10,000 on ___it failed to pay Rs.24,90,000/- or any part
thereof since then. The petitioner called upon to pay the balance sum of Rs.24.90 Lakhs both
in oral and in writing but in vain, hereto annexed and marked as exhibit ‘C’ and ‘D’ addressed
to the company.

F) Since there was an inordinate delay in receiving the payment, the petitioner learnt that the
company was going through a financial crisis and also that the salary of the teachers has not
been paid in last 3-5 years. This being so, despite their students paid their fees from year to
year. On ___2022, the petitioner partner met some of the teachers of GLC Ltd, who were
not of any help. Upon meeting the principal the petitioner was informed that the company
does not have adequate funds to meet its day to day expenses and the petitioner should
wait for some time.

G) Despite the partners further telephonic calls, there was no response. On an inspection on
the records of the ROC it is ascertained that the company has not filed the balance sheets of
annual accounts and annual reports for the last 5 years. It is also ascertained that the
company is heavily indebted to financial institutions and banks and that the position of the
building has been mortgaged to Maharashtra State Financial Corporation to secure the debt
payable by the company.

H) Eventually by its advocate’s letter dated ___, the petitioner put on records the facts and to
pay Rs.___, within 3 weeks of the receipt of the notice, a copy whereof is annexed and
marked as Exhibit ‘E’.

I) The Notice has been received by the company as the AD receipt has been received by the
petitioner. Despite receiving the notice the company has not paid the balance amount or
any part thereof and nor has it submitted any explanation for the same.

J) In the circumstances aforesaid the petitioner states that the company is insolvent and
unable to pay the dues. The company also has heavy dues to repay and is in an unsound
financial condition. The petitioner states that the company be wound up by and under the
order of the Hon’ble Court.

K) The Petitioner will rely upon the documents, the list whereof is annexed hereto.

L) The registered office of the company is in Mumbai and this Hon’ble court has jurisdiction to
try and entertain this petition.

M) The Petitioner prays that:

1. The Hon’ble court be pleased to order winding up of the Company;


2. The Hon’ble court be pleased to appoint the official liquidator attached to Bombay HC
and thereafter as the liquidator of the company;
3. For such other and further reliefs as this court may deem fit.
Q] Draft a Suit for Specific Performance of Obligations mentioned in the Agreement for Reversal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT NO. ___ OF 2023

Siddharth Kate
Indian inhabitant ………Petitioner
Versus

Bindu Dave
Indian inhabitant ……..Defendant

The Hon’ble Chief Justice and puisne Judges of this Hon’ble court. The humble petition of the
Petitioner SHEWETH,

1. The Plaintiff carries on business as developer of properties and as a builder, address mentioned
and has a place of business annexed in the causelist. The defendant is the owner of the property
(description of the property) and resides at the address shown in the causelist.

2. Pursuant to the agreement for development dated _____, entered into between the P and D,
the D granted development rights to respect of property comprising land and building
(description), more particularly described in exhibit ‘A’ annexed hereto (hereinafter referred to
as the said ‘Property’).

3. Some of the relevant clauses of the said property for development are reproduced for
convenience and easy reference.

1. (Clauses)
2.
4. The plaintiff craves leave to refer to and rely upon the said agreement for development.

5. Pursuant to the development rights granted to P, P submitted applications to the BMC and other
planning authorities to obtain their permission for the construction of 2 buildings in place of the
existing structure. The P also appointed architects and structural engineers for the purpose of
demolishing the existing buildings and constructing thereon new buildings in accordance with
the plans approved by the BMC. P also applied for water and electricity connections and for all
the aforesaid spent considerable amount of money by a way of fees and other charges. The P
also sought and obtained TDR to avail additional FSI for which a considerable amount of money
was spent as well.

6. Although D was obligated to produce the Certificate of Title (“COT”) and cause the tenants to be
vacated within 3 months of the execution of the Agreement of Development (“AOD”), she
neither produced the COT, nor took any steps to vacate the tenants. P reminded D to comply
with her obligations, more particularly in clause ___ to the AOD, P also reminded D that he has
spent a considerable amount of money in furtherance of AOD and informed D that he had the
money to pay her as promised in the AOD. Despite several reminders, D did not respond
positively to P.

7. By his letter dated_____, P offered to pay D the sum of Rs. 3 crores provided she produced the
COT and cause to vacate the tenants. Hereto annexed and marked as exhibit __ is a copy of the
said letter dated ___. D neither replied to the said letter nor fulfilled the obligations as promised
in clause__ of the AOD. The P apprehends that D is not fulfilling the obligations because she may
have conducted negotiations with other parties who may have offered her better financial
terms. In the said AOD, D cannot assign the benefits of this agreement to anybody or create
third party rights in respect of the said property.

8. By his advocate’s letter dated ___, P called upon D to comply with her obligations, more
particularly said in clause ___ of the AOD, failing which D shall face legal consequences. Hereto
annexed and marked is a copy of said advocate’s letter, as exhibit __.

9. Despite the passage of 30 days from receiving the letter, D has shown no signs of either
producing the COT or vacating the tenants.

10. P states that the delay caused by D is causing tremendous loss to him. D’s silence and inaction
does not augur well and this Hon’ble Court be pleased to protect the property as well as P’s
right.

[Q] The conduct of D will cause irreparable harm and prejudice to P. (The balance of
convenience is in favour of P, on the other hand no harm or prejudice will be caused to D).

11. The D was obligated to fulfil her obligations set out in clause __, within 3 months of the
execution of the agreement. However, it is now more than 7 months and the D has not taken
any steps to fulfil her obligations and therefore this Hon’ble Court be pleased to direct D to fulfil
her obligations.

12. P and D reside in Mumbai, P carries on business in Mumbai, the suit property is situate in
Mumbai and therefore this Hon’ble Court has jurisdiction to try and entertain this suit.

13. P has valued the property at Rs.10 crores and has paid maximum court fees of Rs. 3 lakhs on the
suit.

14. P will rely upon documents, the list is annexed hereto as exhibit__.

15. The suit is within time and not barred by law of limitation.

16. The P therefore prays:

a. This Hon’ble Court be pleased to direct D to specifically perform her obligations mentioned
in clause __ of AOD,
b. In the alternative, this Hon’ble Court may please to direct D to pay P sum of Rs.___ already
spent by him in furtherance of development rights granted to him,
c. This Hon’ble Court may be pleased to pass an order of injunction restraining D from selling
or disposing off or frittering away or creating third party rights in respect of the suit
property,
d. This Hon’ble Court may be pleased to direct D to pay a sum of ___ as damages on non-
fulfilment of her obligations,
e. The HC may be pleased to appoint a Court receiver with all the powers under CPC,1908,
f. Pending the hearing or final disposal of this suit, the HC may be pleased to provide Interim
reliefs in terms of D&E hereof,
g. For Ad-Interim reliefs or prayers D &E hereof for costs,
h. For such further or other reliefs as this HC may deem fit
i. Pending the hearing and final disposal of the suit, this Hon’ble Court may be pleased to
order Attachment before Judgment of the suit property more particularly described in
exhibit ___ of the plaint.

➢ Conveyance- A License creates a transfer of interest from one person to another.

➢ Demise- It is a word peculiar to a lease. S.105 & 107 of the TOPA. Lease is a species of
transfer of interest whereby the owner of the property retains the ownership but right of
possession and enjoyment is with the lessee.

Whereby the owner transfers the right to another person whilst retaining ownership of the
property with him. This transfer of interest in conveyancing is called as a Demise.

Demise is of a long term nature. Leasehold land, MIDC, CIDCO are demised land.

➢ Possession- Enjoyment. Reversionary Interest- Ownership right is that which owner retains
and lessee has option of buying after a stipulated time.

Q] Draft an Agreement to Lease / Draft the operative clauses of Agreement to Lease [points 1-9]

This agreement to lease made at Mumbai the 11th day of February in the Christian Year 2023
between Kavita Salvi of Mumbai, an Indian inhabitant ( hereinafter referred to as ‘lessor’) of ONE
PART

AND

Siddhi Nair of Mumbai, an Indian inhabitant (hereinafter referred to as the ‘Lessee’) of OTHER PART

WHEREAS,
A) The lessor is absolutely entitled to as the owner of all that piece and parcel of land bearing
survey no.__, CTS no.___, admeasuring ____sq. mtrs, situate at ____ (hereinafter referred to
as the ‘Property’)

B) The lessee has approached the lessor to grant her leasehold rights in respect of the said
property for a period of 99 years, which the lessor has agreed to do on the terms and
conditions hereinafter set out.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BU AND BETWEEN THE PARTIES AS
FOLLOWS:

1. Lessor agrees to demise unto the lessee, plot of land bearing survey no. __, CTS No.__,
delineated on plan thereof, hereto annexed and marked and shown thereon by brown
coloured boundary line, more particularly described in the schedule thereof hereunder
written (hereinafter referred to as the said ‘demised property’) for a period of 99 years from
the date of execution of deed of lease.

2. In consideration of the lessor granting to the lessee the demised property as aforesaid, the
lessee shall pay to the lessor ground rent of Rs.50,000 per month and a premium of Rs.10
Lakhs on execution hereof, receipt whereof the lessor doth hereby admit.

3. The lessor covenants as under:

a. She is the absolute owner of the demised property and no one else has any claim or
demand in respect of the same;
b. She has not mortgaged the demised property of created any encumbrance of
whatsoever nature in respect of the demised property or part thereof;
c. She has paid all taxes and levies upto 31st January 2023 and shall continue to pay the
same upto the date of execution of the deed, from which date the lessee shall pay the
same henceforth;
d. She has not received any notice of acquisition or requisition from the Government of
India or the Government of Maharashtra in respect of the demised property.

4. Upon the lessee paying the premium and the ground rent, the lessee shall have the right to
construct on the demised property, building or buildings in accordance with the permission
granted by the BMC and other planning authorities and as per plans approved in that behalf.
The lessee shall have the right to avail of the FSI as well as the TDR on the demised property
at her own cost and expenses.

5. The lessee hereby covenants as under:

a. She shall pay the ground rent on the 5th day of every English Calendar month without
default;
b. She shall construct building[s] on the demised property in compliance with all applicable
laws without committing a breach thereof.
c. She shall complete the construction of the building at her own cost and expenses and
pay the requisite fees of architects and structural engineers, lawyers and shall be liable
and accountable for all risks caused by accidents or deaths of the employees or labour
force employed in construction of the building[s] without recourse to the lessor;
d. She shall pay all Government levies, cess and taxes from the date of execution of deed of
lease without default and shall not do anything which shall cause prejudice to the lessor
to own the demised property;
e. She shall obtain the completion and occupation certificate from BMC.

6. Upon completion of the construction work in compliance of provisions of law, the lessor
shall execute the deed of lease from which time the period of lease shall commence.

7. Within period of __ years from the date of execution of the deed of lease, the lessee shall
have the right to exercise her option to purchase from the lessor her reversionary right at or
for the price of Rs.50 crores or the then prevailing market value, whichever is higher.

8. Stamp duty and Registration fees in respect of the lease shall be borne and paid by the
lessee alone.

9. The interpretation of this agreement and the deed of lease and any difference of opinion
arising thereof from shall be subject to the jurisdictions of Courts in Mumbai.

(Insert testimonium and attestation clause)

Q] Draft a deed of Partnership:

This deed of partnership made at Mumbai between ABC of Mumbai, Indian inhabitant hereinafter
referred to as….which expression….. OF ONE PART

AND

XYZ of Mumbai………... OF OTHER PART

WHEREAS,

(Recitals)

A. The parties hereto have agreed to carry on a business of coaching class imparting education in
the field of law on the terms and conditions hereinafter set out.

(Operative)

NOW THIS DEED WITNESSETH AND IS HEREBY AGREED BY THE PARTIES AS FOLLOWS:

1. ABC and XYZ shall constitute themselves as partners to carry out business in partnership of
conducting a coaching class to impart education in legal subjects.
2. The Partnership business shall be conducted from place or such other place as may be
determined by the partners.
3. The partnership business shall be carried out in the name of M/s GLC classes
4. The partnership will be at will.
5. The financial year of the partnership shall be from 1st April of current year to 31st March of
succeeding year.
6. The partners shall open and operate a bank account in ____ bank and said account shall be
operated jointly by both partners.
7. The partners shall-
a. Participate and attend to the business to greatest common advantage of partnership
business;
b. Be just and faithful to each other;
c. Render two accounts and full information of all money and dealings affecting the B, to the
other;
d. Indemnify the business for or against any loss caused to it by their wilful negligence or fraud,
misconduct of Business;
e. Not carry on any business similar to the business of partnership whilst being partners;
f. Attend to the business of partnership diligently and actively;
g. Not withdraw any money for her own benefit or use without the consent of the other;
h. Be entitled to be indemnified by the business in respect of payment made and liability
incurred by them in the usual and proper course of business for protecting business from
any loss in an emergency.

8. Any partner hereto shall not without consent of the other:


a. Submit any dispute to other person for adjudication or arbitration or compromise or
relinquish any claim relating to the Partnership business;
b. Withdraw any suit or legal proceedings filed by the partnership business;
c. Admit any liability of the partnership business;
d. Acquire or dispose any movable or immovable property save and except the stock in trade of
ordinary course of partnership business;
e. Enter into partnership or any other business activities unilaterally with any other person;
f. Assign or transfer her share or interest in the business;
g. Admit in any person as a partner in the business;
h. Borrow any money in the name of the business or create any security or charge on assets of
business;
i. Enter into contracts except in regular course of business;
j. Stand as guarantor or surety for any other person in the name of the partnership business.

9. Each partner shall contribute a sum of Rs. 5 lakhs towards the capital of the partnership
business. In case additional capital is required, any partner can do so and such additional capital
shall carry an interest of 18% p.a.
10. ABC shall be the managing or the working partner and shall therefore be entitled to a
remuneration of Rs. ___p.m.
11. Each partner shall be entitled to draw such sum or sums of money received by her and provided
the same shall be adjusted from the P&L account at the end of the year.
12. Each partner shall be entitled to a share in the profits and losses in an equal proportion.
13. The premises of partnership business have been purchased by ABC from her own personal funds
and therefore XYZ shall have no right to estate in partnership premises at the time of her
retirement or dissolution of the partnership business.
14. The accounts shall be prepared meticulously in each financial year and after accounts for salary
or wages of the staff and other incidental expenses, P&L a/c shall be prepared and audited.
15. In event of any difference of opinion or dispute relating to these presents on the Business, the
same shall be in first instance be referred to mediation, failing which to arbitration under the
provisions of Arbitration and Conciliation Act, 1996.
16. Courts in Mumbai alone shall have the jurisdiction to try and entertain any adjudication or
dispute relating to the partnership business.
17. The partners shall cause the business to be registered at the office of the registrar of firms,
Mumbai.

Q] Draft a Deed of Retirement

This deed of retirement made at Mumbai, the 24th Day of February in the Christian Year 2023
between

1.Kavita Salvi of Mumbai …………………………………………………………..OF ONE PART

2.Poonam …………………………………………………………………………….…...OF SECOND PART

3.Aman……………………………………………………………………………………….OF THIRD PART

WHEREAS,

A. The parties hereto have been carrying on business in partnership of conducting coaching classes
in the legal stream in the name of M/s GLC classes since ___.

B. Having realised that the students are not enrolling in the coaching classes and that the business
is suffering losses, Kavita wishes to retire from the partnership business on the condition that
her minor son Vivaan, aged ____ years be admitted to the benefits of the partnership, on the
terms and conditions hereinafter set out.

NOW THIS DEED WITNESSETH AND IS HEREBY AGREED BY THE PARTIES AS FOLLOWS:

1. Kavita will retire from the partnership with effect from the close of the business on 31st March
2023 and the remaining partners named Poonam and Aman shall continue the partnership
business as before.

2. Upon Kavita’s retirement the continuing partners shall share profits and losses in the ratio of
40% each.

3. With effect from 1st April 2024, Vivaan, the minor son of Kavita shall be admitted to the benefits
of the partnership with the entitlement of 20% shares in the profits of Partnership business

4. Within 6 months of retirement of Kavita, the continuing partners shall make the accounts of the
business for the period ended 31st March 2023 and pay Kavita her share of the profits, in case of
losses adjust her share accordingly.
5. Kavita shall be liable to pay income tax payable by her on her share of the profits till the date of
retirement.

6. The continuing partners agree and undertake to indemnify Kavita from any liabilities pertaining
to partnership business upto 31st March 2023.

7. Kavita agrees and undertakes not to carry on business similar to the one carried on in the name
of M/s GLC classes for a period of 15 months from the date of her retirement from which date
she would be at liberty to carry on business or profession as a teacher.

8. Kavita further undertakes to pay to the partnership business such sums[s] of money as she
would be liable to bear for the business dealings levied on the partnership for period ended 31st
March 2023.

9. Upon Vivaan attaining the age of majority he shall have the right to exercise the option of either
joining the partnership business as a partner or relinquish himself therefrom.

10. In the event of there being any dispute or difference of opinion relating to this deed or to the
acts, the same shall first be referred to mediation, failing which arbitration by single arbitrator
under the provisions of Arbitration and Conciliation Act 1996.

11. The courts in Mumbai shall have exclusive jurisdiction to any matter arising out of any dispute.

IN WITNESS WHEREOF…..

1.

2.

3.
Q] Questions for Exam:

➢ Give Reasons

1. English Mortgage is alien to India and is therefore not enforceable in India.

2. Simple Mortgage is too simple and is therefore not popular (Answer in Yes/No with reason)
AND (Popularity is yardstick)

3. “Once a mortgage, always a mortgage”. (Answer both positively and negatively)

4. Draft a memorandum mortgage by deposit of title deeds

➢ Fill in the blanks

1. Mortgage by deposit of title deeds is also known as ________________.


2. Mortgage property cannot be sold without the permission of the Court.
3. The backbone of a summary suit is trial by evidence .
4. Summary suits are filed only in the following cases _____________________.
5. The interim application in a summary suit is called ______________________.
6. The interlocutory proceedings in a regular suit is called __________________.
7. Under the High Court Rules you have to file a ________________________to bring the legal
heirs on record.

➢ Quotes

1. “The following evil forces ruled this world, fear, ambition and greed”

2. “The peace you desire is within you but you don’t feel it because your mind is making too
much noise”

3. “I prefer dangerous freedom over peaceful slavery”- Thomas Jefferson (2nd President of the
USA who drafted the Declaration of Independence)

4. “It takes nothing to join the crowd. It requires everything to stand alone.” -Socrates (Greek
philosopher)

5. “The greatest enemy of knowledge is not ignorance it is the illusion of knowledge.” -Stephen
Hawking

6. “Politicians and diapers must be changed often and for the same reason.” – Mark Twayne
(American Author).

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