DRAFTING OF DEEDS

Presented By
Gaurav Rustagi.
Contact 9313198281

Rules of Drafting
some dos:

Avoid unnecessary repetition

Write shorter sentences
Choose the right words
Prefer the active to the passive sentences
Express the ideas in fewer words
Know exactly the meaning of the word &
sentences you are writing.
Put yourself in place of reader, read the documents and
satisfy yourself about the content, interpretation and
sense it carries.

Rules of Drafting
Some dont:
Avoid the use of words of same sound
(Employer & Employee)

we should avoid the use of words

Less than or more than, we must
use not exceeding

Components of Deeds
1.
2.
3.
4.
5.
6.
7.
8.
9.

Deed title
Place & date of execution
Description of parties
Recitals
Testatum
Consideration
Receipt clause
Operative clause
Description of property
cntd.

Components of Deeds
10.
11.
12.
13.
14.
15.
16.
17.

Exceptions & Reservations

Parcels clause
Premises & habendum
Covenants & undertakings
Testimonial Clause
Signature and attestation
Endorsement & Supplemental deeds.
Annexure or schedules.

Deed Title :- The deed should

contain the correct title such as
This Deed of Sale
This Deed of Gift
This Deed of Conveyance
This Deed of Exchange
This Deed of Lease
But the word This Deed should
written as THIS DEED

Date & Place

Date in the context of deed is the date on which deed has

been executed.

If a deed is undated, deed is valid subject to burden of

proof.

Date should be written in words and in figures.

The place is the territorial and legal jurisdiction.

An illustration of this part follows:THIS DEED of Lease made at Gurgaon on the First day of
June,two thousand eight(01.06.2008).

Description of
parties
Parties name should be clearly described.
While describing the parties always transferor
should be mentioned first and the transferee
comes in the last.
Full description of the parties should be given
for identification. Description must be given in
following order.
Names comes first, then surname and
thereafter address followed by other
description such as s/o, w/o, d/o etc

Recitals

Recitals contain the short story of the property up

to its vesting into its transferors. Recitals should
be short & intelligible.
Recitals generally begins with the words
WHERE AS and when there are several recitals
instead of repeating the words WHERE AS
before each and every one of them, it is better to
divide the recitals into numbered paragraphs for
example,
WHERE AS
1.
2.
3.

Testatum

This is the witnessing clause which refers to

the introductory recitals agreement, if any, and
also states the consideration.
Witnesses clause usually begins with the words
NOW THIS DEED WITNESSES
if more than one observation then this clause
can be written as
NOW THIS DEED WINTNESSES AS
FOLLOWS
1.
2.

Consideration & Receipt

Consideration is very important in a document

and must be expressed.
Receipt is the acknowledgement of the
consideration amount by the transferor, who is
supposed to acknowledgment the receipt of the
amount. Example:Now this deed the witnesses that in pursuance
of the aforesaid agreement and in consideration
of sum of Rs. 100000(Rupees one lakh only) paid
by the first party to the second party before the
execution thereof receipt of which the second
party does hereby acknowledge)

Description of property

Registration laws in india require

full description of property for
example
Side east, west, north, south etc.
area, location, permitted use,
survey no.

Parcels clause

This is a technical expression.

Usually starts with the words
All Those
Unless a different intention is expressed
or necessarily implied, a transfer of
property passes forthwith to the
transferee all the interest which the
transferor is then capable of passing in
the property, and in the legal incidents
there of.

Exceptions & reservations

This clause generally signified by

the use of words subject to in
deeds,where it is mentioned, it is
advisable that both the parties
sign, to denote specific
understanding and consenting to
this aspect.

Premises & Habendum

Habendum is a part of deed which

states the interest, the purchaser
is to take in the property. This
Clause starts with the words
THE HAVE AND TO
HOLD

Covenants & Undertakings

Means agreement or consideration

or promise by the parties generally
starts with
The parties aforesaid hereto
hereby mutually agree with each
other as follows

Testimonium clause

This clause is the last part of deed.

It signifies that the parties to the
document have signed the deed.
generally written as
In witness whereof the parties hereto
have signed this day on the date
above written.

Signature & Attestation

Clause

Attestation is necessary in the

case of some transfer like
mortgage, gift, sale etc.
Signature of all of parties to the
deed should be attested and
witnessed by two parties.

Endorsement &
Supplemental deeds

Endorsements means write of back

for eg. Cheque, bill of exchange
etc
Supplementary deed is the one
which is entered between two
parties on same subject on which
there is a prior document exists.

Annexure or Schedules

Annexure means like site plan or

map plan showing exact location
of property like survey no. , gali no.
sector etc .