Index

0. Introduction ---------------------------------------------------------------02

1. Various kinds of Deed----------------------------------------------------03

2. Conveyancing-------------------------------------------------------------03-04

3. Do’s and Don’ts while drafting----------------------------------------04-05

4. Components Of Deed ------------------------------------------------ ---05-06

5. Miscellaneous Requirement----------------------------------------------06

6. House rent Agreement with headings--------------------------------06-11

7. Parts of the deed according to the rent agreement drafted--------12

8. Drafted agreement--------------------------------------------------------13-16

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Introduction
Drafting may be defined as the synthesis of law and fact in a language form. Perfection
cannot be achieved in drafting unless the nexus between law, facts and language is fully
understood. The essence of legal drafting is the law and the facts of document. The process
of drafting operates in two planes: the conceptual and the verbal. Besides seeking the right
words, the draftsman seeks the right concepts. Drafting, therefore, is first thinking and
second composing. Drafting, in legal sense, means an act of preparing the legal documents
like agreements, contracts, deeds etc.
A lease agreement is an arrangement between two parties – lessor and lessee, by which the
lessor allows the lessee the right to the use a property owned or managed by the lessor for a
specified period of time, in exchange for periodic payment of rentals.
The agreement does not provide ownership rights to the lessee. However, the lessor may
grant permission to the lessee to modify or change the property to suit his needs. The lessee
is responsible for the condition of the property during the lease period.
Lease agreements may be used for the lease of properties, vehicles, household appliances,
construction equipment, and other items.
The lease agreement outlines the conditions of the arrangement so that each party understands
his rights and obligations under the lease.

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1. Various kinds of Deed
There are four basic deed types regularly used to convey property.
a) General warranty deed:
• This deed contains covenants of title, which are promises by the grantor that he owns the
property and that he is conveying his entire interest to the grantee.
• The grantor warrants or guarantees against any acts or omissions on his part or on the part
of any of his predecessors in title that might undermine the quality of the title and interest
conveyed.
b) Bargain and sale deed:
• This deed simply recites that consideration (money or something of value) has been paid
and purports to convey the described property.
• The deed contains no express warranties.
c) Quitclaim deed:
• This deed operates to release all of the right, title and interest of the grantor in the lands
described.
• It also contains no warranties.

d) Special warranty deed:

• This deed also contains covenants of title, but the grantor warrants only against defects
that arose through his own acts or omissions, or the acts or omissions of those who hold
by, through or under him.
• Such a deed, therefore, does not warrant against defects or claims against the property
that arose prior to the grantor's ownership.

2. Conveyancing
It is the art of drafting of deeds and documents whereby land or interest in land i.e.
immovable property, is transferred by one person to another; but the drafting of commercial
and other documents is also commonly understood to be included in the expression.
The most common type of documents that illustrate conveyance is a deed of sale, mortgage,
lease etc.

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 Drafting gives a general meaning synonymous to preparation of drafting of documents
Conveyancing gives more stress on documentation much concerned with the transfer of
property from one person to another.
Drafting is a part of documents and it is used in different context of law. i.e. Under General
Clauses Act, 1897, or under Companies Act, 2013
Conveyancing is the science of creating validity under a law.
• Drafting: It is based on the skill in terms of preparing documents and agreements are the
most intellectually demanding of all skills for a professional.
• Conveyancing: It is based on the knowledge of what rights can exist in or over particular
kinds of property.
• Drafting: For example - Arbitration Agreement
• Conveyancing: For example- Sale Deed

Conveyance passes on the title to property to another person. Conveyance does not create
any right of any action but at the same time it alters the ownership of existing right. There
may be cases where the transaction may partake both contract as well as conveyance. For
example, lease, whereby obligation is created while possession of the property is transferred
by lessor to lessee.
Contract is governed by the provisions of the Indian Contract Act, 1872.
Conveyancing is governed by the provisions of Transfer of Property Act, 1882
In the contract each party is bound to perform the promise.
In conveyancing such obligation is not required as the subject matter already passes to the
Transferee.

3. Do’s and Don’ts while drafting

I. Some Do’s
a) Reduce the group of words to single word;
b) Use simple verb for a group of words;
c) Avoid round-about construction;
d) Avoid unnecessary repetition;
e) Write shorter sentences;
f) Express the ideas in fewer words;
g) Prefer the active to the passive voice sentences;
h) Choose the right word;
i) Know exactly the meaning of the words and sentences you are writing; and

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 j) Put yourself in the place of reader, read the document and satisfy yourself about the
content, interpretation and the sense it carries.

II. Some Don’ts

The following things should be avoided while drafting the documents:
a) Avoid the use of words of same sound. For example, the words “Employer” and
“Employee”;
b) When the clause in the document is numbered it is convenient to refer to any one clause by
using single number for it. For example, “in clause 2 above” and so on.
c) Negative in successive phrases would be very carefully employed.
d) Draftsman should avoid the use of words “less than” or “more than”, instead, he must use
“not exceeding”.
e) If the draftsman has provided for each of the two positions to happen without each other
and also happen without, “either” will not be sufficient; he should write “either or both” or
express the meaning of the two in other clauses.

4. Components of Deeds
A deed is divided into different paragraphs. Under each part relevant and related
information is put in paragraph in simple and intelligible language. If a particular part is not
applicable in a particular case that part is omitted from the document.
The usual parts or components or clauses of deeds in general are mentioned as follows:
(1) Description of the Deed Title.
(2) Place and Date of execution of a Deed.
(3) Description of Parties to the Deed.
(4) Recitals.
(5) Testatum.
(6) Consideration
(7) Receipt Clause.
(8) Operative Clause.
(9) Description of Property.
(10) Parcels Clause.
(11) Exceptions and Reservations.

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 (12) Premises and Habendum.
(13) Covenants and Undertakings.
(14) Testimonium Clause.
(15) Signature and Attestation.
(16) Endorsements and Supplemental Deeds.
(17) Annexures or Schedules

5. Miscellaneous Requirements
• Engrossment and Stamping of a Deed
• The draft of document is required to be approved by the parties.
• In case of companies it is approved by Board of Directors in their meeting or by a duly
constituted committee of the board for this purpose by passing requisite resolution
approving and authorising of its execution.
• The document after approval is engrossed i.e. copied fair on the non-judicial stamp-paper
of appropriate value as may be chargeable as per Stamp Act.
• In case document is drafted on plain paper but approved without any changes, it can be
lodged with Collector of Stamps for adjudication of stamp duty, who will endorse
certificate recording the payment of stamp duty on the face of document and it will
become ready for execution.
• If a document is not properly stamped, it is rendered inadmissible in evidence nor it will
be registered with Registrar of Assurances.

6. House Rental agreement

The below written is the rent agreement between Mr.Shivam (Tenant) and Mr.Srajen Singh
(Landlord).
Mr.Shivam want to stay as a tenant in Mr.Srajen’s house for the period not specified but with
monthly renewal and the landlord must provide 60 day prior notice for evacuation and the tenant
must provide 60 day prior is she/he wants to vacate the premises.
Premises here is the property of Mr.Srajen Singh located in Defense Colony Deep Nagar
District-Kapurthala.

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House rental agreement with headings

Clause1. Identification of Landlord and Tenant

This Agreement is entered into between Mr.Shiv om_s/o Mr.Hari om (refer Annexure
1.)(“Tenant”) and Mr.Srajen Singh s/o Mr.Jaiwant Singh (“Landlord”). Each Tenant is jointly
and severally liable for the payment of rent and performance of all other terms of this
Agreement.

Clause 2. Identification of Premises

Subject to the terms and conditions in this Agreement, Landlord rents to Tenant, and Tenant
rents from Landlord, for residential purposes only, the premises located at Deep Nagar, Defense
colony Tehsil-Jalandhar, District- Kapurthala (“the premises”), together with the following
Furnishings and appliances: 1.5 ton voltas Air conditioner, 48 liter whirlpool fridge, 1peice
sofa, 1 table , 2 bunk beds(single bed). Rental of the premises also includes: _Payment of any
other service which is later availed.

Clause 3. Limits on Use and Occupancy

The premises are to be used only as a private residence for Tenant(s) listed in Clause 1 of this
Agreement and the following persons: Mr.Vishal , Mr.Pratham. Occupancy by guests for more
than 10 continued days is prohibited without Landlord's written consent and will be considered a
material breach of this Agreement.

Clause 4. Term of the Tenancy

The term of the rental will begin on 01/05/19 and continue on a month to month basis. Landlord
may terminate the tenancy or modify the terms of this Agreement by giving the Tenant 60 days
written notice.
Tenant may terminate the tenancy by giving the Landlord 60 days written notice.

Clause 5. Payment of Rent

Regular monthly rent.
Tenant will pay to Landlord a monthly rent of Rs.12000-/, payable in advance on the first day of
each month, except when that day falls on a weekend or a legal holiday, in which case rent is due
on the next business day. Rent will be paid in the following manner unless Landlord designates
otherwise:

Delivery of payment.
Rent will be paid: in person, at the residence of the Landlord ( 21/11 , Defense colony Tehsil-
Jalandhar, District- Kapurthala) .

Form of payment.
Landlord will accept payment in these forms: personal check made payable to Mr.Srajen Singh.
Or cash.

Prorated first month's rent.

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For the period from Tenant's move-in date, 01/05/19, through the end of the month, Tenant will
pay to Landlord a prorated monthly rent of Rs.12000-/. This amount will be paid on or before the
date the Tenant moves in.

Clause 6. Late Charges

If Tenant fails to pay the rent in full before the end of the 4th day after it's due, Tenant will pay
Landlord a late charge of Rs.1000-/, plus Rs.200-/ for each additional day that the rent remains
unpaid. The total late charge for any one month will not exceed Rs.4000-/. Landlord does not
Waive the right to insist on payment of the rent in full on the date it is due.

Clause 7. Returned Check and Other Bank Charges

If any check offered by Tenant to Landlord in payment of rent or any other amount due under
this Agreement is returned for lack of sufficient funds, a “stop payment” or any other reason,
Tenant will pay Landlord a returned check charge of Rs.13000-/.

Clause 8. Security Deposit

On signing this Agreement, Tenant will pay to Landlord the sum of Rs.24000-/ as a security
deposit. Tenant may not, without Landlord's prior written consent, apply this security deposit to
the last month's rent or to any other sum due under this Agreement. Within 5 days after Tenant
has vacated the premises, returned keys and provided Landlord with a forwarding address,
Landlord will return the deposit in full or give Tenant an itemized written statement of the
reasons for, and the Rupees amount of, any of the security deposit retained by Landlord, along
with a check for any deposit balance.

Clause 9. Utilities
Tenant will pay all utility charges, except for the following, which will be paid by Landlord: any
repair or servicing of electrical equipment (excluding the damage done by the Tennant), Salary
Payment of security guard of the colony.

Clause 10. Assignment and Subletting

Tenant will not sublet any part of the premises or assign this Agreement without the prior written
consent of Landlord.

Clause 11. Tenant's Maintenance Responsibilities

Tenant will:
a. keep the premises clean, sanitary and in good condition and, upon termination of the tenancy,
return the premises to Landlord in a condition identical to that which existed when Tenant took
occupancy, except for ordinary wear and tear and any additions or alterations authorized by
Landlord
b. immediately notify Landlord of any defects or dangerous conditions in and about the premises
of which Tenant becomes aware, and
c. reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises
damaged by Tenant or Tenant's guests or business invitees through misuse, accident or neglect.
Tenant has examined the premises, including appliances, fixtures, carpets, drapes and paint, and

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has found them to be in good, safe and clean condition and repair, except as noted in the
Landlord-Tenant Checklist.

Clause 12. Repairs and Alterations by Tenant

a. Except as provided by law or as authorized by the prior written consent of Landlord, Tenant
will not make any repairs or alterations to the premises, including nailing holes in the walls or
painting the rental unit.
b. Unless authorized by law, Tenant will not, without Landlord's prior written consent, alter, re-
key or premises or install or alter any burglar alarm system. Tenant will provide Landlord with a
key or keys capable of unlocking all such re-keyed or new locks as well as instructions on how to
disarm any altered or new burglar alarm system.

Clause 13. Violating Laws and Causing Disturbances

Tenant and guests or invitees will not use the premises or adjacent areas in such a way as to:
a. violate any law or ordinance, including laws prohibiting the use, possession or sale of illegal
drugs
b. commit waste (severe property damage), or
c. create a nuisance by annoying, disturbing, inconveniencing or interfering with the quiet
enjoyment and peace and quiet of any other tenant or nearby resident.

Clause 14. Pets

No animal, bird or other pet will be kept on the premises, even temporarily.

Clause 15. Landlord's Right to Access

Landlord or Landlord's agents may enter the premises in the event of an emergency, to make
repairs or improvements or to show the premises to prospective buyers or tenants. Landlord may
also enter the premises to conduct an annual inspection to check for safety or maintenance
problems. Except in cases of emergency, Tenant's abandonment of the premises, court order or
where it is impractical to do so, Landlord shall give Tenant 1 day prior notice before entering.

Clause 16. Extended Absences by Tenant

Tenant will notify Landlord in advance if Tenant will be away from the premises for 30 or more
consecutive days. During such absence, Landlord may enter the premises at times reasonably
necessary to maintain the property and inspect for needed repairs.

Clause 17. Possession of the Premises

a. Tenant's failure to take possession.

If, after signing this Agreement, Tenant fails to take possession of the premises, Tenant will still
be responsible for paying rent and complying with all other terms of this Agreement.

b. Landlord's failure to deliver possession.

If Landlord is unable to deliver possession of the premises to Tenant for any reason not within
Landlord's control, including but not limited to partial or complete destruction of the premises,
Tenant will have the right to terminate this Agreement

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upon proper notice as required by law. In such event, Landlord's liability to Tenant will be
limited to the return of all sums previously paid by Tenant to Landlord.

Clause 18. Tenant Rules and Regulations

Tenant acknowledges receipt of, and has read a copy of, tenant rules and regulations, which are
attached to and incorporated into this Agreement by this reference.

Clause 19. Payment of Court Costs and Attorney Fees in a Lawsuit

In any action or legal proceeding to enforce any part of this Agreement, the prevailing party shall
recover reasonable attorney fees and court costs.

Clause 20. Disclosures

Tenant acknowledges that Landlord has made the following disclosures regarding the premises:
disclosure of information on lead-based paint and/or lead-based paint hazards

Clause 21. Authority to Receive Legal Papers

The Landlord, any person managing the premises and anyone designated by the Landlord are
authorized to accept service of process and receive other notices and demands, which may be
delivered to: the Landlord, at the following address: 21/11 , Defense colony Tehsil-Jalandhar,
District- Kapurthala.

Clause 22. Additional Provisions

Additional provisions are as follows:

Clause 23. Validity of Each Part

If any portion of this Agreement is held to be invalid, its invalidity will not affect the validity or
enforceability of any other provision of this Agreement.

Clause 24. Grounds for Termination of Tenancy

The failure of Tenant or their guests or invitees to comply with any term of this Agreement is
grounds for termination of the tenancy, with appropriate notice to Tenant and procedures as
required by law.

Clause 25. Entire Agreement

This document and any Attachments constitutes the entire Agreement between the parties, and
no promises or representations, other than those contained here and those implied by law, have
been made by Landlord or Tenant. Any modifications to this Agreement must be in writing
signed by Landlord and Tenant.
Landlord's signature: ___________________________
Title: House Rent Agreement Date:01/05/19
Address: 21/11 , Defense colony Tehsil-Jalandhar, District- Kapurthala Pin-144411.
Phone: +91-1475826930
Tenant's signature: ___________________________Date: ______________________
Annexure attached

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1. 2 Nationally valid ID’s of Tenant
2. Valid Character certificate

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7. Parts of the deed according to the rent agreement drafted

o Description of the Deed Title: - The title is “HOUSE RENT AGREEMENT”

o Place and Date of execution of a Deed: - Clause 25 of agreement
o Description of Parties to the Deed.: - Clause 1 of the agreement
o Consideration: - Each clause represents certain consideration imposed.
o Description of Property: - Clause 2
o Exceptions and Reservations: - Clause 3, 14.
o Premises and Habendum: - Clause 4 Term of the Tenancy
o Covenants and Undertakings: - Clause 20 disclosures
o Testimonium Clause: - Clause 25
o Signature and Attestation: - Clause 25
o Endorsements and Supplemental Deeds: - Clause 25
o Annexures or Schedules : - attached at the end of the document

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8. Drafted Agreement

House Rental Agreement

This Agreement is made on this day of 01/05/19 between :

Mr.Shiv om_s/o Mr.Hari om . “Tenant” resident of 45/21 Matson Road Allahabad U.P. and
Mr.Srajen Singh s/o Mr.Jaiwant Singh (“Landlord”) resident of, 21/11 , Defense colony Tehsil-
Jalandhar, District- Kapurthala Punjab. Each Tenant is jointly and severally liable for the
payment of rent and performance of all other terms of this Agreement.

Subject to the terms and conditions in this Agreement, Landlord rents to Tenant, and
Tenant rents from Landlord, for residential purposes only, the premises located at
Deep Nagar, Defense colony Tehsil-Jalandhar, District- Kapurthala bearing house number 67,
together with the following
Furnishings and appliances: 1.5 ton voltas Air conditioner, 48 liter whirlpool fridge, 1peice sofa,
1 table , 2 bunk beds(single bed).
Rental of the premises also includes: _Payment of any other service which is later availed.

WHEREAS Party of the first part-Landlord is owner of the House no.67 premises located at
Deep Nagar, Defense colony Tehsil-Jalandhar, District- Kapurthala and has agreed to give the
above said house on rent to the party of the second part-Tenants who agreed to take the same on
rent from the party of the first part-Landlord,on the following terms and conditions:-

1. That the premises are to be used only as a private residence for Tenant. Occupancy by guests
for more than 10 continued days is prohibited without Landlord's written consent and will be
considered a material breach of this Agreement.
2. That the term of the rental will begin on 01/05/19 and continue on a month to month basis.
Landlord may terminate the tenancy or modify the terms of this Agreement by giving the
Tenant 60 days written notice. Tenant may terminate the tenancy by giving the Landlord 60
days written notice.

3. That the Tenant will pay to Landlord a monthly rent of Rs.12000-/, payable in advance on the
first day of each month, except when that day falls on a weekend or a legal holiday, in which
case rent is due on the next business day. Rent will be paid in the following manner unless
Landlord designates otherwise:

4. That the rent will be paid: in person, at the residence of the Landlord ( 21/11 , Defense
colony Tehsil-Jalandhar, District- Kapurthala Punjab) .

5. That the Landlord will accept payment in these forms: personal check made payable to
Mr.Srajen Singh. or cash.

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6. That for the period from Tenant's move-in date, 01/05/19, through the end of the month,
Tenant will pay to Landlord a prorated monthly rent of Rs.12000-/. This amount will be paid
on or before the date the Tenant moves in.

7. That if Tenant fails to pay the rent in full before the end of the 4th day after it's due, Tenant
will pay Landlord a late charge of Rs.1000-/, plus Rs.200-/ for each additional day that the
rent remains unpaid. The total late charge for any one month will not exceed Rs.4000-/.
Landlord does not waive the right to insist on payment of the rent in full on the date it is due.

8. That if any check offered by Tenant to Landlord in payment of rent or any other amount due
under this Agreement is returned for lack of sufficient funds, a “stop payment” or any other
reason, Tenant will pay Landlord a returned check charge of Rs.13000-/.

9. That on signing this Agreement, Tenant will pay to Landlord the sum of Rs.24000-/ as a
security deposit. Tenant may not, without Landlord's prior written consent, apply this
security deposit to the last month's rent or to any other sum due under this Agreement.
Within 5 days after Tenant has vacated the premises, returned keys and provided Landlord
with a forwarding address, Landlord will return the deposit in full or give Tenant an itemized
written statement of the reasons for, and the Rupees amount of, any of the security deposit
retained by Landlord, along with a check for any deposit balance.

10. That the Tenant will pay all utility charges, except for the following, which will be paid by
Landlord: any repair or servicing of electrical equipment (excluding the damage done by the
Tennant), Salary Payment of security guard of the colony.

11. That the Tenant will not sublet any part of the premises or assign this Agreement without the
prior written consent of Landlord.

12. That the Tenant will:

a.) Keep the premises clean, sanitary and in good condition and, upon termination of the tenancy,
return the premises to Landlord in a condition identical to that which existed when Tenant took
occupancy, except for ordinary wear and tear and any additions or alterations authorized by
Landlord

b.) Immediately notify Landlord of any defects or dangerous conditions in and about the
premises of which Tenant becomes aware, and

c.) Reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises
damaged by Tenant or Tenant's guests or business invitees through misuse, accident or neglect.

13. Provided that:

a. Tenant has examined the premises, including appliances, fixtures, carpets, drapes and paint,
and has found them to be in good, safe and clean condition and repair, except as noted in the
Landlord-Tenant Checklist.

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b. Except as provided by law or as authorized by the prior written consent of Landlord, Tenant
will not make any repairs or alterations to the premises, including nailing holes in the walls or
painting the rental unit.

c. Unless authorized by law, Tenant will not, without Landlord's prior written consent, alter, re-
key or premises or install or alter any burglar alarm system. Tenant will provide Landlord with a
key or keys capable of unlocking all such re-keyed or new locks as well as instructions on how to
disarm any altered or new burglar alarm system.

14. Tenant and guests or invitees will not use the premises or adjacent areas in such a way as to:
a.) violate any law or ordinance, including laws prohibiting the use, possession or sale of illegal
drugs
b.) commit waste (severe property damage), or
c.) create a nuisance by annoying, disturbing, inconveniencing or interfering with the quiet
enjoyment and peace and quiet of any other tenant or nearby resident.

15. No animal, bird or other pet will be kept on the premises, even temporarily.

16. That the Landlord or Landlord's agents may enter the premises in the event of an emergency,
to make repairs or improvements or to show the premises to prospective buyers or tenants.
Landlord may also enter the premises to conduct an annual inspection to check for safety or
maintenance problems. Except in cases of emergency, Tenant's abandonment of the premises,
court order or where it is impractical to do so, Landlord shall give Tenant 1 day prior notice
before entering.

17. That the Tenant will notify Landlord in advance if Tenant will be away from the premises for
30 or more consecutive days. During such absence, Landlord may enter the premises at times
reasonably necessary to maintain the property and inspect for needed repairs.

18. That if
a.)Tenant's failure to take possession.
If, after signing this Agreement, Tenant fails to take possession of the premises, Tenant will still
be responsible for paying rent and complying with all other terms of this Agreement.

b.) Landlord's failure to deliver possession.

If Landlord is unable to deliver possession of the premises to Tenant for any reason not within
Landlord's control, including but not limited to partial or complete destruction of the premises,
Tenant will have the right to terminate this Agreement upon proper notice as required by law. In
such event, Landlord's liability to Tenant will be limited to the return of all sums previously paid
by Tenant to Landlord.

19. That the Tenant acknowledges receipt of, and has read a copy of, tenant rules and
regulations, which are attached to and incorporated into this Agreement by this reference.

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20. In any action or legal proceeding to enforce any part of this Agreement, the prevailing party
shall recover reasonable attorney fees and court costs.

21. That the Tenant acknowledges that Landlord has made the following disclosures regarding
the premises: disclosure of information on lead-based paint and/or lead-based paint hazards

22. That The Landlord, any person managing the premises and anyone designated by the
Landlord are authorized to accept service of process and receive other notices and demands,
which may be delivered to: the Landlord, at the following address: 21/11 , Defense colony
Tehsil-Jalandhar, District- Kapurthala.

23. That if any portion of this Agreement is held to be invalid, its invalidity will not affect the
validity or enforceability of any other provision of this Agreement.

24. That the failure of Tenant or their guests or invitees to comply with any term of this
Agreement is grounds for termination of the tenancy, with appropriate notice to Tenant and
procedures as required by law.

25. That this document and any Attachments constitutes the entire Agreement between the
parties, and no promises or representations, other than those contained here and those implied
by law, have been made by Landlord or Tenant. Any modifications to this Agreement must
be in writing signed by Landlord and Tenant.

Landlord's signature: ___________________________

Title: House Rent Agreement Date:01/05/19
Address: 21/11, Defense colony Tehsil-Jalandhar, District- Kapurthala Pin-144411.
Phone: +91-1475826930
Tenant's signature: ___________________________Date: ______________________

Witnesses: 1) ____________
2) ____________

Annexure

1. 2 Nationally valid ID’s of Tenant(Adhaar Card , Driving License )

2. Valid Character certificate

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