During my internship I learned how to draft five kinds of
deeds under Transfer of Property Act,1882. They were a) sale deed b) mortgage
deed c) lease deed d) exchange deed e) gift deed.
I further learned about the Components of Drafting a Deed.
They are as follows:-
The title of the deed should be correct such as ‘This Deed of Sale’.
Date and Place: Date
regarding a deed is the date on which deed has been executed. Date should be
written in words as well as in figures. Place in context of deed refers to the
territorial and legal jurisdiction.
Description of Parties:
For the purpose of identification full details of the parties is to be given. The
transferor should be mentioned first and then the transferee while describing
contains the history of the property which is to be vested to the transferors. Recitals
begin with the words “WHERE AS”.
Testatum: Testatum is the “witnessing Clause” which refers to the introductory
recital agreement and also states the consideration. Witnessing clause usually
begins with the words “NOW THIS DEED WITNESSES”.
Consideration and Receipt: By Consideration we mean the amount which the transferee
gives to the transferor in exchange of the property received by him. The
acknowledgement of the consideration amount by the transferor is known as the
Description of the Property: The property as per the registration law has to be
described in details. For example: north, south, east west etc of the property;
area, location, survey no., permitted use etc.
Parcels Clause: A
transferor of property passes forthwith to the transferee all the interest
which the transferor is then capable of passing in the property unless
different intentions are expressed or implied.
The Clause starts with the words “All Those”
part of deed which states the interest, the purchaser is to take in the
property is known as the Habendum. This Clause starts with the words “TO HAVE
AND TO HOLD”.
Signature and Attestation Clause: Signature of all of parties to the deed should be
attested and witnessed by two parties.
Annexure or Schedule: Schedule
consists of the site plan or map
plan showing exact location of property like survey no. , gali no etc.