Deeds

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DEEDS

NAME: R.Priya Darshini


CLASS: B.Com.LLB (Hons.)
SECTION: B
YEAR: 5TH year
SUBJECT: Drafting, Pleading and Conveyancing
FACULTY NAME: Mr.Samuel
DATE OF SUBMISSION: 06.03.2023
PROJECT:
PRESENTATION:

TEACHERS SIGNATURE STUDENTS SIGNATURE


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TABLE OF CONTENTS

S.NO PARTICULARS PAGE NO

1. Lease deed 3

2. Gift deed 7

3. Sale deed 13

4. Deed of cancellation 18

5. Will 21

6. Power of Attorney 23

7. Mortgage deed 27

8. Agreement for sale 30

9. Partnership deed 34

10. Agreement between two firms 39

11. Exchange deed 43

12. Rectification deed 47

13. Deed of adoption 50


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LEASE DEED

A lease Deed is an important document when you rent a property. You need to register the lease
deed under the Registration Act, 1908. The lease deed format includes the mutual agreement
between the property owner & tenant. Check this article to know about the lease deed format,
and lease registration process.

A lease deed is an agreement between the tenant and the property owner for a specific time
period.
The agreement includes the rent amount, payment period, and some other parameters mutually
agreed by both parties.
A lease deed states that the tenant will receive the lease rights to utilize the owner’s property for
a certain period.
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LEASE DEED

An agreement made on 15 day of August, 2021 between Smt. S.Thenmozhi (herein after called
“the Lessor”) of the one part and Sri.N.Parthasarathy (hereinafter called “the Lessee”) of the
other part.

Whereby it is agreed as follows:

1. The Lessor hereby demises to the Lessee all that dwelling house with the land fully described
in the schedule hereto together with all out-houses, pucca well, motor garage, kitchen, pathways,
passage, garden and other appurtenances thereof, situated at Maraimalainagar to hold the same to
the Lessee from 19th day of September for the term of 5 years paying therefor during the said
term the monthly rent of Rs.10,000/- (Rupees Ten thousand only) payable on the first day of the
month succeeding that for which the rent is due;

2. The Lessee hereby agrees that he will during the said term (tenancy) pay all rates; taxes and
other charges excluding the house tax which now are or may hereafter become payable in respect
of the demised property;

3. The Lessor hereby agrees as follows: -

(i) That the Lessor shall keep the premises in good and substantial repairs during the said term
and shall annually white-wash and do all necessary repairs to the out-houses and demised
premises and on the Lessee giving the Lessor notice in writing of any special decays, defects and
want of separation the Lessor will within one calendar month from the receipt of such notice
repair and amend the same;

(ii) That the Lessor shall repair when necessary, the well, the passages, pathways and the road
connecting the provincial road with the bungalow hereby demised and shall get the well cleaned
at least once a year.

4. Provided always and it is hereby agreed as follows:

(i) That whenever any part of the rent hereby reserved shall be in arrears for 3 months after due
date or there shall be a breach of any of the covenants by the Lessee herein contain the Lessor
may re-enter on the demised premises and determine this lease.
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(ii) The tenancy hereby created shall be determinable at the option of the Lessor/Lessee (or either
party) by giving to Lessee/Lessor (or, the other party) 15days notice in writing.

5. It is hereby agreed between the parties that in respect of the demised premises the parties
hereto shall respectively have all the rights and be subject to all the liabilities of a lessor and of a
lessee as set forth in Section 108 of the Transfer of Property Act, 1882, except Clause (m)
thereof which is hereby excluded. 6. It is hereby agreed between the parties as follows:

(i) That any demand for payment or notice requiring to be made upon or given to the Lessee shall
be sufficiently made or given if sent by the Lessor or his agent through the post by registered
letter addressed to the Lessee at the demised premises and that notice requiring to be given to the
Lessor shall be sufficiently given if sent by the Lessee through the post by registered letter
addressed to the Lessor at his usual or last known place of residence or business and that any
demand or notice sent by post in either case shall be assumed to have been delivered in the usual
course of pose.

(ii) That wherever such in interpretation would be necessary in order to give the fullest scope and
effect legally possible to any covenant or contract herein contained the expression “the Lessor”
herein before used shall include the owner for the time being of the Lessor’s interest in the
demised premises and the expression “the Lessee” herein before used shall include his heirs,
executors, administrators and permitted assigns.

In witness whereof the parties have put their signatures hereunder on the day and the year first
above -written (or, on the respective date mentioned against their signatures)

SCHEDULE

(Leased under this deed) All the piece and parcel of immovable property bearing No.226*

Measuring 800 sq. ft.

Bounded by:-

On the East :

On the West :

On the South :
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On the North :

Market value of the property leased under this deed is Rs. 25,00,000/- (Rupees Twenty five
Lakhs only). The Stamp duty is paid as per Article 30 of the Schedule to the Karnataka Stamp
Act, 1957.

IN WITNESS WHEREOF the parties herein have affixed their respective signatures to this deed
at Maraimalinagar on this 15th day of August, 2019 year in presence of the witness:

WITNESSES:

1. LESSOR

2. LESSEE
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GIFT DEED

A gift deed is an agreement that is used, when a person wishes to gift his property or money to
someone else. A moveable or immovable property can be gifted voluntarily using gift deed, from
the donor to the donee. A gift deed allows the property owner to gift the property to anyone and
avoids any future dispute arising out of succession or inheritance claims. A registered gift deed is
also evidence in itself and unlike in the case of a will, the transfer of property is instant and you
will not be required to go to the court of law for execution of gift deed and hence, deed of gift
also saves time.

Draft of a gift deed must include the following details:

• Place and date on which the gift deed is to be executed.


• Relevant information on gift deed regarding the donor and the donee, such as their
names, address, relationship, date of birth and signatures.
• Complete details about the property for which you draft a gift deed.
• Two witnesses to bear testimony of the gift deed and their signatures.
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GIFT DEED

THIS GIFT DEED is made and executed on this 25th day of July, 2021 by

Ms. R.Ponnamal aged about 85 years, Wife of Sri. S.Rathinam, Director General of
Police (Retd.), Nadar, permanent resident of No.25, Perumalpuram, Valliyoor Taluk,
Thirunelveli-95, P.S. Kavalkinaru, Thirunelveli District, Tamilnadu-627 127 at present residing
at No.65, Kovilpati, Kambar street, Thoothukudi-86, Thoothukudi District Tamilnadu-75

SRI. R.Rajagopal, aged about 50 years, Son of S.Rathinam, Nadar, Steno typist, resident of
No.45, TNHB colony Velachery, Chennai-32, P.S.Velachery, Chennai, Tamilnadu, 600032 at
present residing at No.57, Chandran street, Saidapet, P.S. Saidapet, Chennai, Tamilnadu-
600025

Hereinafter referred to as “DONOR” which term unless repugnant to the context shall mean and
include all his heirs, legal representatives, administrators and successors-in-interests, assignees
and nominees etc. of the ONE PART

IN FAVOUR OF

Sri. R.Sudermani aged about 65 years, Son of Sri.S.Rathinam, Steno typist, Nadar,
permanent resident of No.876, TNHB colony, P.S. Velachery, Chennai, Tamilnadu-600032.

Hereinafter called the “DONEE” which term unless repugnant to the context shall mean
and include all his heirs, legal representatives, executors, successors-in-interest, assignees,
nominees and administrators etc. of the OTHER PART

TYPE OF DEED :
GIFT DEED APPROXIMATE MARKET VALUE OF THE PROEPRTY: Rs.
20,00,000(Rupees Twenty Lakhs)

SHORT DESCRIPTION OF THE PROPERTY :

Village-: Kannankulam,Thana No. – 256, Tahasil –Valliyoor, District – Thirunelveli, Plot


No.(s)- 25 and 26 of Total Area. 5 acres transacted Area-Ac. 876 Dec., Annual Rent reserved
is Rs.3,00,000/-

WHEREAS the Donor herein is the absolute owner and possessor of of the part and
parcel of the immovable property more fully detailed and delineated under the Schedule of
Property and in the sketch map annexed hereto which was inherited through succession
Thus the Donor herein is the owner and having absolute authority, un-impeachable
marketable title, full and perfect alienable rights in the above said property and he has been
enjoying the peaceful, continuous and uninterrupted possession of the above said property.
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THUS the Donor hereby grants, conveys and transfers unto and to the use of the Donee
herein forever. ALL THAT PIECE & PARCELS of the said property along with all rights, title,
interest, easement rights, appurtenances etc., in the said property free from all encumbrances,
charges, prior sales, tenancy claims, mortgages, exchanges, illegal-encroachments, gifts, court
litigations and demands etc., of whatsoever nature and delivered the complete vacant and
peaceful physical possession of the same to the Donee and the Donee has accepted the same.
AND TO HAVE & HOLD the said property unto and to the use of the Donee herein
forever, the Donor hereby declares, covenants and agrees with the Donee.

NOW THIS GIFT DEED WITNESSETH AS FOLLOWS:

1. That the Donor hereby covenants and declares that he is the absolute owner and possessor
of the property hereby Gift and has every right, authority and competency to transfer, alienate
the said property absolutely in favour of the Donee herein.

2. The Donor hereby further covenants, declares and agrees that the gifted property is free
from all encumbrances such as mortgages, charges, lien, demands, interest, security, litigations,
surety, prior sales, government or private attachments and or any other charges etc., of any
nature whatsoever.

3. The Donor hereby further covenants and declares that he has not done any act whereby
the property hereby sold is either encumbered or the Donor herein is in any manner debarred or
prevented from selling and transferring the same absolutely in favour of the Donee herein.

4. The Donor states that there is neither any legal embargo nor any legal impediment in the
gifted property.

5. The Donor herein further covenants, declares and assures that he has put the Donee
herein in actual vacant and complete physical possession of the said property hereby gifted and
that the Donee herein shall be entitled to enjoy the possession so delivered and to receive all
rents, outcomes, profits, thereform without any interruption or disturbances either by the Donor
herein or any other person claiming through or under the Donor.

6. The Donor further hereby covenants, declares and agrees that if any defect is found or
discovered in the title of the Donor with regard to the property hereby sold or due to such defect
in title if the Donee herein deprived of the whole or any part of the property hereby sold the
Donor herein shall duly reimburse & compensate the Donee to the extent of the loss & expenses
caused to the Donee.
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7. The Donor hereby further covenants, agrees and declares that he has paid all the taxes
and charges payable in respect of the property hereby sold, upto the date of execution and
registration of Gift Deed, if any such amount remains unpaid or the same is recovered from the
Donee herein or the Donee herein is compelled to pay the same the Donor herein shall duly
reimburse to the Donee to the extent of the same.

8. The Donor hereby covenants, agrees and declares that he shall support every lawful
application made for changes and mutation before the concerned corporation and other offics.

9. The Donor further hereby declares and covenants that he shall always indemnify and
keep indemnified the Donee against all claims, by any person whatsoever in derogation of the
full, absolute and unencumbered title of the Donee.

10. The Donee will automatically become member of the society or association of the
complex and donee shall abide the rules and bye-laws of the society and other rules as stipulated
in the sale deed of the Donor.

THE SCHEDULE OF THE PROPERTY

DISTRICT : Thirunelveli
TAHASIL : Valiyoor
P. S. : Kavalkinaru
()1MOUZA/VILLAGE : Kannakulam

PLOT NO.s : 25 and 26 Kissam -95

Bounded by :
North –
South -
West–
East -

Linier Measurements (admeasured by)


From East to West in the North Side - ……………. Links/Feet/Metre
South Side - ……………. Links/Feet/Metre
From North to South in the East Side - ……………. Links/Feet/Metre
West Side - ……………. Links/Feet/Metre
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All the plots are vacant land. No Building or structure of any kind exists over these plots.
The declaration in Form – A is annexed herewith.
[If any Building/Structure Exists then details of the Structure in the Declaration in Form-
B]

DECLARATIONS:

We, the DONOR, to the best of our knowledge and belief declare that
1. That we the DONOR belongs/doesn’t belong to Scheduled Caste and the DONEE
belongs/doesn’t belong to any Scheduled Caste or any Scheduled Tribe.
2. The property gifted in this deed does not belong to or given in or endowed for the
purpose of any public religious institutions.
3. The property gifted in this deed does not belong to, or given in, or endowed to any public
deity.
4. This property does not belong to Odisha Bhoodan Yagna Samiti/ Urban Local body of
the State.
5. That the said transaction of land is not prohibited/ restricted by any Act/law of the State
or Central Government.

IN WITNESS WHEREOF, this Gift Deed is made, executed and signed by the Donor in
favour of the Donee on this the day, month and year aforementioned with his own free will,
consent and good conscience, without any coercion, fraud, undue influence, mis-representation
and duress etc., after having fully understood the contents of the same in presence of the below
mentioned witnesses.
.
The content of the deed was explained to us/ We understood the content of the
deed and found Correct.

SIGNATURE OF DONOR SIGNATURE OF THE DONEE


IN ACCEPTANCE OF THE GIFT
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WE stand witness to the voluntary execution of this deed by the DONOR by subscribing
our signatures on the date mentioned there under.

1. SIGNATURE :

NAME :
ADDRESS :

2. SIGNATURE :

NAME :
ADDRESS :
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SALE DEED

A sale deed is basically a legal document that enables the owner or seller of the property to
transfer the rights of the property in the name of the buyer. Register the property at the local sub-
registrar office once the seller draws the sale deed draft. In several cases, people often ask if it is
mandatory to get a sale deed registered. Yes, it is very critical to get the sale deed registered.
Until a sale deed is not registered, the buyer can not become the rightful owner of the property in
the context of the law.

Draft of a sale deed must contain the following:

• Details of Both the Parties


• Property Details
• Indemnity Clause
• Payment Details
• Mode of payment
• Possession of Property
• Witnesses of the Property:
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DEED OF ABSOLUTE SALE

This DEED OF ABSOLUTE SALE is made and executed on this 15th of March, 2022.

BETWEEN

Sri Manavai Kundhan, son of Sri/Late Nyanam, aged about 35 years, holding PAN
BLUPS4233F, by Caste Chettiar, by Nationality Indian, residing at No.20, Pandian Street,
Opposite to Raja Theatre, in the centre of Kavalkinaru, Valiyoor Taluk, Thirunelveli-624 908,
hereinafter called the "SELLER" (which expression shall mean and include his legal heirs,
successors, successors-in-interest, executors, administrators, legal representatives and assigns) of
the ONE PART.

AND

Sri. Vaar Pirai, daughter of Sri. Ponn muthu, aged about 29 years, by Caste Aasari, by
Nationality Indian, holding PAN ULIFS9877E, residing at No. 25, Near Gemini theatre,
Appuchi Gramam, Sivagasi Taluk, Near Thamirabarani river, Thirunelveli-625 908,
hereinafter called the "PURCHASER" (which expression shall mean and include his legal heirs,
successors, successors-in-interest, executors, administrators, legal representatives and assigns) of
the OTHER PART.

The SELLER and the PURCHASER are hereinafter referred collectively as parties and
individually as party.

WHEREAS the SELLER is the absolute owner, in possession and enjoyment of the piece and
parcel of land measuring about 5 decimal, lying and situated in R.S. Plot Number 56,
corresponding L.R. Plot Number 26, Recorded in R.S. Khatian Number 78 and L.R. Khatian
Number 54, at Mouza 87, J.L. Number 43, Touzi Number 67, under Police Station Kavalkinaru,
Registration Sub-District Valliyoor, in the district of Thirunelveli, more fully and particularly
described in the schedule here under written and hereafter referred to as the "SCHEDULE
PROPERTY”.

AND WHEREAS the SCHEDULE PROPERTY was the self-acquired property of Sri.Nyanam,
deceased father of the SELLER and he purchased the same from Sri Iyya kannu, son of
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Mutharasu, by virtue of a Sale Deed dated 26th November 1986, registered in the office of the
Valiyoor, in Book 1, Volume No. 5, Pages 96 to 106, Being Number 95 for the Year 1986.

AND WHEREAS the said Nyanam died in-estate on 12th December 2021 leaving behind his
only son namely, Sri Manavai Kundhan, the SELLER herein, as the only legal heir.

AND WHEREAS the SELLER herein, as the only legal heirs of the deceased Mr.Manavai
Kundhan, have become the absolute owner of the SCHEDULE PROPERTY since the death of
his father Sri.Nyanam on 12th December 2021 and he has been enjoying the same with absolute
right, title and interest since then and he has clear and marketable title to the SCHEDULE
PROPERTY.

AND WHEREAS the SELLER being in need of funds to meet his personal commitments and
family expenses have decided to sell the SCHEDULE PROPERTY and the PURCHASER has
agreed to purchase the same.

AND WHEREAS the SELLER agreed to sell, convey and transfer the SCHEDULE
PROPERTY to the PURCHASER for a total consideration of Rs.50,00,000 (Rupees
Fifty Lakhs) only and the PURCHASER herein agreed to purchase the same for the aforesaid
consideration and to that effect the parties entered into an agreement on the 19.2.2022.

NOW THIS DEED OF SALE WITNESSETH:

1. THAT in pursuance of the aforesaid agreement and in consideration of a sum of


Rs.50,00,000 (Rupees Fifty Lakhs) only received by the SELLER in cash and upon receipt of
the said entire consideration of Rs.50,00,000 (Rupees Fifty Lakhs) only (the SELLER doth
hereby admit, acknowledge, acquit, release and discharge the PURCHASER from making
further payment thereof) the SELLER doth hereby sells, conveys, transfers, and assigns unto
and to the use of the PURCHASER the SCHEDULE PROPERTY together with the water
ways, easements, advantages and appurtenances, and all estate, rights, title and interest of the
SELLER to and upon the SCHEDULE PROPERTY TO HAVE AND TO HOLD the
SCHEDULE PROPERTY hereby conveyed unto the PURCHASER absolutely and forever.
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2. THAT THE SELLER DOTH HEREBY COVENANT WITH THE PURCHASER AS


FOLLOWS:

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

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

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

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

v. That the SELLER have handed over the vacant possession of the SCHEDULE
PROPERTY to the PURCHASER on1st March, 2022 and delivered the connected
original title document in respect of the SCHEDULE PROPERTY hereby conveyed on
the date of execution of these presents.

vi. That the SELLER will at all times and at the cost of the PURCHASER execute, register
or cause to be done, all such acts and deeds for perfecting the title to the PURCHASER in
the property hereby sold and conveyed herein.

vii. That the SELLER do hereby covenants and assures that the PURCHASER is entitled to
have mutation of his name in all public records, local body and also obtain all documents
in the name of the PURCHASER and undertakes to execute any deed in this respect.
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SCHEDULE OF PROPERTY

All that piece and parcel of land measuring about 5 decimal, lying and situated in R.S. Plot
Number 56, corresponding L.R. plot Number 26, Recorded in R.S. Khatian Number 78 and L.R.
Khatian Number 54, at Mouza 87, J.L. Number 43, Touzi Number 67, under Police Station
Kavalkinaru, Registration Sub-District Valiyoor, in the district of Thirunelveli, butted and
bounded by:

On the North :

On the South :

On the East :

On the West :

IN WITNESS WHEREOF the SELLER and the PURCHASER have set their
signatures on the day month and year first above written.

MANAVAI KUNDHAN

SELLER

VAAR PIRAI

PURCHASER

WITNESSES:

1. Kannapan

2. Rosammal
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DEED OF CANCELLATION

Sections 31 to 33 of the Specific Relief Act, 1963 provides illustrations regarding when and how
a sale deed can be canceled. According to this Act, cancellation is possible when and if:
1. An individual feels that the deed is voidable or has a doubt that such a deed will cause
him injury if left outstanding.

2. If the deed was registered according to the laws prescribed in the Indian Registration
Act, 1908, the court shall send a copy of its decree to the officer in whose office the
instrument has been so registered; and such officer shall note the facts of its
cancellation.

3. The cancellation may also be executed by mutual consent of all parties.


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Deed Of Cancellation

THIS DEED OF CANCELLATION made this 14th day of January 2000 between Purushoth
(hereinafter referred to as the purchaser) of the one part and Venkateshwaran (hereinafter
referred to as the vendor) of the other part:
WHEREAS by an Agreement made between the parties hereto and registered in the office of the
Sub-Registrar of Valliyoor Book No. I, Vol. IV Pages 65 to 68 being No. 96 for the year 1998 it
was witnessed that the party hereto of the 1st part agreed to purchase the property fully
mentioned in the Schedule thereto as also in the Schedule hereunder written and hereinafter
referred to as the said property at and for the sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) on
terms contained therein.
AND WHEREAS the party of the 1st part paid to the party of the 2nd part a sum of Rs.
5,00,000/-as earnest money, on the basis of the said agreement.

AND WHEREAS the said sum of Rs. 5,00,000/- was in terms of the said agreement secured by a
charge on the said property.

AND WHEREAS the said agreement is in full force and virtue.

AND WHEREAS it has now been agreed by and between the parties hereto that the party of the
2nd part shall refund to the party of the 1st part the said sum of Rs. 5,00,000/- and also pay a
further sum of Rs. 5,00,000/- on account of all his costs, charges and expenses for searches,
investigation of title and on other accounts whereupon the said agreement shall stand cancelled.
AND WHEREAS the party of the 2nd part has refunded to the party of the 1st part the said sum
of Rs. 5,00,000/-and paid Rs. 5,00,000/- as aforesaid which the party of the 1st part doth hereby
as also by the receipt hereunder written, admit, acknowledge and confirm.

AND WHEREAS the party of the 2nd part has also returned to the party of the 1st part the said
agreement for sale dated the 01.01.2001 endorsed as cancelled. Now this indenture witnessed
that for the consideration as aforesaid the party hereto of the 1st part doth hereby agree, declare
and confirm that he has no longer any right, title, claim or interest in the said property under and
by virtue of the hereinbefore recited agreement for sale which stands cancelled with immediate
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effect and shall hereafter be of no force and effect whatsoever and further that the party of the 1st
part doth hereby and hereunder grant, release, discharge, reassure the said property and every
part thereof unto and to the party of the 2nd part freed and discharged from the charge, security,
claim, created thereon under and by virtue of the said recited agreement for sale as aforesaid and
all claims, demand, cause of action arising out of or in connection with the same and the party of
the 1st part doth hereby covenant with the party of the 2nd part that he has not done any act, deed
or thing whereby or by reason or means whereof he is prevented or hindered from cancelling the
said agreement for sale and/or releasing and reassuring the said property in the manner as
aforesaid.
The Schedule above referred to
OR HOWSOEVER OTHERWISE the same may be butted, bounded, called, known, numbered,
described or distinguished.

IN WITNESS WHEREOF the party of the 1st part doth hereunder set and subscribe his hand and
seal the day, month and year first above-written.
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WILL
A will is a legal declaration for a voluntary posthumous disposition of property.The law relating
to wills may be found in the Indian Succession Act, (ISA) 1925 where Section 58 states the law
therein applies to everyone except Muslims.

Draft of an will must contain

• Personal Details – You have to state your name, father’s name, residential
address, Date of Birth etc.,
• Declaration of Date – It is very important to clearly mention the date of preparing
your Will.
• Validate Free Will – You can mention that you are not under any influence and
you are not forced to prepare this Will by any person.
• Provide Executor’s Details – Executor is the person who will implement/execute
your Will. Hence, clearly mention his/her name, address, your relationship with
him/her, age etc.,
• Details of Assets & Beneficiaries – This is a very important section. List all
immovable properties with clear addresses. Mention the movable assets like bank
deposits, insurance, units of mutual funds etc., Mention the name of
beneficiary(ies) for each asset. (For Mutual Funds – mention the Folio no’s)
• Signature – Sign the Will after mentioning the above details
• Signature of Witnesses – You have to get the Will attested by minimum two
witnesses. Make sure that they mention their father’s names and addresses.
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WILL

I, R.Priya Darshini, daughter of Shri.R.Rajagopal, aged 35 years, resident of No.25, Poes


Garden, Chennai-07, do hereby revoke all my former Wills, Codicils and Testamentary
dispositions made by me. I declare this to be my last Will and Testament.
I maintain good health, and possess a sound mind. This Will is made by me of my own
independent decision and free volition. Have not be influenced, cajoled or coerced in any manner
whatsoever.
I hereby appoint my daughter V.Kiya, as the sole Executor of this WILL.
The name of my husband is Victor. We have two children namely, (1) Kiya (2) Karan, I own
following immovable and movable assets.
1. One Flat No.95 in Neelankarai.
2. Jewellery, ornaments, cash, National Saving Certificate, Public Provident Fund, shares
in various companies, cash in hand and also with certain banks.
All the assets owned by me are self-acquired properties. No one else has any right, title, interest,
claim or demand whatsoever on these assets or properties. I have full right, absolute power and
complete authority on these assets, or in any other property which may be substituted in their
place or places which may be Acquired or received by me hereafter.
I hereby give, devise and bequeath all my properties, whether movable or immovable,
whatsoever and wheresoever to my daughter, Ms.V.Kiya, absolutely forever.
IN WITNESS WHEREOF I have hereunto set my hands on this 25 day of February, 2000 at
Chennai.

TESTATRIX
SIGNED by the above named Testatrix as his last WILL and Testament in our presence, who
appear to have perfectly understood & approved the contents in the presence of both of us
presents, at the same time who in his presence and in the presence of each other have hereunto
subscribed our names as Witnesses.
WITNESSES:
1. Victor
2. Rajagopal
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POWER OF ATTORNEY

The term power of attorney (POA) refers to a legal authorization that gives a designated person
the power to act for someone else. As such, a POA gives the agent or attorney-in-fact the
authority to act on behalf of the principal. The agent may be given broad or limited authority to
make decisions about the principal's property, finances, investments, or medical care.

Draft of a Power of Attorney must contain the following:

• The power of attorney must contain the date of execution.


• The power of attorney must be signed by the principal or by another adult in the principal’s
presence and under the direction of the principal.
• The power of attorney is signed and acknowledged before a notary public or is signed by two
witnesses.
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POWER OF ATTORNEY

BE KNOWN TO ALL BY THESE PRESENTS THAT I, Parandhagan (hereinafter called the


EXECUTANT), do hereby appoint, nominate, authorize and constitute Anirudha Bramayar as
my true legal and lawful General Attorney in respect of my property bearing number 56 with the
free hold rights of the land under the said flat.

I hereby empower my above named attorney to do the following acts, deeds and things in my
name and on my behalf:-

1. To Manage, Control and supervise the aforesaid flat in all respect, to sign the Sale Deed and to
get the same registered with the Registration Authorities. She can sign all kinds of
forms/affidavit/undertakings documents etc. which are necessary on my behalf. She can also
obtain supplemental rectification Deed for this flat in due course.

2. To enter into sale agreement, to receive earnest money, part payment if any and to execute the
said sale agreement and receive final consideration amount in his own name.

3. To execute the Sale Deed, sign, verify and present the same for registration in the office of the
Sub Registrar, Delhi to admit its execution, to receive the sale consideration, give statements and
do all other acts deeds and things which are necessary for the same.

4. To apply and obtain the necessary sale permission through the NO OBJECTION
CERTIFICATE from the concerned departments.

5. To enter into Rent Agreement in respect of the aforesaid flat or its part, to execute Rent
Agreement, to receive advance, to receive security, to issue rent receipt, to deliver possession to
get the tenant evicted through the process of law or by negotiation, to take back possession of the
aforesaid flat.
25

6. To obtain permission for selling this flat from the competent Authority in his favour or his
nominee and fulfill necessary formalities in this regard.

7. To sign all kinds of prescribed forms/affidavit/undertaking/ document on my behalf.

8. To get the aforesaid flat transferred and mutated in the record of the concerned authority.

9. To execute a WILL regarding this flat in favour of any person of his choice. In that the WILL
executed by me regarding this very flat shall be deemed to have been cancelled/withdrawn.

10. To submit a building plan for additional and alterations on the said flat and to submit
necessary estimates etc. for the purpose.

11. To deposit House Tax, Electricity and Water Charges or any other dues and demands to the
concerned authority.

12. For any of the aforesaid purposes, to do the following acts deeds and things under his own
signatures:

(a) To reply to the letters and notices, to make correspondence, to make representations, to make
petitions.

(b) to sign, execute submit and present forms etc.

(c) to sign, submit and execute affidavits declarations, indemnity Bonds, Surety, Bonds,
undertakings, No objection etc.

(d) To produce documents and to give statements.

13. To execute, sign and present all kinds of suits, plaints complaints, Appeals, Revision,
Statement, Applications, in connection with the aforesaid flat and its management.
26

14. To proceed with the conduct of all court proceedings for this flat and its management and
appoint an advocate for the purpose.

15. To compromise compound or withdraw court cases, to appoint architectures to proceed with
arbitration proceedings, to engage lawyers, to deposit and withdraw money, to execute decree, to
receive and recover the decreed amount, issue receipts and to take necessary steps for the
purpose.

16. To appoint anyone else as further General Attorney with such power as are considered
necessary by his for this flat and to delegate all these powers on the said attorney.

17. I admit that this General Power of Attorney shall remain irrevocable under all circumstances.

18. I, the Executant have also executed an Agreement to sell in respect of the said flat and on the
request of the said purchaser. I have executed a General Power of Attorney in favour of the said
property so as to conclude the sale after the registration of Conveyance Deed of the said flat in
his favour or in favour of his nominees and I also hereby ratify and confirm that all acts, deeds
and things done by the said Attorney for this flat shall be binding on me in all respects.

IN WITNESS WHEREOF I have executed this General Power of Attorney at New Delhi on this
1st day of March, 2023 in the presence of the following witnesses.

EXECUTANT
WITNESSES:

1.Karikalan

2.Nandhini
27

MORTGAGE DEED
In India, Mortgage is governed under Section 58 to 104 of the Transfer of Property Act, 1882. A
Mortgage can be defined as the transfer of interests in a specific property to secure the loan
advanced or to be advanced in the future. In other words, we can say that when any person takes
a loan from anyone, some security is required to be kept with the lender to have the assurance
that in case of default in the repayment of the loan, the lender can recover his money from that
security.

The person who mortgages his property against the loan is called “Mortgagor.” Whereas the
person to whom the property is mortgaged is called Mortgagee” and the terms and conditions
related to mortgages are contained in the “Mortgage Deed”.

Draft of a mortgage deed must contain the following:

• Parties

• Description of the deed

• Details of the property

• Recital

• Habendum

• Covenant for repayment

• Mortgage clause

• Redemption clause

• Attestation and witnesses


28

Simple Mortgage Deed

This Deed of Mortgage made at Saidapet this 19th day of January, 2018 Between Ms.Kalaivani,
son of resident of No.25, Raja street, Kannigapuram, Chennai-600 028, hereinafter called as a
mortgagor of the ONE PART and Mr.Mara, son of Mr.Nedunchezhiyan resident of hereinafter
called as a mortgagee of the OTHER PART.

Whereas the mortgagor is absolutely seized and possessed of or otherwise well and sufficiently
entitled to the house bearing municipal no. 65 situated on Jones Road, more particularly
described in the Schedule hereunder written;

And Whereas the mortgagor has requested the mortgagee to lend him a sum of Rs. 40,00,000/-
(Rupees Forty Lakhs only) which the mortgagee has agreed on the mortgagor mortgaging his
property.

Now This Deed Witnesseth That in pursuance to the said agreement and in consideration of the
sum of Rs. 40,00,000/- at or before the execution of these presents paid by the mortgagee to the
mortgagor (the receipt whereof, the mortgagor doth hereby admit and acknowledge and of and
from the same hereby release and discharge the mortgagee), the mortgagor hereby covenants
with the mortgagee that he will pay on the 12th day of July (hereinafter called "the said date"),
the said sum of Rs. 40,00,000/- with interest @ 5 % per annum from the date of these presents
till the repayment of the said sum in full, every quarter the first installment of interest to be paid
on the 16th day of December 2000 and each subsequent installment on the 12th day of July,
October, January and April of each succeeding year until the said sum is repaid in full.

And This Deed Further Witnesseth That

In consideration aforesaid, the mortgagor doth hereby transfer by way of mortgage his house
bearing municipal no 65 situated on Jones Road and more particularly described in the Schedule
hereunder written as a security for repayment of the said sum with interest @ 5 % per annum
with the condition that the mortgagor, his heirs, executors, administrators or assigns shall on the
said the pay to the mortgagee, his heirs, executors, administrators or assigns the said sum of
Rs.40,00,000/- together with interest thereon at the rate mentioned above, the said mortgagee, his
heirs, executors, administrators, or assigns shall at any time thereafter upon the request and at the
29

cost of the mortgagor, his heirs, executors, administrators or assigns reconvey the said house,
hereinbefore expressed to be mortgaged unto or to the use of the mortgagor, his heirs, executors,
administrators or assigns or as he or they shall direct.

And It Is Hereby Agreed And Declared that if the mortgagor does not pay the said mortgage
amount with interest when shall become due and payable under these presents, the mortgagee
shall be entitled to sell the said house through any competent court and to realise and receive the
said mortgage amount and interest, out of the sale proceeds of the house.

And It Is Further Agreed And Declared by the mortgagor that during the period, the mortgage
amount is not paid and the said house remains as a security for the mortgage amount, the
mortgagor shall insure the said house and take out an insurance policy in the joint names of the
mortgagor and mortgagee and continue the said policy in full force and effect by paying
premium and in case of default by the mortgagor to insure or to keep the insurance policy in full
force and effect, the mortgagee can insure the said house and the premium paid by the mortgagee
will be added to the mortgage amount, if not paid by the mortgagor on demand.

And It Is Further Agreed That the mortgagor can grant lease of the said house with the consent of
the mortgagee in writing.

And It Is Further Agreed by the Mortgagor that he shall bear stamp duty, registration charges and
other out of pocket expenses for the execution and registration of this deed and reconveyance
deed but however each party will bear cost and professional charges of his Solicitor/Advocate.

IN WITNESS WHEREOF the parties have put their hands the day and year first hereunder
written.

The Schedule above referred to

Signed and delivered by Kalaivani the within named mortgagor

Signed and delivered by Mara the within named mortgagee

WITNESSES;

1. Dharani dharan

2. Abhinandhan
30

AGREEMENT FOR SALE


An agreement for sale is a legal contract between seller and purchaser regulating the mutual
promises made by each party. It is a formal document that evidences the sale and purchase of
certain goods or immovable property. An agreement for sale is a legal document and a written
promise to transfer certain goods or property for consideration (money). It records the terms of
such transfer and such payment and also the penalty in case of non-transfer of goods/property or
non-payment of consideration.

It should consist of all the necessary terms and conditions. The following are important terms
that must be included in a agreement for sale among others:
1. The relevant personal details of the parties such as full name, residential addresses and
ages of the parties to the agreement,
2. Description of the goods/property to be sold by the seller,
3. Method of delivering the goods and the time taken for the delivery of such
goods/properties,
4. Terms of the payment, including the mode of payment, the amount to be paid by the
purchaser to the seller and the duration within which the payment is to be completed,
5. Indemnity clause designed to seek compensation from the seller should there be any
losses/expenses in the future,
6. Penalty clause explaining the details of what the penalty would be if the seller or
purchaser defaults in performing their duties as per the agreement,
7. Clause stating the right to call off the deal,
8. General clauses such as termination of agreement, applicable laws, arbitration clause,
etc.) and
9. Date of signing of the agreement.
31

AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE is made and executed on this the 19th day January, 2009

BETWEEN

Ms. P.Kiruthiga d/o. Parthiban aged 25 years residing at Thiruvottiyur Hereinafter called "The
SELLER" (which expression shall mean and include her legal heirs, successors, successors-in-
interest, executors, administrators, legal representatives, attorneys and assigns) of ONE PART.

AND

Ms. R.Priya Darshini d /o R.Rajagopal aged 25 years residing at Velachery 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 Ms.S.Keshav Priya in and by sale deed
dated 19.02.2002 and registered as Doct No.45 of Book 1 Volume No. VI Page No. 76 to 86,
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 starting her new business has
decided to sell the property more fully described in the Schedule hereunder and the
PURCHASER has offered to purchase the same.
32

WHEREAS the SELLER offered to sell and transfer the schedule property to the PURCHASER
for a sale consideration of Rs.30,00,000/- (Rupees Thirty Lakhs 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. 30,00,000/- (Rupees Thirty Lakhs
only).

The PURCHASER has paid a sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) by as
advance, the receipt of which sum the SELLER hereby acknowledges.

The balance payment of Rs.15,00,000/- (Rupees Fifteen Lakhs 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, liens, 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.
33

The SELLER has specifically agreed and covenants with the PURCHASER that he/she 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 all expenses towards Stamp Duty and Registration
charges shall be borne by the PURCHASER only.

The PURCHASER shall have 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 all join 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 shall be 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:
1.
2.
Signed by SELLER_____________
In presence of
Signed by PURCHASER______________
In presence of
34

PARTNERSHIP DEED

A Partnership Deed is the most important document required while entering into a partnership.
Although a partnership deed can be an oral or written, an agreement for partnership needs to be
written. A Partnership Deed outlines the rights and responsibilities of all the parties to a business
operation. It is designed to guide the partners for conducting the business.

The deed of partnership must contain the following details:


1. The relevant personal details of the parties such as full name, residential addresses and
ages of all the partners,
2. Nature of business carried on,
3. Date of commencement of business,
4. Duration of partnership,
5. Capital contribution,
6. Profit and loss share ratio of each partner,
7. Obligations, rights and duties of each partner,
8. Salaries and commissions payable to each partner,
9. Rules in case of death or retirement of partner,
10. Interest on capital payable to partners,
11. Extent of borrowings that a partner can draw,
12. Preparation of accounts of firm,
13. Procedure to be followed in case disputes arise between parties,
14. Penalty clause explaining the details of what the penalty would be if a partner defaults in
performing his/her duties as per the agreement,
15. Clause stating the right to call off the deal,
16. General clauses such as termination of agreement, applicable laws, arbitration clause, etc.
and
17. Date of signing of the deed.
35

PARTNERSHIP AGREEMENT

This Deed of Partnership is made at Ernakulam on this 25th day of May by and between:
Shri.Kasinathan aged about 30 years, son of Shri.M.Maruthamuthu resident of No.25, Kambar
street, Edapally, Kerala-65 (Hereinafter to be called the First Party); Shri.S.Gandhi mahaan aged
about 32 years, son of Shri.S.Dhruv Vikram resident of No.56, Nambiar street, Wagamon,
Kerala-74 (Hereinafter to be called the Second Party); Shri. Vivekanand aged about 29 years,
son of Shri. Ravichandran resident of No.49, Kollam, Kerala-76 (Hereinafter to be called the
Third Party); Shri.Venkateswaran aged about 33 years, son of Shri.Lingasamy resident of
(Hereinafter to be called the Fourth Party);
WHEREAS the parties to this deed have been carrying on the business of selling icecream under
the name and style of “Cream bear” with its principal place of business at Kochi on the terms and
conditions incorporated in the Partnership Deed executed on 14.08.2005.
AND WHEREAS vital amendments have been made by the Finance Act, 1992 in the procedure
for assessment of firm. Consequent to the said amendment, the parties to this deed had a meeting
and have orally and mutually agreed to amend and alter some of the terms and conditions
contained in the aforesaid partnership deed with effect from 1-4-1992.
AND FURTHER WHEREAS the parties to this deed have been carrying on the above said
business in partnership on the terms and conditions orally and mutually agreed amongst
themselves as aforesaid;
AND WHEREAS the parties to this deed desire that the terms and conditions on which they have
been carrying on the above said business in partnership since 2005 and propose to continue in
future be reduced to writing to avoid future difficulties or misunderstanding.
NOW, THEREFORE THIS DEED WITNESSETH as under, incorporating the aforesaid
amendment/ alteration in the terms and conditions of the partnership:
1. That the partnership business has been and shall continue to be carried on under the name
and style of Cream bear.
2. That the partnership business has been and shall continue to be that of icecream with its
principal place of business at Kochi. The parties by mutual consent may carry on
business at such other place or places, in such other name or names and of such other
nature or natures, as they may deem fit and proper from time to time.
3. That the amount lying to the credit of the partners as on 1-4-1992 shall be deemed as
their capital investment. Further capital, loans or deposits looking to the
needs/requirements of the partnership firm shall be arranged, invested or contributed by
the partners.
4. That interest at the rate of 18% per annum or as may be prescribed under section
40(b)(iv) of the Income-tax Act, 1961 or any other applicable provisions as may be in
force in the income-tax assessment of the partnership firm for the relevant accounting
period or at a lower rate as may be agreed to by and between the parties from time to time
shall be paid to the partners or credited to the partners on the amount standing to the
credit of the account of the partners. Such interest shall be considered as an expenditure
of the firm and shall be debited to the Profit & Loss Account of the firm before arriving
36

at the divisible profit or loss. The interest to persons other than partners shall be paid or
credited to their accounts at the rate or rates as may be agreed to by and between the
partners and such persons from time to time.
5. That Shri Maruthamuthu Shri. Gandhi Mahaan and Shri.Vivekanand the parties of the
Edapally, Wagamon and Ernakulam parts have agreed to keep themselves actively
engaged in conducting the affairs of the business of the partnership firm. The said
partners shall be working partners. It is hereby agreed to that in consideration of the said
parties keeping themselves actively engaged in the business of the partnership firm and
working as working partners, shall be entitled to remuneration.
The remuneration payable to the said working partners shall be computed in the manner laid
down or deduction under section 40(b)(v), read with Explanation 3 of the Income-tax Act, 1961
or any other applicable provision as may be in force in the income-tax assessment of the
partnership firm for the relevant accounting year. Such amount of remuneration shall be
distributed between the said working partners in the following proportion:
A. Shri. Maruthamuthu 25 per cent of such amount
B. Shri. Gandhi mahaan 25 per cent of such amount
C. Shri. Vivekanand 25 per cent of such amount
The partners shall be entitled to increase or reduce the above remuneration and may agree to pay
remuneration to other working partner or partners as the case may be. The partners may also
agree to revise the mode of calculating the above said remuneration as may be agreed to by and
between the partners from time to time.
6. That the parties hereto shall be true and faithful to each other and shall not do or cause to
be done anything which may be detrimental to the interest of the firm.
7. That the parties shall keep or cause to be kept proper books of account and documents and
shall make entries therein of all receipts, payments and other matters as is usually done
and entered in the books of account kept by persons engaged in business similar to that of
the firm. Each partner shall have a right to have access to and to inspect and take copy of
the same.
8. That the partnership has been and shall be a partnership at will.
9. That the net profit of the partnership firm after deduction of all expenses including rent,
salaries, other establishment expenses, interest and remuneration payable to the partners
in accordance with this deed of partnership or any supplementary deed as may be
executed by the partners from time, to time, shall be divided and distributed amongst the
partners in the following proportion:
Sr. No. Name of Party Share in profits
1.
2.
3.
4.
The losses, if any, including loss of capital suffered in any year shall also be apportioned in the
above said proportion.
37

10. That the bank account or accounts have been and shall be maintained in the name of the
firm and shall be operated singly or jointly by the partners.
11. That the books of account shall be closed on 31st day of March each year. The net profit
or loss after deducting all expenses, interest, remuneration, outgoings shall be divided
between the parties in proportion to the sharing ratio referred to hereinabove.
12. That notwithstanding anything contained in the Indian Partnership Act it is hereby
mutually agreed to by and between the parties that in case of death of any one or more
partners, the firm shall not be dissolved but shall continue to be carried on by and
between the surviving partners and legal heirs and/or representatives of the deceased
partner, as a continuing concern, on the same terms and conditions as incorporated in this
Deed or on such terms and conditions as may be agreed to by and between them from
time to time. It is hereby further clarified that it shall be deemed as change in constitution
and not succession.
13. That with respect to any matter connected with the affairs of the firm, which is not
specifically provided for herein, the partners may make such agreements therefor and
may set in such manner with regard thereto as may be agreed upon by and between
themselves.
14. That if the partners deem proper and in their interest, they may admit any other person or
persons as partners on the terms and conditions as may be mutually agreed amongst
themselves.
15. That the partners to this deed are partners in their individual capacity/representing HUF
styled as “Cream bear” The parties do not represent any other person.
16. All bonds, bills, notes, bills of exchange, hundies or promissory notes or other securities
given on behalf of the partnership (except cheques) shall be signed, endorsed, accepted or
executed jointly by all the partners and any bond, bill, note, bill of exchange, etc. to
which any partner may be a party contrary to this provision shall be deemed to have been
on the personal account of such partner and he shall pay and discharge the same out of
his own moneys and indemnify other partners and the firm against payment thereof and
against all actions, proceedings, costs, charges, expenses, claims and demands in respect
thereof.
17. That the parties of Kollampart are not working partners but are only financing, dormant
and sleeping partners. The parties of Kollam part need not be in charge of, responsible to
the firm for the conduct of the business of the firm and need not take interest in day-to-
day working and business of the partnership firm.
That the parties of the Kollam part shall not be liable to any criminal action for the business or
working of the partnership firm or for the acts of the other partners or its employees or its
representatives for and on behalf of or on account of the partnership firm or for the purposes of
the partnership firm. The said partners shall not be liable for any liability, civil or criminal,
against the partnership firm or other partners.
That the said partners shall not become and shall not be liable for any criminal action for any
default or offence committed by other partners or employees or authorised representatives of the
firm under the Income-tax Act, Customs Act, Foreign Exchange Regulation Act, Sales tax Laws
or other Central or State Acts, laws, Rules or Regulations.
38

18. That the partners shall be entitled to modify the above terms relating to remuneration,
interest, etc. payable to partners by executing a supplementary deed and such deed when
executed shall have effect unless otherwise provided from the first day of accounting
period in which such supplementary deed is executed and the same shall form part of this
deed of partnership.
19. That all disputes and questions in connection with the partnership or this deed arising
between the partners or between any one of them or their legal representatives and
whether during or after the partnership, shall be referred to the arbitrator in accordance
with the provisions of the Arbitration and Conciliation Act, 1996 then in force.
IN WITNESS WHEREOF the parties to this deed have set their hands on the day and year first
above written and in the presence of:
First Party Second Party
Third Party Fourth Party
WITNESSES;
1.
2.
39

AGREEMENT BETWEEN TWO LIMITED COMPANIES

This Deed of Partnership is made at Chennai on this 22nd day August of 2022 between M/s.
Rose & Co. Pvt. Ltd., a Company registered under the Companies Act, 1956. and having its
registered office at Pune hereinafter referred to as the, Party of the First Part. and M/s. Jack &
Co. a Company registered under the said Act and having its registered office at Kolkatta
hereinafter referred to as the 'Party of the Second Part'.

Whereas both the parties of the First Part and of the Second Part are, under their respective
Memorandum of Association, entitled to carry on the business of producing electricity and
supplying the same to any area.

And Whereas both the Parties of the First Part and Second Part are entitled to enter Into
partnership with any person or persons including a company for carrying on the business
authorised by their respective Memorandum of Association.

And Whereas the parties hereto have proposed to set up in joint collaboration a plant to produce
electricity and supply the same to the town of ... and to enable them to pool together their
finances and technical expertise they have therefore proposed to enter into a partnership.

And Whereas the parties have obtained license or permission of the Govt. for producing and
supplying electricity to the said town.

And Whereas it is, therefore, proposed to enter into this deed of partnership containing the terms
and conditions agreed upon between the parties.

Now it is agreed by and between the Parties hereto as Follows:-

1. The parties hereto agree to carry on the business hereinafter mentioned In partnership on
the terms and conditions herein mentioned, In the name and style of M/s. Titanium Restaurant.

2. The partnership shall commence from the 10th day November of 2022 and the period of the
partnership shall be for a period of ten years from the date hereof. The said period may be
extended as the parties may by mutual consent decide.

3. The business of the partnership (hereinafter referred to as the 'Firm') consist of selling high
quality Asian food at the city of Chennai.

4. The office of the partnership shall be at Chennai. The parties will open branches at such
other places as may be agreed upon.

5. The parties have contributed towards the initial capital of the firm a sum of Rs... in equal
shares. The partners will contribute such further amounts towards the capital of the firm in
equal... shares as may be required from time to time. If any partner shall contribute more amount
than Its share In the capital It will be treated as a loan by it to the Firm carrying Interest at the
maximum rate allowable as deduction under the Income Tax Act.
40

6. The net profits and losses of the Firm will be shared by the partners hereto in equal shares
or proportion. Net profit will mean gross profit earned in each year less the expenses of the
management of the business including the rent of the premises of the Firm including outgoings
In respect of the salaries and wages of the staff, commission paid to others, and all other
expenses Incurred In connection with the business of the firm and all other expenses as may be
allowable as deduction under the Income Tax Act.

7. The accounting year of the Firm will be from 1st April to 31st March of each Christian
calendar year.

8. At the end of each accounting year an account of the business carried on in that year will be
made and a statement of accounts namely a Balance Sheet and Profit and Loss Account will be
prepared and signed by the partners. The accounts will be got audited by a Chartered Accountant
every year.

9. The Managing Director or any other authorised representative of each of the parties hereto
will represent his company on the Firm and for all practical purposes he will be considered as the
partner of this partner- ship.

10. The books of accounts and all other record of the Firm will be always kept at the office of
the Firm and will be open for inspection by any of the partners hereto at any time.

11. All the working staff such as clerks, peons, accountants, cashier, technicians, salesmen and
others will be appointed by the joint consent of the parties hereto and their wages and salaries
and other emoluments will be fixed by mutual consent of the parties hereto.

12. Each of the Parties hereto shall -

a. participate and attend to the business of the Firm through their respective Managing
Director or authorised representative for the time being to the greatest common advantage of the
Firm.

b. be just and faithful to each other.

c. render true accounts and full information of all moneys affecting the Firm to the other,

d. indemnify the Firm for any loss caused to it by wilful negligence or fraud in the conduct of
the business.

e. attend to the business of the Firm diligently and actively.

f. not withdraw any amount for its own profit, benefit or use as remuneration or otherwise
without the consent of the other.

g. be entitled to be indemnified by the Firm in respect of payment made and liabilities incurred
by him
41

i. in the usual and proper course of business of the Firm. and

ii. in doing any act for protecting the Firm from loss in emergency.

13. All the tangible and Intangible assets of the Firm including the goodwill, stock in-trade,
benefit of business licenses and permits, benefits of contracts entered etc. In relation to the said
business will belong to the Parties In equal shares and the property of the Firm shall be used by
the parties exclusively for the business of the firm.

14. Every party shall account for the profits earned from any transaction of the Firm or for the
use of the property in business transaction of the Firm.

15. Any party hereto shall not, without the consent of the other and in respect of or relating to
the said partnership business,

a. submit any dispute with any other person to arbitration or com- promise or relinquish any
claim,

b. withdraw any suit or legal proceedings filed by the Firm,

c. admit any liability of the Firm,

d. acquire or dispose of any immovable or moveable property, except the stock In trade in the
ordinary course of business.

e. assign or transfer Its share or any Interest in the Firm, (f) admit any person as a partner In
the Firm,

f. borrow any moneys for or in the name of the Firm, or create any security or charge on the
assets of the Firm,

16. The Parties shall open one or more accounts either current, saving or overdraft or cash
credit with one or more banks as may be agreed upon by the Parties and the account or accounts
will be operated by the Managing Director or other authorised representative of each of the
Parties hereto.

17. No party hereto shall be entitled to dissolve the partnership before the expiration of the said
period aforementioned.

18. If any party does not desire to continue the partnership or if any party goes Into winding up
voluntarily or through Court, the other party hereto will be entitled to take over the entire
business together with all assets and subject to all liabilities at a valuation to be made through the
Chartered Accountants of the Firm and the share of the former Party will be paid by instalments
as may be agreed upon or decided by Arbitration.
42

19. On the expiration of the said period of ten years or the extended period if any, the business
of the partnership together with its assets and liabilities will be transferred to another company to
be formed and registered jointly by the parties hereto on such terms as may be agreed upon
failing which the partnership will be dissolved and the dissolution will be effected In terms of the
provisions of the Partnership Act, 1932.

20. If any dispute or difference shall arise between the parties hereto touching the business of
the Firm or interpretation of any provision hereof, or otherwise. however relating to the Firm and
its business, the same shall be referred to arbitration of a common arbitrator if agreed upon.
failing which to two arbitrators one to be appointed by each party to the arbitration and the
arbitration shall be governed by the Arbitration & Conciliation Act, 1996.

21. The parties shall. as early as possible but in any event within the prescribed period get the
Firm registered under the Partnership Act, 1932 and the Income Tax Act. 1961.

22. Nothing In this Deed shall be constrained to prevent or disable any party hereto to carry on
any business in terms of Its Memorandum of Association anywhere except the business of the
partnership and no partner shall be entitled to have any right or concern with the other business
and internal management of the other.

23. This Deed is executed in duplicate and one copy will remain with the Party of the First Part
and the other will remain with the Party of the Other Part.

IN WITNESS WHEREOF the parties have put their respective hands the day and year first
hereinabove written.

Signed and delivered for and on behalf of the within named M/s. Rose & Co. Ltd., by its
Managing Director, Ms.Rose Dawson duly authorised In that behalf by the Board of Directors.
In the presence of Daniel

Signed and delivered by the within named M/s. Jack Co. Ltd., by Its ManagingDirector Mr.Billie
Mann duly authorised by the Board of Directors, Mr. Cooper Conelley In the presence of
Ms.Francesca
43

EXCHANGE DEED

Section 118 of Transfer of Property Act, 1882 defines Exchange deed as “when two persons
mutually transfer ownership of one thing for the ownership of another, neither thing or both
things being money only, the transaction is called an “Exchange”. From above we understand
that for being an “Exchange”:
i. There must be two person transferring ownership of one thing for the ownership
of another
ii. Neither thing or both things being money only.
44

EXCHANGE DEED
This deed of Exchange is executed on 21st day of April of 2015 by Sri.Anish,
S/o.Vijayasekaran, occupation Stenotypist, and aged 32 years, residing at Chennai Herein after
called the PARTY OF THE FIRST PART.

And

Smt.Kala, W/o.R.Raghavendra, occupation house wife, aged 36 years, residing at Kanyakumari.


Herein referred to as the PARTY OF THE SECOND PART.

Whereas, the term the First Party and the Second Party unless repugnant to the context shall
mean and include their representatives heirs, successors, executors, administrators, trustees, legal
representatives and assigns.

Whereas, the First Party herein, is the sole and absolute owner of immovable property bearing
No. 56 known as Boganville situated at Nagercoil morefully described in the First Schedule
hereunder written and herein after called the First Schedule property.

Whereas, the First Party is the absolute owner, having acquired the property, by and since then
First Party has been in possession and enjoyment of the First Scheduled property and paying
taxes and levies thereon, as sole and absolute owner thereof.

Whereas, the Second Party herein, is the sole and absolute owner of immovable
property bearing No.56 known as Raghu villas situated at Anjugramam more fully described in
the Second Schedule hereunder written and herein after called the Second Scheduled property.
Whereas, the Second Party is the absolute owner, having acquired the property, by and since then
Second Party has been in possession and enjoyment of the Second Scheduled property and
paying taxes and levies thereon, as sole and absolute owner thereof.

Whereas it has been agreed between the parties hereto to exchange their respective properties
viz. First scheduled property written here under unto and to the use of the Second Party in
consideration of the Second Scheduled property here under written unto the use of First Party.

Where as the market value of the First Scheduled property is assessed at Rs.10,00,000/- Where
as the market value of the Second Scheduled property is assessed at Rs.10,00,000/-

Where as the parties here to have now agreed to execute this deed of exchange.

NOW THIS DEED WITNESSETH that in pursuance of the aforesaid agreement and in
consideration of the party of the Second Part conveying to the party of the First Part the Second
Scheduled property hereunder written and Second Party hereby grant and convey by way of
exchange unto the party of the First Part absolutely and for ever all that piece and parcels of the
property described in the Second Scheduled together with all t h e liabilities, easements, profits,
privileges, advantages, rights, members and appurtenances whatsoever of the said Second
Scheduled property and also together with all the deeds, documents, writings and other evidences
of title relating to the said Second Scheduled property and all the estate, right, title, interest, use,
45

possession, benefit, claim and demand whatsoever, both at law and in equity of the party of the
First Part TO HAVE AND TO HOLD the said Second Scheduled property hereby granted and
conveyed by way of exchange unto and to the use and benefit of the party hereto of the First Part
subject to payment of all rents, taxes, assessments, rates, duties, now chargeable upon the same
or which may herein after become payable in respect thereof to the local authority.

NOW THIS DEED WITNESSETH that in pursuance of the aforesaid agreement and in
consideration of the party of the First Part conveying to the party of the Second Part the First
Scheduled property hereunder written and First Party hereby grant and convey by way of
exchange unto the party of the Second Part absolutely and for ever all that piece and parcels of
the property described in the First Scheduled together with all the liabilities, easements, profits,
privileges, advantages, rights, members and appurtenances whatsoever of the said First
Scheduled property and also together with all the deeds, documents, writings and other evidences
of title relating to the said First Scheduled property and all the state, right, title, interest, use,
possession, benefit, claim and demand whatsoever, both at law and in equity of the party of the
Second Part TO HAVE AND TO HOLD the said First Scheduled property hereby granted and
conveyed by way of exchange unto and to the use and benefit of the party hereto of the Second
Part subject to payment of all rents, taxes, assessments, rates, duties, now chargeable upon the
same or which may herein after become payable in respect thereof to the local authority.

Whereas each of the parties of the First and the Second Part mutually covenants with the other
that;
(i) He has now in himself, absolute right, full power and absolute authority to grant the scheduled
property hereby granted or assured or intended to be by him unto and to the use of the other party
in manner aforesaid.
(ii) That the other party shall and may at all times hereafter peacefully and quietly enter upon
have occupy, possess and enjoy the scheduled property conveyed to him and receive the profits
thereof and for his own use and benefit without any suit, eviction, interruption, claim or demand
whatsoever from or by him the covenanting party or his heirs, or any of them or any persons
lawfully or equitably claiming or to claim by from under or in trust for them or any of them.
(iii) The said scheduled property is free from all encumbrances, claim, and attachment of
whatsoever in nature.
(iv) He the covenanting party and all the persons having or lawfully claiming any estate or
interest whatsoever in the scheduled property is conveyed by him shall and will from time to
time and at all times herein after at the request and cost of the other of them do and execute or
caused to be done and executed such further and other acts deeds, things, conveyances and
assurances in the law whatsoever for the better and more perfectly assuring the said land and
premises conveyed to him by the other and every part thereof unto and to the use of, the party to
whom it is conveyed in the manner aforesaid as by him his heirs, executors, administrators and
assigns shall be reasonably require.
46

FIRST SCHEDULE
(Property belongs to First Party exchanged to the Second Party)
All the piece and parcel of immovable property
7 bearing No.____________
Measuring _______________
Bounded by:-
On the East :
On the West :
On the South :
On the North :
Market value of the property under this deed is Rs.
(Rupees____________________________________only).
4
SECOND SCHEDULE
(Property belongs to Second Party exchanged to the First Party)
All the piece and parcel of immovable property
7 bearing No.____________
Measuring _______________
Bounded by:-
On the East :
On the West :
On the South :
On the North :
Market value of the property under this deed is Rs.
(Rupees____________________________________only).
The Stamp duty is paid on the market value as stated above.
IN WITNESS WHEREOF the First Party as well as the Second Party have put their
respective hands the day and year first herein above written.
WITNESSES:
1. FIRST PARTY
2. SECOND PARTY
47

DEED OF RECTIFICATION
Rectification or Confirmation deeds are also known as correction deeds. They are entered
between two parties to rectify any errors made in a previous deed. These errors may include
typing errors, misspelled names, errors in the property description, or any other error in the
execution of the documents. These mistakes can be later corrected through a deed of
confirmation.

Draft of the rectification deed must contain the following:

• Once the details are agreed upon by the parties the same should be transferred to a duly
executed document.
• Registration charges and stamp duty are to be paid by the parties as per the laws of the
state.
• The deed then needs to be registered in the Sub-Registrar’s office where the original deed
had been registered.
• On the off chance that there is an error in the rectification deed (ironic but quite
possible!), a supplementary rectification deed can be executed by paying requisite stamp
duty and registration charges.
48

DEED OF RECTIFICATION
This deed of rectification is executed at June 15, 2020, between Ram Charan, son of Deen Dayal,
residing at Gomti Nagar, Lucknow, hereinafter referred to the RECTIFIER which term includes
its successors and assigns of the ONE PART;
And
Ravi Kumar, s/o Ram Kumar, residing at, Vikas Puri, Kanpur, hereinafter referred to as
PURCHASER which term includes his heirs, executors, administrators, representatives and
assigns of the OTHER PART
WHEREAS the property was sold by the rectifier in favour of the purchaser herein in and by
sale deed dated and registered in the file of the Sub Registrar of hereinafter referred as the
principal deed.
WHEREAS in the principal deed in line 4 of page number 6 the survey number of the property
was wrongly typed as 208 instead of 218. .
WHEREAS this typographical error has come to the knowledge of purchaser and requested the
rectifier to rectify the same.
This rectification deed confirms that the principal sale deed shall remain in full force and
effect, except for the changed aforementioned.
That no consideration has been received by the RECTIFIER for executing this Deed of
Rectification.

Survey No of property
(In the principal deed)
208

Survey No of property
(Rectified by this deed of Rectification)
218

Property market value: Rs 1 crore


49

In witness whereof the RECTIFIER and the PURCHASER have set their hands on the day and
month year first above written in the presence of:

WITNESS RECTIFIER
Ram Charan
Lakhan Pal
Rahul Yadav
PURCHASER
Ravi Kuma
50

DEED OF ADOPTION

Adoption involves the creation of the parent-child relationship between individuals who are not
naturally so related. The adopted child is given the rights, privileges, and duties of a child and
heir by the adoptive family. It is a Legal document wherein all rights and responsibilities, along
with filiation, from the biological parent or parents is transferred to adopted parents.

An Adoption Deed should cover the personal details of the adoptive parent(s) and the natural
parents (as the case may be). The gender of the child being adopted, along with the age should
also be mentioned. Apart from this, the will of the adoptive parents to adopt the child should be
stated in clear words. The consent of the natural parents to give their child for adoption to the
adoptive parents must also be stated. The fact of transfer of legal rights and liabilities of the
adopted child to the adoptive parents is also to be stated, along with the duty of maintenance of
the child by the adoptive parents. The Adoption Deed must also mention the date of adoption and
bear signatures of adoptive parents and natural parents.
51

DEED OF ADOPTION

THIS DEED OF ADOPTION is made and entered into at Madurai on this 25th day of March,
2020bBETWEEN MR.Aandhan, Adult, Indian Inhabitant of Delhi, residing at No.25, Moor
Market, hereinafter referred to as the 'ADOPTIVE FATHER' (which term and expression shall
unless it be repugnant to the context or meaning thereof shall mean and include his heirs,
executors, administrators and assigns) of the ONE PART and MRS. Bindu, Adult, Indian
Inhabitant of Pune, residing at No.25, Saree market, hereinafter referred to as the 'NATURAL
MOTHER' (which term and expression shall unless it be repugnant to the context or meaning
thereof shall mean and include her heirs. executors, administrators and assigns) of the SECOND
PART and MASTER Aarav, a Minor, through her Natural Mother and Guardian, Mrs. Bindu, the
Party of the Second Part herein, hereinafter referred to as the 'Adopted Son' of the THIRD
PART.

WHEREAS the Party of the Second Part herein had married Sudhakar on 12.10.2005 at Chennai
and after marrying Mr. Sudhakar, her name was Mrs. Bindu Sudhakar, hereinafter for the sake of
brevity referred to as the 'Said Marriage'.

AND WHEREAS out of the Said Marriage, there has been an issue i.e. a Male Boy namely,
"Aarav", born on 03.06.2006, hereinafter for the sake of brevity referred to as the Said Boy.

AND WHEREAS due to their difference of opinion the Party of the Second Part and her the then
husband i.e. Shri Sudhakar preferred a Petition No. AA 23/2007 for Divorce by Mutual Consent
in the Family Court at Chennai and the Honorable Court was pleased the dissolve the Said
Marriage vide their order passed below Exh. 6 on 12.05.2008 besides awarding the permanent
custody of the Said Boy to the Party of the Second Part herein, hereinafter for the sake of brevity
referred to as the 'Said Order'

AND WHEREAS Mr. S R the Ex-Husband of the Party of the Second Part herein did not prefer
any Appeal and/or revision against the Said Order and Judgment.
52

AND WHEREAS the Party of the First Part herein has married the Party of the Second Part
herein and have registered their marriage at the office of the Sub-Registrar of Assurances
(Marriage Officer),___vide Their Receipt No.______/_______ dated__________, hereinafter for
the sake of brevity referred to as the 'Said Second Marriage'.

AND WHEREAS the Party of the First Part has married the Party of the Second Part herein, has
decided to Adopt the Party of the Third Part herein as he is issueless and has married the natural
mother of the Said Boy.

AND WHEREAS the natural mother (the Party of the Second Part herein) consented for the said
adoption and on ______________ the physical act of giving and taking of the boy in adoption
was performed, namely the natural mother gave the third party in adoption and the adaptor took
the boy as adopted son accompanied by performance of Datta Homam.

AND WHEREAS the parties considered it necessary and expedient that a Deed of Adoption be
executed so as to be authentic record of the Adoption having already taken place.

NOW THEREFORE THIS INDENTURE WITNESSETH AS FOLLOWS;

1. It is hereby declared that on _________ the party of the Second Part i.e. the Natural Mother
of the Third Party gave in adoption her son "AD" to the Adopter who took the boy in Adoption.
The Adopter took the boy in Adoption, the physical act of giving and taking was also
accompanied by Datta Homam ceremony and in the presence of assembled brotherhood of the
parties.

2. As a result of the aforesaid adoption the Third Party was transferred legally from the
Natural Mother to the Parties of the First and Second Part herein and Adopter became entitled to
all the rights and obligations of his Adopted Son.
53

3. The Adopted Boy by virtue of the Said Adoption has become member of the Coparcenary
with his Adopted father and shall be entitled to inherit his self acquired property if indisposed of
and shall be entitled to succeed to his Joint Ancestor's property by Survivorship except that if a
legitimate son is born subsequent to his adoption, the right of inheritance of succession of the
adopted son shall be regulated by Rule of the Hindu Law.

4. The Adopter, first party, shall be responsible for the maintenance and education of the
adopted son and agrees to bring him up according to his status in life.

5. The Natural Father of the Said Boy having relinquished all his right, title, interest and claim
over the said boy and Natural Mother having married the Party of the first part herein after her
marriage having been dissolved by the Family Court,_____and being continue to remain as
Natural Mother of the Said Boy, question of taking any consent from anybody does not arise at
all.

6. The Adopter shall not lay any claim hereinafter against the natural father for expenses
incurred by him for the education and maintenance of the Said Boy/Adopted Son.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective
hands to this on the day and year first hereinabove written

SIGNED, SEALED AND DELIVERED)

By the within-named Party of First Part)

In the presence of ____________________

SIGNED, SEALED AND DELIVERED)

By the within-named Party of Second Part)


54

In the presence of_________________ )

1)

2)

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