6

Affidavit, Notice of Motion and

Judgment Summons for
Meaning of Affidavit
An affidavit is a written statement sworn before a
authority to administer oath.' Affidavit under Section person having
statement in writing, made before an officer of the 139 of the
court au CPC is a
administer oaths. The person making the affidavits known
for he 'deposes' to the facts contained therein. For as the authorized to
instance, deponent
are answered by way of affidavit. Where a party is bound to
documents in answer to interrogatories, it is called affidavit interrogatories
disclose
Adeclaration of facts that have been reduced to writing and of documents.
an officer competent to administer oaths is an affidavit 2 affirmed before
Simply put, it is a declaration of facts drawn up in first
states facts alone and not inference. person and
By the rules and practice of the Court
Order 19, Rule 1 of the Civil Procedure Code facts are proved by afidavits.
rules about affidavits : lays down the following thr
(1) Power of the Court to order
any point of fact to be proved by
affidavits;
(2) Power of the Court to order
for cross-examination; and attendance of the deponent (affiant)
(3) Matters to which affidavits shall be
confined..
Contents of Affidavits
P.C. Mogha in his book of law of Pleadings has
affidavits : observed about
"The affidavits which are filed in the
mofussils
name of affidavits. Vague and indefinite hardly deserve tne
them in a most statements are made 1
that any liabilityirresponsible way and nobody seems to understand
attaches to the declarant if any statement turns
out to be false without regard to the fact whether the declarae
prepared to swear to all allegations or not, sometimes the whole
applications which an affidavit is intended to support is copied out
as the so-called affidavit, with the ridiculous results in most cases
that points of law and prayers are also inserted in the afidavit. As
an affidavit is an important document and consequences of a false
affidavit are serious,
The Civil Procedure Codegreat
does care
not is
sayrequired
how affidavits are to be drawn
in drafting
up and sworn, The different rules
1. High Courts have, however,
framed

Wharton's Law
2. M.
VeerabhandraLexicon, XIX
Rao v. Tek Edn., p. 38.
Chand, AIR 1985
SC Z0.
(306 )
 Forms and Precedents of C
of local amendments to Pleadings
affiantOrderis 19able of
way

conlined to such facts as the

bY

interlocutory applications the

to hia C.PC.
heretor
upon

hall
be
admitted1
eYCePt

The grounds of belief of where

the affiant wn Afdarietgtsa
statearement of knwl
suflicient particularity to enable
prove

be the Judge hin helief

der
wit,

act on
the deponent's belief. tohquier rodit to be
whet
included
within the
tatod

Are not
to
wonld
3 of purview
s a l e

has been given in

Afidavits

pyndenoe" as
used
Section of
As "'evidence" only if. for the Evidencethe definitinn nf
be
under Order XIX of the Code sufficient Act, and the
ene
CAn order

that any fact may be of Civil reasons, the Cmrt

MHSAPS

gNrt
An

may
order

generally
proved by
unsatisfactory to record aaffidavit!Procedure, 1908' A
IIis with
respect to a person, on the finding involving
onsequences
without asking that person basis of grave
inuments

s-eXamination
alone.

Where the deponent is available to affidavits

submit and
to
Andopportunity is for
given to the other side to cross-examine him, the same
upon.1.5 Such view, stands fully crOS3-examination,
danthe amended provisions of Order XVIII, affirmed
be relied
Rules 4particularly,
& 5, Code inof Civil
view
P r e e d u r e .

the beginning the name

of the Court before
obe Inmade and the number of the case and the names whichof thetheparties
affidavit
shouldis
begiven, if the affidavit is to be filed in a particular case before the Court
enot, the afidavit shall be titled as "In the matter of the petition f..
Ater this, the full name and address of the person making the affidavit
should be stated. For instance, "I, Govind son of Mahadev, aged about 39,
upation business, residing at 37, Model Town, Delhi, state on solemn
sfirmation.

Rules of drafting of Affidavits

There are no statutory rules as to how affidavits are to be drafted.
However, P.C. Mogha and S.C. Ghosh have given some ules in their
wel-nown books on Pleadings. These include the rules that have come
tout through practice and are considered established.
I. Not a single allegation more than absolutely necessary should be
inserted in an afidavit.
Z. The affiant deponent should be fully described in the artaav
3. The affidavit should always be drawn in the first person.
paragraphs (each
para dealing
4. An affidavit should be divided in
with a separate subject) numbered consecutively. should be
5. The persons or referred to in
the affidavit
places identification.
Correctly and fully des cribed for easy
. Bule 3(1; State of Bombay v. Purushottam Jog, AIR 1952 SC 317.
(2013) 4 SCC
and Ors,
465 Ayaaubkhan Noorkhan
Pathan v. The State of
Maharashtra

Rule 1.
, and Order
Section 30c) 1981 SC
Sauietramma V. Cecil Naronha,
Needl AIR 1988 SC
1987:
Ltd. and
Ors., AIR

1298, Industries (India) Ltd,

NINIH.

and Ors. V Ors,(2006)

Ltd. and
Standard Chartered Bank v, Andhra Bank
Financia!
Seruices
 &Forms of Pleadings &
Conveyancing
Principles
330

6. That I have fully acquainted myself with

Land (Ceiling and Regulation) Act.
1976 the
provisionsprovisions
submitted by me does not violate the and the of
I,.....deponent,
the contents of paras No.
do
1
hereby
to 6 of
solemnly affirm and
the affidavit building
are trueatateto on Dan
that no part of it is incorrect and false.,
knowledge,
been concealed in it. So
help me God. Nothing Tmy gath tha
Dated... materperialsona
b

DRAFT OF AFFIDAVIT
REGULATION) ACT, 1976
UNDER URBAN LAND Deponent
(CEILNG .
(ANOTHER FORM)site ANN
Affidavit of Shri.......10n of........aged.
I,....do herebyy solemnly affirm and declare as resident of....
1. That I am the holder of plot No.... under :
at.....measuring.....square metres.
2. That I propose to construct a building over the situated
land. aforesaid plot
3. That I have submitted the plans for the of
over the said plot of land for sanctionconstruction of a
dated. olersCugo vide, bulding my letter,
4. That the aforesaid plot of land is the only plot
held by me in any of the urban of vacant
agglomerations
the Urban Land (Ceiling and Regulation) Act, covered land
under
extent of that plot is within the ceiling limit1976 and that the
imposed by the said Act. on vacant land
5. That Ido not hold any other
vacant land or
building with a dwelling unit therein any other land wth
under the urban
agglomerations covered under the said Act.
6. That in the event of the aforesaid
plot
excess by the competent authority underoftheland being declared as
Urban Land (Ceiling
b and Regulation) Act, 1976, I shall
abide by the decision of the
competent authority under that Act.
DRAFT OF AFFIDAVIT FOR CHANGE
POLLSWORN 0F NAME IN DEED

(Prescribed Form)
(On non-judicial stamp paper)
By this deed I, the T
called.......o.d undersigned.........new
name) doing..... name) and
avocation) and
resident of... give profession or
1. That for and on behalf of myself and my wife and children and
remitter issue wholly renouncelrelinquish and abandon the use of
my former name/surname of.......and in place thereof...s
do hereby e.and

so that I assume
and myfromwifethisand
datechildren and remitter issue may
the name/surname.
hereafter be called, known and distinguished not by by former
 and
Precedents of CM Plexlinga 331
Forms

nAme/surname of. assumed

namesurname but of evidencing such my determination derlare
purpose

for the at all

times hereafter in all recorda, dende and
proceedings, dealings and
I
s h

in all
a l l

transactions, private
that
And
occasions wheresoever use And aign the name
all
writings

A8
upon

in place and in substitution for

name/surname

well m
of.......A8
n8
my former name/surname.

and request all per sons in general

authorize
expressly
friends in
at all times hereafter to
particular
address me, my wife, my children, remitter issIe
And

of......acCordingly.
r e l a t i v e s

and
designate name/surname
Assumed

such whereof
I have hereunto subscribed my former and
by
witness n a m e / s u r n a m e
of..and.....fix my signature
4
In
this.........day of......
if any,
a d o p t e d

seal, Signed, sealed and delivered

and
by the above named....
formerly...
of:
presence

hthe Name....

Address.

Name...

Address..
the presence of
signed and aattested in
poll/lafidavit may be Indian Mission abroad.
This deed Consular Officer in or
Magistrate, a notary D E C L A R E D I A F F I R M E D

AFFIDAVIT TOBE
SPECIMEN 0ASE
RAPT OF MINORAEA

LEGAL GUARDIAN OF THE

W (Prescribed Form)

....w/o.
(name of guardian)
affirm as follows A AORu minor) who is
Siennly declare and (name of
legal guardian o f . . . for a
1 That I am the
behalf I have made an application
whose
a minor and on under India
passport.
minor) has been living in
2. That...... .(name of
(name of
my guardianship. that
said...ten

8. That I have no interest adverse to

(name of minor)
minor).
4. That I have applied for.
for a pas8port(name of minor's
ap and addres8
under the instructions of........
Parent and his full address abroad). of
and address Signature
Deponent..ssa

Date..eseosesseoeseeeb000e
 11

Negotiable Instruments
Definition

Anegotiable instrument is defined as an instrument in writing in

which the property is acquired by anyone who takes it bona fide and the
wlue notwithstanding any defect of title of the person from whom he took
The way relating to various forms and features of negotiable instruments,
ibeir transfers, rights and liabilities, of the parties dealing with them are
ndifed in the Negotiable Instruments Act, 1881. The instruments falling
inder the definition of negotiable instruments are-Promissory Notes, Bills
of Exchange and Cheques.
Negotiable instruments refer to that class of written undertakings to
pay which have acquired by ancient mercantile usage, the characteristics
of a valuable consideration. They can be transferred from one person to
another by delivery or endorsement, i.e, via informal assignment. The
transferee taking such instrument in good faith and for value obtains a
good title regardless of any defects in the title of the transferor and can
sue in his own name thereon. Negotiable instruments include bills of
exchange, cheques, and promissory notes (including banknotes), dividend
warrants, bankers drafts, and scrip, debentures or share warrants payable
to bearer, but do not include postal orders or share certificates. Bills of
lading are not truly negotiable instruments.
Promissory Note
A"promissory note" is an instrument in writing (not being a banknote
or a currency note) containing an unconditional undertaking signed by the
maker to pay a certain sum of money only to, or to the order of a certain
person, or to the bearer of the instrument.
Let us now draft a singular and joint promissory notes payable on
demand : 3utAOY 0
ON DEMAND, I,.....g.ed about 45 years, son of the late Shri Y,
resident of 7, Portuguese Church, Dadar, Bombay, promise to pay to Shri
Maged about 50 years, son of Shri N, resident of 11, North GokhaleRoad,
Dadar, Bombay, or order the sum of Rupees fifty thousand (Rs. 50,000 only
Win interest at 12 per cent per annum until repayment or value received.
Dated this 8th day of October, 2007 at Bombay.
Sd/
ON DEMAND, we,. ..aged about....years, son of the late
Shri. resident of.... AND.....aged about.......years, son
of late..... Shri... ....esident of....j.ointly and severally promise to
pay to Shri....about......years, son of Shri. resident of..or
order the sum of Rupees...... (Rs....) only, with interest at the rate of...

(521 )
 Conveyancing
522 Principles & Forms of Pleadings &
repayment for value received.
per cent per annum until
Dated this....ay of..20....a.t.
Sd/.
SJ
Bill of Exchange
A"Bill of Exchange" is an instrument in writing containing an
unconditional order signed by the maker directing a certain person to pay
a certain sum of money only to, or to the order of the certain person or
to the bearer of the instrument. The following are the specimen forms of
inland and foreign bills of exchange :
Form No. 1

Rs. 15,000/ Allahabad dated 1st July, 20..

SIXTY DAYS after sight pay to Shri..
.of..... or order, the sum
value received.
of fifteen thousand rupees (Rs. 15,000) only for Sd/- (Maker)
To,
M/s. Bharat & Co.
J.K. Road, Kanpur
Form No. 2

Rs. 15,000/ Bombay dated lst July, 20.

TWO MONTHS after date pay to Shri. of.....or bearer the sum
received.
of fifteen thousand rupees (Rs. 15,000) only for value
Sd/- (Maker)
To,
M/s. Just & Co.
7, Shanivar Peth,
Pune.
Foreiga Bill of Exchange
London, the lst December, 20...
SIXTY DAYS after sight of this FIRST OF EXCHANGE (second and
third of the same tenor and date unpaid) pay to the order of Ms. Bharat
& Co. of Kanpur (India) the sum of fifteen thousand rupees (Rs. 15,000)
only for value received.
Sd/- (Drawer)
To,
M/s. Bharat & Co.
J.K Road, Kanpur (India)
Cheque not
A"cheque" is a Bill of Exchange drawn on a special banker and
expressed to be payable otherwise than on demand. to its
A"bank draft" is an order issued by one bank to another or person
branch directing payment of a specified sum of money to a specified
 15

Power of Attorney
Definition
A power of attorney is a document whereby one or more
authorize, empower and constitute another person to act, do and persons
any act or acts generally in his or their place. The person who perform
authority may be called the principal; and the person to whomgives his
authority is given is called the attorney. The power is such
instrument in writing which is called the deed of power of given by an
attorney. It
should specifically and expressly state the authority to be exercised by
attorney. Nothing can be exercised which is not authorized the
instrument in express terms or by necessary implications. by the
The party executing the Power of
Power of Attorney holder and that theAttorney is bound by the acts of fhe
Court could accept a compromise
terms entered into by the Power of Attorney holder on behalf of the Dartieg
and that such a compromise would be a valid compromise.
"To insist upon the party himself
compromise would often cause unduepersonally delay,
signing the agreement or
especially in the case of non-resident persons. It hasloss and inconvenience
always
understood that a party can always act by his been universally
representative. If a power of attorney holder can enter into duly authorised
or compromise on behalf of his principal, so an agreement
requisite authorisation by vakalatnama, act on behalf can counsel, possessed of the
recognise such capacity is not only to cause much of his client. Not to
to the parties personally, but also to inconvenience and loss
court. If the legislature had intended to delay the progress of proceedings in
make such a fundamental
and needless expenditure, itchange,
even at the risk of delay, inconvenience
have expressly so stated. "2 would
The power of attorney may be divided
into
of attorney. The special power of attorney is forgeneral and special powers
some specific act while
general power of attorney is for some and a
generally described in the instrument. many acts, things and deeds
The Powers of
of attorney. This ActAttorney
gives
Act, 1882, governs the law relating
to powers
the attorney, and the person statutory recognition to the person constituting
protections to third parties. constituted as attorney, and also gves
Execution, Authentication and
It should be executed Stamp-duty
before, and authenticated by, a
1. Jineshwardas (D) by Judge,
Shanti Budhiya LRs. and Ors. v.
Jagrani (Smt.) and
2010 SC 2132. Vesta Patel and Ors. v. Nirmala JayprakashAn.,Tiwari
(2003) 11 SOU
and Ors., AIRR
2. Byram Pestonji
Gariwala v. Union Bank of India
and Ors., (1992) 1 SCU
(548 )
 Conveyancing and Draftng of Deeds 549
Magistrate, or Notary Public and it may be registered. The Stamp-duty
chargeable on a special power of attorney is generally three rupees and on
a general power of attorney the stamp-duty is fifteen rupees.
Revocation

ADower of attorney can be revoked by a notice of revocation in writing

nrved upon the attorney and to that effect making it known to the general
public by publishing it in a well circulated local newspaper.
If coercion or fraud is alleged, it must be set out with full particulars
in pleadings. Because it is very well established that in cases of fraud,
andue influence and coercion, full particulars must be set forth and the
case can only be decided on the particulars as laid. There can be no
departure from them in evidence. General allegations are insufficient even
to amount to an averment of fraud of which any court ought to take notice
bowever strong the language in which they are couched may be, and the
same applies to undue influence and coercion.!
On the basis of hypothetical facts the drafting of deeds of general and
Special powers of attorneys are given as follows:
A. GENERAL POWER OF ATTORNEY
KNOW ALL MEN by these presents I,.........o.f age.... resident
of.. state that expedient for me to appoint an agent to look after
all my affairs in my absence. BY THESE PRESENTS, I, the said.
do hereby nominate, constitute and appoint Shri. of etc., my true
and lawful attorney for me, on my behalf and in my name to do and execute
all or any of the following acts, deeds and things, that is to say :
1. To demand, sue for payment, recover, receive and give proper
discharges and receipts for all moneys received for me in my name and on
my behalf.
2. To institute, commence, prosecute, carry on or defend or withdraw
all suits or other actions and proceedings in any civil, criminal and revenue
Court or tribunal of original or appellate jurisdiction. For the aforesaid
purpose to file plaint, written statement, memorandum of appeal and
affidavits, etc. for me in my name and on my behalf and to appoint and
engage advocate, to plead the the case.
3. To settle, adjust, compound and compromise or submit to
arbitration all actions, claims, disputes between me and any other person
or persons.
4. To execute and perform all agreements and contracts entered into
by me and in my name and with any other person or persons.
5. To draw, endorse and sign any cheque, draft, dividend warrants or
other investments payable to me and to sign for me and on my behalf all
contracts, transfers, asignments, deeds and instruments whatsoever.
O 10 enter into an agreement for sale and purchase and to execute
e and register the same for my use and benefit, for me in my name and
on my behalf.

Bishundeo Narain v. Seogeni Rai, 1951 SCR 548: Shanti Budhiya Vesta Patel and
Ors. v. Nirmala Jayprakash Tiwari and Ors., AIR 2010 SC 2132.
550 Principles &Forms of Pleadings &Conveyancing
7. And generally to do, execute and perform any other act
deed or deeds, things, etc. which in the opinion of my said attorneyor acts,
to be done, executed and performed in relation to my property and ought
thereto as full and effectually as I myself could do the same if Iaffairs
personally present. were
I, hereby, agree and undertake to ratify and confirm all
whatsoever my said attorney under the power in that behalf and
contained shall lawfully do, execute or perform in the exercise of herein before
authorities and liberties hereby conferred upon my said attorneythe power,
by virtue of these powers. under or
In witness whereof, etc.
B. GENERAL POWER OF ATTORNEY
(Sa/-)
TO ALL TO WHOM These
Shriprasad Yadav and Baijnath Shriprasad Present shall come, We, Amarnath
business and residing at Chandra Pal's Chawls, Yaday, both Hindu adults, doing
Road, Jogeshwari (West), Bombay-60, Send Yadav Nagar, Ghodbunder
WHEREAS being personally unable to attend : Greetings
our movable and immovable to look after or manage
Pure Gaderia, Distt. Varanasi,properties situate at Village Ghuripur, P.O.
properties), we are now desirous U.P. (hereinafter referred to as the said
Yadav who is our real full brother,of appointing Shri Shobhnath Shriprasad
Pure Gaderia, Distt. Hindu adult, residing at
name and on our behalf to Varanasi to be our true, and lawful Ghuripur, P.O.
acts and deeds of which attend to, to execute and attorney in our
he is joint carry
and co-owner as well as out all matters,
affairs, deeds and things in all our matters,
or interested. which we are or shall
hereafter be concerned
We do hereby
and constitute voluntarily and of our own
the said
co-owner in respect of our Shobhnath Shriprasad Yadav accord appoint, nominate
Ghuripur Pure Gaderia, properties situate at our native who is a joint and
hereinafter Varanasi as our true and place, i.e., at
or in the called name
the said Attorney
for us in lawful attorney,
perform or causeof tothebesaid Attorney to do, our name and on our
behalf
following matters, acts, carried out, done, toexecuted carry out, to
execute, to
1. To carry out, deeds and things whatsoever, or performed the
works of consolidation manage, attend to and that is to say :
of deal
hereafter be interested orholdings and any affairs in with and, transact all
said Attorney shall
deem concerned at all times inwhich we now or shall
fit.
2. To ask, such manner as
firm and every demand, sue for, recover our
sums of money,body politic or corporate and receive from every person Or
subsistence of thesedebts, damages, whom it shall or
presents compensation may concern all
belonging
us upon the to us or by right title shall or and
may become due, rents during the
receipt
name of the said thereof or of any or otherwise owing
become due or be payable Or
part thereof
make, sign, executeAttorney or otherwise, in our name payable to
for the same or deliver as the case or in the
respectively as such receipts, may be,
3. To take
charge and
our said
Attorney releases or other require o
possession of our said think fit or bedischarges
shall
advised.
property and every pat
 Conveyancing and Draftng of Deecs 551

thereof and to manange And look after it ns ite prudent owner, and to put
tenants, occupants, licensees And to remove them and to put in fresh
in etc.
tenants and occupants,
4. To earry out allsorts of work, constructions, repairs, renovations,
demolitions and reconstructions in the said properties or any part thereof
from time to time and for the purpose of preparing maps, plans, sketches
a et them approved and sanctioned from the concerned authorities and
to engage architects, surveyors, engineers, mistries, workmen and labourers
enter into contracts with them and sign the same for the execution of
the work.

B To purchase or take on lease or otherwise such lands, or tenaments

ar chattels or any property in our name or in the name of our said Attorney
as he may deem fit and proper.
6 To raise loans and execute hundies, promissory notes and to receive
advances against the security of our above property or any part thereof.
7. To receive registered letters, insured letters, Money Orders,
telegrams, postal orders and other papers and documents from Post Office,
Railway, Customs, PWD., Revenue, Municipal, Collector, Police and
Consolidation of Holdings ofiices or any other authorities from time to time
behalf
for us and on our
8. To carry on correspondences with Central Government Offices,
State Government Ofices, District Board, P.W.D., Custom, firm or firms,
our
company or companies, ndividual person or persons for us and on
behalf at all times whenever necessary.
9. To accept service of any writs of summons, notices or other legal
or
process and to aPpear, and our person to represent in any court of law
courts and before the learned Judges, Magistrates, Custodians, Rent
Collectors, Judicial Officers, Revenue Officers, Income Tax Officers, District
Board authorities, Consolidation of Holdings Officers or any other
Government Officer whatsoever and all public and semi-public oficers,
Dept. or authorities whatsoever by our said Attorney shall be thought
advisable and to defend all such actions and compromise the same for us
review,
and in our name and to commence or to continue any suit, appeal,
revision, application, action on other proceedings, civillor criminal or
otherwise including an appeal, reference or arbitration proceedings before
recovery
any Court of Judicature, Tribunal Authorities or Officers for the interest,
or enforcement of debt, sum of money, damage, claims, rights, title,
payable or to
property matters, relief or things whatsoever new due or
Decome due or payable or in anywise belonging to
or vested in us andor
application
any whatsoever and the same suit, appeal, review, revision
acion or proceedings to prosecute or compromise, adjust, settle, withdraw
see
or discontinue become non-suited therein, if our said Attorney shall recovery
Cause and also to take such other lawful ways and means for the which
thing
and getting in and of such sum of money or other right or payable to
owing and
De our said Attorney be conceived to be due,
USe by any person whatsoever.
declare, verify and affirm any
10. For the aforesaid purpose, to sign,written
warrant, power, vakalatnama, plaint, statements, pleadings,
 Conveyancing
552 Principles & Forms of Pleadings &
and ll
afidavits, petitions, memorandums, declarations sorts of
necessary and/or
applications, papers and writing as may be expedient by
our said Attorney.
11. T appoint and instruct any
Barristers, Solicitors, Counsels,
Advocates or Pleaders to prosecute or defend or act in any proceedings
aforesaid or any of them as occasion may require either in our name or in
that of our said Attorney and to pay their fees and costs.
12. To withdraw any money from the Court, Tribunal,
Public Authority or Officer on our behalf as well as on his own behalf Government,
to sign and deliver, receive receipts and discharges for the same. And andto
operate accounts with bank or bankers to deposit and withdraw the
from the Bank for us and in our name and on our behalf or in that moneys
of
said Attorney.
13. To consolidate, manage and transfer our share in our interest in
the said properties for such consideration as our said Attorney may think
fit and to give receipts for all or any part of the purchase or
consideration moneys. other
14. To enter into any agreement of sale, transfer and
execute and register sale deed, conveyances, assignment conveyance, and
or transfer deeds and to get such deeds deeds or transfer
registered
Sub-Registrar and do all acts, things, deeds and matters ininthatthe office of
And to attend before any Registrar, connection.
deeds and matters in that connection.Sub-Registrar and do all acts, things,
And to attend before any Registrar.,
Sub-Registrar or Deputy-Registrar in U.P. or elsewhere and to present for
registration and to admit execution by us on our behalf of any agreement,
deed and conveyances. To execute
deeds and to sign the same, get documents,the
mortgage deeds, and transfer
office. same registered in the registration
15. To pay
lease rents and toincome-tax, District Board
get refunds of moneys Tax, Cess charges, assessment,
do all other acts pertaining paid or any part thereof and to
presents to enter into sign,thereto for all or any of the
instrumnent, deed, document andseal, execute and performpurposesany
of these
accept, endorse, promissory notes, for us in our name and on our contracts,
instruments. hundies or other negotiable or behalf to
16. In general to do mercantile
whatsoever in or about our said all other acts, deeds,
in doing all things, joint or sole propertymatters and things
generally described as acts, deeds, matters herein matters and affairS
we could in amply or either
effectually to all intents andparticularly or
our own do.
And we, Amarnath purposes as
do hereby undertake Shriprasad Yadav and
to ratify and
times to allow, ratify and confirm Baijnath Shriprasad Yadav,
and
confirm all such acts, things, promise and agree at a
done by our said
substitute or Attorney and all deeds and matters
as aforesaid bysubstitutes or sub-agentswhatsoever
shall
our said Attorney
or o
IN WITNESS
virtue of these
presents. lawfully do or cause to be done
and Baijnath WHEREOF, we the said
Shriprasad Yadav, have hereunto Amarnath Shriprasad Yada
set and subscribed
our hanos
 Conveyancing ond Drafting of Deeds 553

at Bombay this 7th day of September, 2007.

Sicned, Sealed and Delivered by the
within named (Amarnath Shriprasad Yadav) S/.
in the presence of.
Sd/
Sined, Sealed and Delivered by the
within named (Baijnath Shriprasad
Yadev) in the presence of....... Sd/
Sa/
Interpreted and ldentified by me.
S/.
Advocate.
Before me
(Seal and Signature of authenticating authority).
C SPECLAL POWER OF ATTORNEY
BY THIS SPECIAL POWER OF ATTORNEY, I, son of..
aged......ye ars, resident of....... do hereby appoint, constitute and
nominate Shri...........etc. of.... ..as my lawful Attorney for me and
on my behalf to appear for me and represent me before the Sub-Registrar
of.all times as may be necessary and to represent me before him for
resistration of the sale deed dated...... day of.....made between etc.,
to admit the execution of the said deed by me, and to do any other act,
thing or deed as may be necessary to complete the registration of the said
deed.
I. the said Shri. .do hereby agree and declare that all acts,
deeds and things done, executed or performed by the said Shri.......hall
be valid and binding on me to all intents and purposes as if done by me
personally which I hereby undertake to ratify and confirm whenever
required.
Signed, Sealed and Delivered, etc. Sd
Before me.
D. SPECIAL POWER OF ATTORNEY
TO ALL TOWHOM these presents shall come, I Manikprasad Ramraj
Pandey, Hindu adult, inhabitant of Bombay, residing at Kaushik Nivas,
Vallabh Co-operative Housing Society, Juhu Road, Vile Parle, outside the
fort of Bombay hereby send Greetings: KNOW YE ALL MEN, these
presents shall witness that :
) By this special power of Attorney, I, Manikprasad Ramraj Pandey,
the applicant in the application No. 2059 of 2007 filed on the 3rd day of
March, 2008, in the Court of the Payment of Wages at Bombay of which
he tirst date of hearing will be on the 10th April, 2008, do hereby constitute
2nd appoint my elder brother, Shri Rammurti Ramraj Pandey of Bombay,
Findu inhabitant residing at "Kaushik" Nivas, Vallabh Co-operative
Housing Society, Vile Parle, Bombay, my Attorney, for me, in my name and
On my behalf to appear and act in the said case, to make or present
554 Principles & Forms of Pleadings & Conveyancing
afidavits, applications, or petitions to the Court, to withdraw and receive
documents and any money from the Court or from the opposite party,
in execution of the decree or otherwise and on receipt of payment either
to sign and deliver for me and on my behalf proper receipts and thereof,
for the same; discharges
(i) My said Attorney is also hereby authorized and
empowered to
engage and appoint any pleader, advocate or advocates to conduct
case whenever my said Attorney thinks proper to do so and to do the all
said
lawful facts and things in connection with the case as effectually other
as I could
do the same if I were personally present;
(ii) And all and whatever my said Attorney shall
hereby agree to ratify and confirm. lawfully do, I do
IN WITNESS WHEREOF I, the said
have hereto signed at Bombay this.......d.a.yManikprasad Ramraj Pandey
of March, 2008.
Signed, Sealed and delivered, ete.
Interpreted and Identified by me.
Advocate.
Before me.
Sa
 16

Sale

Definition

Section 54 of the Transfer of Property Act, 1982, defines sale. It says

that a sale is a transfer of ownership in exchange for a price paid or
promised, or part paid and part promised. When a sale is of tangible
immovable property of the value of one hundred rupees and upwards, or
t is of a reversion or other intangible things, it should be made only by
a registered instrument. In the case of tangible immovable property of a
value of less than one hundred rupees, its transfer by sale may be made
either by registered instrument or by delivery of the property.
Section 4 of Sale of Goods Act, 1930, defines that a contract of sale
of goods is a contract whereby the seller transfers or agrees to transfer the
property in goods to the buyer for a price. There may be a contract of sale
between one part-owner and another; and it may be absolute or conditional.
Where under the contract of sale the property in the goods is transferred
from the seller to the buyer, the contract is called a sale. The former
definition applies to immovable property, while the latter to all kinds of
goods including actionable claims.
Parties
Every person who is entitled to transferable property or is authorised
to dispose of such property and is competent to contract can transfer the
property in whole or in part either absolutely or conditionally. Minors and
lunatics are not competent to contract; however, such persons can transfer
the property through their guardian appointed by a Court of competent
jurisdiction with the prior consent and permission of the Court.
Execution, Attestation, Registration and Stamp Duty
Sale deeds are executed and attested like bonds. Where by the sale
deed a tangible immovable property of the value of one hundred rupees or
upwards is transferred it must be attested by two witnesses and must be
registered. The stamp-duty varies from State to State. Roughly, the
stamp-duty is at the rate of about 10% of the price.
Assignment
An assignment is a transfer of some right either by operation of law
or by contract. Here, the purpose to deal with the assignment is only by
operation of contract. A debt, a decree, an actionable claim and good will
of busines88 may be transferred by a deed of assignment. In the deed of
assignment, the transferor is called assignor, and the transferee is called
assignee.
Assignments are executed and attested like bonds, Its registration is
cOmpulsory if the assignment is of the value of rupees one hundred or
(555)
556 Principles & Forms of Pleadings & Conveyancing

upwards and as incident to the assignment some intangible property stands

transferred, otherwise registration is optional. Stamp-duty payable for a
deed assignment is like aconveyance of sale.
A. SALE DEED
THIS DEED OF SALE is made this....day of......2.0
BETWEEN AB, of etc., hereinafter called THE SELLER of the one part
which expression shall mean and include his heirs, successors, assigns and
thereof.
legal representatives unless repugnant to the context
other
And CD, of etc., hereinafter called THE PURCHASER of the legal
part which shall mean and include his heirs, successors, assigns and
representatives unless repugnant to the context thereof.
AND WHEREAS the seller is lawfully seized and possessed of or
otherwise well and sufficiently entitled to the house being premises
No...situate at......a.s its absolute owners which is fully mentioned and
described in the schedule hereto and hereinafter referred to as the said
property.
AND WHEREAS the seller by an agreement dated.........a.greed to
sell the said property to the purchaser for a price of Rs...now this deed
the
witnesses in pursuance of the said agreement and in consideration of
sum of Rupees... paid by the purchaser to the seller with the execution of
these presents the receipts whereof the seller admits and acknowledges,
the said seller does, hereby grant, convey, sell, transfer and assign unto
and to the use of the said purchaser free from all encumbrances. AIl that
house with compound wall, kitchen garden and appurtenances belonging
thereto commonly called premises No.....s.ituate at.....a.nd bounded on
the North. South..... East.... West.... the property is more
particularly delineated and coloured red in the map or plan hereto annexed.
AND all the right, title interest, claim and demand whatsoever of the
seller into or upon same and every part thereof to have and to hold the
same unto and to the use of the purchaser, his heirs, executors,
administrators, assigns absolutely and forever together with title deed and
any other evidences of title. And the seller does hereby covenant with the
purchase his heirs, executors, administrators, representatives and assigns
that notwithstanding any act, thing or deed heretobefore done or executed
to the contrary the seller is now lawfully seized and possessed of the said
property free from any encumbrances, attachments or defects in title
whatsoever and that the seller has full power and absolute authority to
sell the property in the aforesaid manner. And the purchaser shall hereafter
peaceably and quietly hold, possess and enjoy the said property without
any interference, claim or demand whatsoever from the seller or anyone
claiming through or under him.
FURTHER, the seller, his heirs, executors administrators or assigns
covenant with the purchaser, his heirs, executors, administrators or assigns
to save harmless, indemnify and keep indemnified the purchaser, his heirs,
administrators or assigns from all encumbrances and charges. And the
seller covenants, with the purchaser that he shall at the request and costs
of the purchaser do and execute all such lawful acts, things and deeds
whatsoever for further and more perfectly conveying and assessing the said
 Conveyancing and Drafting of Deeds 557

property and every part thereof.

IN WITNESS WHEREOF the seller and the purchaser hereunto have
signed this indenture the day and the year first herein above written.
Signed, Sealed and Delivered by the said
spller Shri...n the presence
of...at......on..

this.....day of.........20.... Sd/

Sd/
Schedule and Map of the property.
B. INDENTURE OF ASSIGNMENT AND SALE
THIS INDENTURE OF ASSIGNMENT AND SALE made at Bombay
this..day of December, 2008;
Between ABDUL GAFOOR ABDUL RAZAK of Bombay, Indian
inhabitant hereinafter called the VENDOR (which expression shall unless
repugnant to the context thereof be deemed to include his heirs, executors,
administrators and assigns);
And MAHOMED IBRAHIM UDDIN SHAIKH also of Bombay, Indian
inhabitant hereinafter called the PURCHASER (which expression shall
unless repugnant and to the context thereof be deemed to include his heirs,
executors, administrators and assigns) of the Other Part,
WHEREAS THE VENDOR has got belonging to him a business
concern situated at Shop No. 1. Ground Floor of the building known as
Bohri Chawl, at 7, Fitwalla Road, Bombay 13. AND WHEREAS the Vendor
has been carrying on at the said premises his business of giving on hire
the bicycles and also the business of repairing patromax and stoves in the
name and style of ABIDUL GAFOOR STORE REPAIR SHOP AND CYCLE
MART, and for brevity's sake the said business concern hereby agreed to
be sold and assigned by the Vendor to the purchaser will be described
hereinafter in this INDENTURE as "The said business".
AND WHEREAS the Vendor is the absolute owner and sole proprietor
of the said business AND WHEREAS the Vendor has agreed to sell, assign,
transfer and convey unto the purchaser the said business as a going concern
including the goodwill thereof and incidentally inclusive of the tenancy right
of the premises at the above address hereby agreed to be sold is valued at
Rs. 10,000 (Rupees ten thousand only). WHEREAS the sale of tenancy right
of the business premises at the above address being incidental to the sale
and assignment of the said business is valued at Rs. 5,000 (Rupees five
thousand only). WHEREAS the Vendor has sold and delivered to the
purchaser the stock-in-trade, furniture and ixtures lying and being at the
said premise for Rs. 5,000 (Rupees five thousand only) prior to the execution
of these presents against the separate receipt passed by the Vendor in
favour of the Purchaser, which the Vendor hereby admits and acknowledges.
Now this Indenture witnesseth that in pursuance of the said
agreement and in consideration of the purchaser having paid to the Vendor
the sum of Rs. 5,000/- (Rupees five thousand only) the receipt whereof the
Vendor both hereby admit and acknowledge, and the Vendor both hereby
torever acquit, release, convey, assign and transfer the right, title and
 AT
INTHE COURTOF

C.C. No.
- Complainant
V/s

- Accused

APPLICATION FOR ADJOURNMENT

MAY IT PLEASE YOUR HONOUR

The Complainant/ Accused ( ) named above makes the following

submissions.
It is submitted that

to be
It is therefore humbly prays that the matter may kindly be ordered
proper.
adjourned for a convenient date as this Honourable Court deems fit and

COMPLAINANT/ACCUSED SHALL BE
FOR THIS ACT OF KINDNESS THE
AS IN DUTYB0UND EVER PRAY

PLACE

Dated this day of 2007

Advocate for the Complainant /Accused

 LETTER OF ATTORNMENT

September 2022

Mr. ABC

Mumbai

Dear Sir,
Villa, of which I was the
This is to inform you that Ihave sold the building known as James dated executed
owner to one Mr. XYZ under the Sale Deed or Deed of Conveyance
between us.

Youare a monthly tenant in the said building since In light of the aforesaid, I have to
in respect of the said building to
request you to hereafter, pay the monthly rent of Rs.
Mr. XYZ from the month of 2022.

Your faithfully
 THE POWERS-OF-ATTORNEY ACT, 1882

ARRANGEMENT OF SECTIONS

SECTIONS
1. Short title.
Local extent
Commencement.
IA. Definition.

2 Execution under power-of-attorney.

3. Payment by attorney under power, without notice of death, etc., good.
4. Deposit of original instruments creating powers-of-attorney.
5. Power-of-attorney of married women.
6. (Repealed,].
 THE POWERS-OF-ATTORNEY ACT, 1882
AcT No. 7 OF 1882'
(24th February, 1882.]
An Act to amend the law relating
to PowerS-of-Attorney.
For the purpose of amending the law relating
follows: to Powers-of-Attorney. It is hereby
enacted as
1. Short title.-This Act
may be called the
Local extent.--It applies to the Powers-of-Attorney Act, 1882.
Kashmir]: whole of India ' [except the State
of Jammu and
Commencement.-and it shall come into force on the first
IA. day of May, 1882.
aspecifiedDefinition.-In this Act,
person to act for and in "power-of-attorney" includes any instrument
the name of the person empowering
2. Execution under executing it.]
thinks fit, execute or do any
and his own seal, where
power-of-attorney.-The
*** instrument or thingdonee of a power-of-attorney may, if
in and with his he
every *** instrument andsealing is required, by the authority of the own name and signature,
been executed or done by thing so executed and done, shall be as donor of the power; and
of the donor thereof. the donee of the power
in the name, and witheffectual in law as if it had
the signature and seal,
This section applies to
Act comes into force. powers-of-attorney created by instruments executed
either before or after this
3. Payment by attorney
making or doing any payment under power, without notice of death,
be liable in respect of or act in good faith, in pursuance a etc., good.Any person
the power had died orthe payment or act by reason that, before of power-of-attorney, shall not
the payment
power, if the fact of death, become *** of unsound mind, or act, the donor of
*** O*** or insolvent, or had
the time of the payment or unsoundness of mind, O*** insolvency or revoked the
act, known to the person revocation was not, at
But this section shall not making or doing the same.
money so paid; and that person affect any right against the
had against the payer, if the shall have the like remedypayee of any person interested in any
payment had not been made by against him.
the payee as he would
have
This section applies only to
payments and acts made or done after
4. Deposit of original this Act comes into force.
creating a power-of-attorney,iinstruments creating powers-of-attorney , (a) An instrument
other sufficient evidence, may,its execution being verified by affidavit,
Court or District Court] within with the affidavit or declaration, statutory
if any, be depositeddeclaration or
the local limits of whose in the High
(b) A separate file of jurisdiction the instrument may be.
file, and inspect every instruments so deposited shall be kept; and any person
out to him on request. instrument so deposited; and a certified copy thereof May search that
shall be delivered
1. Extended to Dadra and
Schedule and to Nagar Haveli by the Dadra and
Nagur Haveli (Laws) Regulation,
2.Subs. by Act 3Pondicherry by the Pondicherry
of 1951, s. 3 and (Extension of Laws) Act, 1968 (26 of 1963 (6 of 1963); s. 2 and the First
3.Ins. by Act 55 of 1982, s. 2 the Schedule, forexcept 1968),
(w.e.f. 22-10-1980). Part B States" ,
4.The word "assurance"
omitted by s. 3, ibid, (w.e.f.
5.The word "lunatic," omitted 22-10-1980).
6. The word "lunacy," omitted by s. by s. 4, ibid. (w.e.f. 22-10-1980).
7. The word "or bankrupt" 4, ibid. (w.e.f. 22-10-1980).
8. The word "bankruptcy," omitted by s. 4, ibid. (w.e.f. 22-10-1980).
9.Ins. by s. 5, omitted by 8. 4, ibid. (w.e.f.
ibid. (w.e.f. 22-10-1980). 22-10-1980).
 (C) A copy of an instrument so deposited may be presented at the office and may be stamped
or marked as a certificd copy, and, when so stamped or marked, shall become and be a certified
copy.

(a) A certified copy of an instrument so deposited shall, without further proof, be sufficient
evidence of the contents of the instrument and of the deposit thereof in the High Court "(or
District Court).
(e) The High Court may, from time to time, make rules for the purposes of this section, and
prescribing, with the concurrence of the State Government, the fees to be taken under clauses (a), (b)
and (c).
2 k

(g) This section applies to instruments creating powers-of-attorney executed either before or after this
Act comes into force.
5. Power-of-attorney of married women,--A married woman of full age shall, by virtue of this
Act, have power, as if she were unmarried,] by a non-testamentary instrument, to appoint an attorney on
her behalf, for the purpose of executing any non-testamentary instrument or doing any other act which she
might herself execute or do; and the provisions of this Act, relating to instruments creating powers-of
attorney, shall apply thereto.
This section applies only to instruments executed after this Act comes into force.
6. [Act 28 of 1866, section 39 repealed.] Rep. by the Amending Act, 1891 (12 of 1891),
s. 2 and the First Schedule.

1.Ins. by Act 55 of 1982, s.

2. Clause () rep. Act 6 of 5.
3. Subs. by Act 55 of 1982,1900, s. 48 and the Second
s. 6, for certain words Schedule.
(W.e.f. 22-10-1982).
DRAFT OFAGREEMENT FOR SALE

THIS AGREEMENT FOR SALE 0s made and executed on this the day
200
BETWEEN

Mr. so, aged years residing at

Hereinafter called "The SELLER" (which expression shall mean and include her legal
heirs, sucoessors, successors-in-interest, executors, administrators, legal representatives, attorneys
and assigns) of ONE PART.
AND

Mr. s lo aged L years residing at Hereinafter

referred as "The PURCHASER" (represented by his power of attorney) which expression shall mean
and include his heirs, successors, executors, administrators, legal representatives, attorneys and
assigns of the OTHER PART.

WHEREAS THE SELLER is the absolute owner in possession and enjoyment of the more fully
described in the schedule hereunder and hereafter called the "SCHEDULE PROPERTY.

WHEREAS the property more fully described in the schedule hereunder is the self acquired property
of the SELLER who purchased the same from Mr. in and by sale deed dated
and registered as Doct No. of Book 1Volume No Page
No to registered on and filed on the file of the Sub-Registrar,

WHEREAS the SELLER is the absolute owner of the property and he has been enjoying the same
with absolute right and he has clear and marketable title to the Schedule Property
WHEREAS the SELLER being in need of funds for the purpose of. has decided to
sell the property more fully described in the Schedule hereunder and the PURCHASER has offered to
purchase the same.
WHEREAS the SELLER offered to selland transfer the schedule property to the PURCHASER for a
sale consideration of Rs. (Rupees only) and the PURCHASER herein has
agreed to purchase the same for the aforesaid consideration on the following terms and conditions:
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

The Sale consideration of the Schedule Property is fixed at Rs. (Rupees only).
The PURCHASER has paid a sum of Rs. (Rupees only) by cash
cheque /D.D. bearing No drawn on dated as advance, the receipt
of which sum the SELLER hereby acknowledges.
The balance payment of Rs. (Rupees only) will be paid by the
PURCHASER to the SELLER at the time of execution of the absolute Sale Deed and thus completing
the Sale transaction.
The parties herein covenant to complete the Sale transaction and to execute the Absolute Sale Deed
by the end of

The SELLER Confirms with the PURCHASER that he/she has not entered into any agreement for
sale, mortgage or exchange whatsoever with any other person relating to the Schedule Property of
this Agreement.
The SELLER hereby assures the PURCHASER and he/she has absolute power to convey the same
and there are no encumbrances, iens, charges, Government dues, attachments, acquisition, or
requisition, proceedings etc.

The SELLER agrees to put the PURCHASER in absolute and vacant possession of the schedule
property after executing the sale deed and registering the same in the jurisdictional Sub-Registrar's
office

The SELLER COvenants with the PURCHASER that he/she shall not do any act, deed or thing
creating any charge, lien or encumbrance in respect of the schedule property during the subsistence
of this Agreement.
The SELLER has specifically agreed and covenants with the PURCHASER that helshe shall do all
acts, deeds and things which are necessary and requisite to convey absolute and marketable title in
respect of the schedule property in favour of the PURCHASER or his nominee.

IT IS AGREED between the parties that allexpenses towards Stamp Duty and Registration charges
shall be borne by the PURCHASER only.

The PURCHASER shallhave the right to nominate or assign his right under this agreement to any
person / persons of his choice and the SELLER shall execute the Sale Deed as per terms and
conditions of this Agreement in favour of the PURCHASER or his nominee or assignee.
The SELLER has agreed to get consent deed duly executed to this Sale transaction from his
wife/her husband, sons and daughters on or before date of registration of Sale Deed and assured that
they alljoin to execute sale deed in favour of the purchaser.
It is hereby expressly provided and agreed by the parties here to that both parties are entitled to
enforce specific performance of the agreement against each other in case of breach of any conditions
mentioned in this Agreement.

The original of the "AGREEMENT" signed by both the parties shallbe with the PURCHASER and
copy of the same similarly signed shall be with the SELLER.
SCHEDULE

IN WITNESS WHEREOF the SELLER and the PURCHASER have signed this Agreement of Sale on
the day month and year herein above mentioned in the presence of the witnesses:
WITNESSES:

Signed by SELLER
In presence of

Signed by PURCHASER In presence of