During my internship I learned how to draft five kinds ofdeeds under Transfer of Property Act,1882. They were a) sale deed b) mortgagedeed c) lease deed d) exchange deed e) gift deed. I further learned about the Components of Drafting a Deed.
They are as follows:- a) Deed Title:The title of the deed should be correct such as ‘This Deed of Sale’. b) Date and Place: Dateregarding a deed is the date on which deed has been executed. Date should bewritten in words as well as in figures. Place in context of deed refers to theterritorial and legal jurisdiction. c) Description of Parties:For the purpose of identification full details of the parties is to be given. Thetransferor should be mentioned first and then the transferee while describingthe parties. d) Recitals: Recitalscontains the history of the property which is to be vested to the transferors. Recitalsbegin with the words “WHERE AS”.
e) Testatum: Testatum is the “witnessing Clause” which refers to the introductoryrecital agreement and also states the consideration. Witnessing clause usuallybegins with the words “NOW THIS DEED WITNESSES”. f) Consideration and Receipt: By Consideration we mean the amount which the transfereegives to the transferor in exchange of the property received by him. Theacknowledgement of the consideration amount by the transferor is known as thereceipt. g) Description of the Property: The property as per the registration law has to bedescribed in details. For example: north, south, east west etc of the property;area, location, survey no., permitted use etc. h) Parcels Clause: Atransferor of property passes forthwith to the transferee all the interestwhich the transferor is then capable of passing in the property unlessdifferent intentions are expressed or implied.
The Clause starts with the words “All Those” i) Habendum: Thepart of deed which states the interest, the purchaser is to take in theproperty is known as the Habendum. This Clause starts with the words “TO HAVEAND TO HOLD”. j) Signature and Attestation Clause: Signature of all of parties to the deed should beattested and witnessed by two parties. k) Annexure or Schedule: Scheduleconsists of the site plan or mapplan showing exact location of property like survey no.
, gali no etc.