UNIT-4 Drafting and Pleading

UNIT-4

Table of Contents

QUESTION:- Write an adoption deed which fulfil the requirements of a valid adoption

Adoption Deed

This Deed of Adoption is executed on this _ day of , 20, at by [Name of the Adoptive Father], son of [Father’s Name], aged years, residing at [Address] (hereinafter referred to as the “Adoptive Father”), and [Name of the Adoptive Mother], wife of [Adoptive Father’s Name], aged years, residing at the same address (hereinafter referred to as the “Adoptive Mother”), in favor of [Name of the Child to be Adopted], aged __ years, son/daughter of [Name of the Biological Parents], residing at [Address of Biological Parents] (hereinafter referred to as the “Adopted Child”).

Recitals

  1. Details of Biological Parents:
    The biological parents of the child, [Name of Biological Father] and [Name of Biological Mother], have willingly consented to the adoption of their minor child, [Name of the Child], by the adoptive parents under this deed.
  2. Eligibility of Adoptive Parents:
    The adoptive parents fulfill all the conditions laid down under Section 7 and Section 8 of the Hindu Adoption and Maintenance Act, 1956, and are legally competent to adopt a child.
  3. Eligibility of the Child:
    The child to be adopted fulfills the conditions laid down under Section 10 of the Hindu Adoption and Maintenance Act, 1956, and is eligible for adoption.
  4. Consent of Biological Parents:
    The biological parents have willingly agreed to give their child in adoption to the adoptive parents as per Section 9 of the Hindu Adoption and Maintenance Act, 1956, and have provided their free and informed consent.
  5. Intention of Adoption:
    The adoptive parents intend to adopt the said child to care for, nurture, and bring him/her up as their own.

Terms of Adoption

  1. The adoptive parents declare that the said child, [Name of the Child], shall henceforth be considered their lawful son/daughter and shall enjoy all the rights and privileges of a natural-born child in the family.
  2. The biological parents shall have no claim or rights over the child after this adoption.
  3. This adoption is made with mutual consent and in compliance with the provisions of the Hindu Adoption and Maintenance Act, 1956.
  4. The child, [Name of the Child], will inherit the property of the adoptive parents as their natural heir.

Declaration by the Biological Parents

We, [Name of Biological Father] and [Name of Biological Mother], declare that we have willingly and voluntarily given our child, [Name of the Child], in adoption to [Name of Adoptive Father] and [Name of Adoptive Mother], and we shall have no legal or other rights over the child from this date onwards.

Declaration by the Adoptive Parents

We, [Name of Adoptive Father] and [Name of Adoptive Mother], declare that we have accepted [Name of the Child] as our legally adopted child, and we shall raise, educate, and provide for him/her as our natural-born child.

Execution and Witnesses

In witness whereof, the parties hereto have executed this Adoption Deed on the day, month, and year first mentioned above, in the presence of the following witnesses:

Signature of Biological Parents:

  1. _________
    [Name of Biological Father]
  2. _________
    [Name of Biological Mother]

Signature of Adoptive Parents:

  1. _________
    [Name of Adoptive Father]
  2. _________
    [Name of Adoptive Mother]

Witnesses:

  1. Name: _
    Address: _
  2. _________
    Name: _
    Address: _

Note: The deed must be properly stamped and registered as per the provisions of the Indian Registration Act, 1908.

QUESTION :- Write brief notes on the following: (a) agreement to sale b)Exchange deed (c) What do you mean by leave and licence?

(a) Agreement to Sale

An Agreement to Sale is a contract between a buyer and a seller where the seller agrees to transfer ownership of a property to the buyer at a future date subject to certain conditions. It is governed by Section 54 of the Transfer of Property Act, 1882.

Essentials of an Agreement to Sale:

  1. Parties: Must involve a lawful buyer and seller.
  2. Property: Clearly identified and described.
  3. Terms & Conditions: Includes purchase price, payment schedule, possession timeline, and obligations of both parties.
  4. Legal Status: Does not create ownership rights but serves as evidence of the intention to sell.

The document serves as a precursor to the execution of the Sale Deed, which completes the transfer of ownership.

(b) Exchange Deed

An Exchange Deed is a legal document executed between two parties to transfer ownership of one property in exchange for another without monetary consideration. It is governed by Section 118 of the Transfer of Property Act, 1882.

Essentials of an Exchange Deed:

  1. Mutual Agreement: Both parties must consent to exchange.
  2. Properties Involved: Clearly described and valued.
  3. Legal Formalities: The exchange must be executed through a deed, properly stamped, and registered under the Registration Act, 1908, if the value exceeds ₹100.
  4. Delivery of Possession: Transfer of ownership and possession is completed simultaneously or as per the agreement.

(c) Leave and Licence

Leave and Licence is an agreement under which the owner (licensor) grants another person (licensee) permission to use a property for a specific purpose without transferring any interest in the property. It is governed by Section 52 of the Indian Easements Act, 1882.

Essentials of Leave and Licence:

  1. Temporary Use: The licensee can use the property temporarily, typically for residence or business.
  2. No Ownership Rights: Unlike a lease, no interest in the property is transferred.
  3. Purpose-Specific: The property is used only for the purpose mentioned in the agreement.
  4. Termination: The licensor can revoke the license as per the terms agreed.

It is commonly used in commercial and residential arrangements where the owner does not want to transfer tenancy or lease rights to the user.

Question;-Draft a Sale Deed in respect immovable property.

SALE DEED

THIS SALE DEED is made and executed on this _ day of , 20, at _, by and between:

  1. [Name of Seller], son/daughter of [Father’s Name], aged _ years, residing at [Address], hereinafter referred to as the “Seller” (which term shall include his/her heirs, executors, administrators, and assigns) of the FIRST PART;

AND

  1. [Name of Buyer], son/daughter of [Father’s Name], aged _ years, residing at [Address], hereinafter referred to as the “Buyer” (which term shall include his/her heirs, executors, administrators, and assigns) of the SECOND PART.

WHEREAS:

  1. The Seller is the absolute and lawful owner of the immovable property bearing [Description of Property, e.g., Plot/Flat No., Area, Survey No., etc.], situated at [Location, including full address], and is entitled to sell, transfer, and convey the same.
  2. The Buyer has agreed to purchase the said property for a total consideration of ₹_ (Rupees _ only), and the Seller has agreed to sell the property to the Buyer on the terms and conditions hereinafter appearing.

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. Sale and Consideration

The Seller hereby sells, conveys, transfers, and assigns absolutely and forever the aforesaid immovable property, together with all rights, easements, privileges, and appurtenances attached thereto, to the Buyer for a total consideration of ₹_ (Rupees _ only), which has been paid as follows:

  • ₹_ by cheque/demand draft/bank transfer, bearing No. , dated , drawn on _ [Bank Details].
  • Balance payment of ₹_ (if any) to be paid at the time of registration (mention details, if applicable).

The Seller acknowledges receipt of the full consideration amount from the Buyer and confirms that no amount is due.

2. Delivery of Possession

The Seller has delivered actual, physical, and vacant possession of the property to the Buyer on the execution of this Sale Deed.

3. Title and Ownership

The Seller assures the Buyer that:

  • The Seller has a clear and marketable title to the said property.
  • The property is free from all encumbrances, liens, charges, or litigation.
  • The Seller has not entered into any prior agreement for the sale or transfer of this property with any other party.

4. Indemnity

The Seller hereby agrees to indemnify and keep indemnified the Buyer against any loss, damages, claims, or legal disputes arising from any defect in the title of the property or any breach of representations made in this deed.

5. Covenants by the Buyer

The Buyer covenants to:

  • Pay all future taxes, assessments, and charges related to the property.
  • Comply with all applicable laws governing the use of the property.

6. Registration and Stamp Duty

The parties agree that the Buyer shall bear the cost of stamp duty, registration fees, and other incidental expenses related to the execution and registration of this Sale Deed.

7. Jurisdiction

Any disputes arising out of this Sale Deed shall be subject to the jurisdiction of the courts in [Location].

IN WITNESS WHEREOF, the parties have executed this Sale Deed on the date and place mentioned above in the presence of the following witnesses.

Signatures

Seller:

[Name of Seller]

Buyer:

[Name of Buyer]

Witnesses

  1. Name: _________
    Address: ______
    Signature: ____
  2. Name: _________
    Address: ______
    Signature: ____

Note: This Sale Deed must be properly stamped and registered under the Registration Act, 1908, for it to be legally enforceable. Ensure all parties involved understand their rights and obligations.

Question:-Draft a Partnership Deed.

PARTNERSHIP DEED

THIS PARTNERSHIP DEED is made and executed on this _ day of , 20, at _, by and between:

  1. [Name of Partner 1], son/daughter of [Father’s Name], aged _ years, residing at [Address], hereinafter referred to as the “First Partner” (which term shall include his/her heirs, executors, and administrators);
  2. [Name of Partner 2], son/daughter of [Father’s Name], aged _ years, residing at [Address], hereinafter referred to as the “Second Partner” (which term shall include his/her heirs, executors, and administrators);

(Additional Partners, if any, may be added in the same format.)

WHEREAS the above-mentioned parties have mutually agreed to enter into a partnership to carry on the business of [Nature of Business] under the terms and conditions set forth below:

1. Name and Firm Address

The partnership business shall be carried out in the name and style of [Name of Partnership Firm], located at [Full Address of Business Location] or at such other place as may be mutually agreed upon by the partners.

2. Nature of Business

The business of the firm shall be to engage in [Nature of Business] and any other business as may be decided by the partners from time to time.

3. Commencement and Duration

The partnership shall commence on [Start Date] and shall continue until dissolved by mutual agreement of the partners or as per the provisions of this deed or law.

4. Capital Contribution

Each partner shall contribute capital to the firm as follows:

  • First Partner: ₹_ (Rupees _ only).
  • Second Partner: ₹_ (Rupees _ only).

Additional contributions, if required, shall be made as mutually agreed by all partners.

5. Profit and Loss Sharing

The net profits and losses of the partnership business shall be shared in the following ratio:

  • First Partner: _%
  • Second Partner: _%

6. Management of Business

All partners shall actively participate in the management of the business unless otherwise agreed. Day-to-day operations may be delegated to one or more partners, as mutually decided.

7. Bank Accounts

The bank account of the firm shall be opened and operated in the name of [Partnership Firm Name] at [Bank Name and Branch], and it shall be operated jointly or individually by the partners as mutually agreed.

8. Drawings

Each partner shall be entitled to withdraw ₹_ per month from the firm’s profits for personal use, subject to the availability of funds.

9. Books of Accounts

The firm shall maintain proper books of accounts, which shall be audited annually. All partners shall have access to the books of accounts and other financial records at all reasonable times.

10. Admission and Retirement of Partners

  • Admission: A new partner may be admitted to the firm only with the consent of all existing partners.
  • Retirement: A partner may retire by giving _ months’ prior written notice to the other partners.

11. Dissolution of Partnership

The partnership may be dissolved in the following circumstances:

  • By mutual consent of all partners.
  • By insolvency, incapacity, or death of a partner.
  • As per the provisions of the Indian Partnership Act, 1932.

Upon dissolution, the firm’s assets and liabilities shall be settled as per the agreed terms.

12. Arbitration Clause

In case of any disputes or differences arising out of or relating to this partnership deed, the same shall be resolved through arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

13. Governing Law

This partnership deed shall be governed by and construed in accordance with the laws of India.

IN WITNESS WHEREOF, the partners have set their hands and seals to this partnership deed on the date, month, and year first above written in the presence of the following witnesses.

Signatures

First Partner:

[Name of First Partner]

Second Partner:

[Name of Second Partner]

(Additional Partners, if any, may sign below.)

Witnesses

  1. Name: _________
    Address: ______
    Signature: ____
  2. Name: _________
    Address: ______
    Signature: ____

Note: Ensure the partnership deed is printed on proper stamp paper as per the laws of the relevant state and registered, if required, to make it legally enforceable.

Question :-Draft an agreement of sale of a plot located in a city 

AGREEMENT FOR SALE OF PLOT

This Agreement for Sale is made and executed on this _ day of , 20, at [City Name], by and between:

1. [Name of Seller], son/daughter of [Father’s Name], aged _ years, residing at [Address], hereinafter referred to as the “Seller” (which term shall include his/her heirs, executors, administrators, and assigns);

AND

2. [Name of Buyer], son/daughter of [Father’s Name], aged _ years, residing at [Address], hereinafter referred to as the “Buyer” (which term shall include his/her heirs, executors, administrators, and assigns).

WHEREAS:

  1. The Seller is the absolute and lawful owner of the plot of land, having acquired the same through [Details of Ownership – Sale/Inheritance/Gift, etc.], situated at [Address of Plot, including Survey Number, Ward Number, etc.], and more particularly described in Schedule A below.
  2. The Seller has agreed to sell and the Buyer has agreed to purchase the said plot of land on the terms and conditions set forth herein.

NOW, THEREFORE, THIS AGREEMENT WITNESSES AS FOLLOWS:

1. Sale Consideration

The total sale consideration for the said plot is agreed at ₹_ (Rupees _ only), to be paid by the Buyer to the Seller in the following manner:

  • ₹_ as advance payment (the receipt of which the Seller acknowledges).
  • ₹_ on or before the date of execution and registration of the Sale Deed.

2. Description of the Property

The plot of land agreed to be sold under this agreement is more particularly described in Schedule A annexed hereto.

3. Possession

The Seller shall deliver vacant and peaceful possession of the said plot to the Buyer at the time of registration of the Sale Deed, subject to the full payment of the sale consideration.

4. Encumbrances

The Seller declares and confirms that the said plot is free from all encumbrances, charges, claims, mortgages, or litigations of any nature. If any such encumbrances are discovered later, the Seller shall be solely responsible for settling them at his/her cost.

5. Execution of Sale Deed

The Seller agrees to execute the Sale Deed in favor of the Buyer or his/her nominee on or before _ [Date], subject to the payment of the balance sale consideration.

6. Taxes and Expenses

  • All property taxes, dues, and liabilities up to the date of execution of the Sale Deed shall be borne by the Seller.
  • The stamp duty, registration charges, and other related expenses for the execution of the Sale Deed shall be borne by the Buyer.

7. Default Clause

  • If the Buyer fails to pay the balance sale consideration or complete the transaction within the stipulated time, the advance amount of ₹_ shall stand forfeited, and this Agreement shall be null and void.
  • If the Seller fails to execute the Sale Deed despite receiving the full sale consideration, the Buyer shall have the right to enforce this Agreement through legal means.

8. Dispute Resolution

In the event of any dispute or difference arising out of this Agreement, the parties shall resolve the same amicably. Failing which, such disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, and the decision of the arbitrator shall be final and binding.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India, and the courts at [City Name] shall have exclusive jurisdiction.

10. Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral, relating to the subject matter hereof.

SCHEDULE A

(Description of the Plot)

  1. Plot Number: _
  2. Area: _ square meters/square feet.
  3. Location: _
  4. Boundaries:
  • North: _
  • South: _
  • East: _
  • West: _

IN WITNESS WHEREOF, the parties have executed this Agreement for Sale on the date, month, and year first above written in the presence of the witnesses below.

Signatures

Seller:
Name: ______________
Signature: __________

Buyer:
Name: ______________
Signature: __________

Witnesses

  1. Name: _________
    Address: ______
    Signature: ____
  2. Name: _________
    Address: ______
    Signature: ____

Note: Ensure this Agreement is executed on proper stamp paper as per the applicable laws in the state and registered if required.

Question:-Draft a deed of adoption on some hypothetical facts.

DEED OF ADOPTION

This Deed of Adoption is made and executed on this _ day of , 20, at [City Name], by and between:

1. [Name of Adoptive Father], son of [Father’s Name], aged _ years, residing at [Address], hereinafter referred to as the “Adoptive Father,” (which term shall include his heirs, successors, executors, and assigns),

AND

2. [Name of Natural Father], son of [Father’s Name], aged _ years, residing at [Address], hereinafter referred to as the “Natural Father,” (which term shall include his heirs, successors, executors, and assigns).

WHEREAS:

  1. The Adoptive Father and his wife [Name of Adoptive Mother] have no biological child of their own and wish to adopt a child to fulfill their desire for a family.
  2. The Natural Father and [Name of Natural Mother], wife of the Natural Father, are the biological parents of [Name of Child], born on [Date of Birth], and they have agreed to give their child in adoption to the Adoptive Father and his wife.
  3. Both parties are desirous of executing this Deed of Adoption to confirm the legal adoption of the said child in accordance with the provisions of the Hindu Adoption and Maintenance Act, 1956.

NOW, THIS DEED WITNESSES AS FOLLOWS:

1. Adoption of Child

The Natural Father and Natural Mother hereby give their full and irrevocable consent to give their child, [Name of Child], in adoption to the Adoptive Father and his wife [Name of Adoptive Mother], who accept the said child as their legally adopted son/daughter.

2. Eligibility for Adoption

  • The Adoptive Father and Adoptive Mother are Hindus and competent to adopt under Section 7 and Section 8 of the Hindu Adoption and Maintenance Act, 1956.
  • The child, [Name of Child], is a Hindu and eligible for adoption under Section 10 of the said Act.

Upon the execution of this Deed, the said child shall become the lawful child of the Adoptive Father and his wife, and shall have all the rights, privileges, and obligations of a natural-born child in the adoptive family, including the right to inherit property.

4. Declaration of Natural Parents

The Natural Father and Natural Mother declare that they have willingly given their child in adoption without any coercion, fraud, or undue influence and that they shall have no further rights, claims, or obligations with respect to the said child.

5. Change of Name

The Adoptive Father and his wife may change the name of the adopted child to [New Name, if applicable].

6. Registration and Expenses

This Deed shall be registered as required by law, and all expenses relating to the adoption and registration shall be borne by the Adoptive Father.

7. Miscellaneous

In case of any dispute arising out of this Deed, the parties shall resolve the same amicably. If unresolved, such disputes shall be subject to the jurisdiction of the courts at [City Name].

IN WITNESS WHEREOF, the parties have executed this Deed of Adoption on the date, month, and year first above written in the presence of the witnesses below.

Signatures

Adoptive Father:
Name: ______________
Signature: __________

Adoptive Mother:
Name: ______________
Signature: __________

Natural Father:
Name: ______________
Signature: __________

Natural Mother:
Name: ______________
Signature: __________

Witnesses

  1. Name: _________
    Address: ______
    Signature: ____
  2. Name: _________
    Address: ______
    Signature: ____

Note: This Deed of Adoption must be executed on appropriate stamp paper as per applicable laws and registered with the competent authority.

Question :-Draft an agreement between vendor and vendee to sell a house on tie basis of some hypothetical facts

AGREEMENT FOR SALE OF HOUSE

This Agreement for Sale of House is made and executed on this _ day of , 20, at [City Name], by and between:

1. [Name of Vendor], son/daughter of [Father’s Name], aged _ years, residing at [Address], hereinafter referred to as the “Vendor” (which term shall include his/her heirs, successors, executors, and assigns),

AND

2. [Name of Vendee], son/daughter of [Father’s Name], aged _ years, residing at [Address], hereinafter referred to as the “Vendee” (which term shall include his/her heirs, successors, executors, and assigns).

WHEREAS:

  1. The Vendor is the absolute and lawful owner of the house property bearing address [Address of Property], constructed on plot no. , measuring square meters, along with all appurtenances, easements, and rights thereto.
  2. The Vendor has agreed to sell, and the Vendee has agreed to purchase the aforesaid house property for a total sale consideration of ₹ [Amount in Figures] (Rupees [Amount in Words]) under the terms and conditions set forth in this Agreement.

NOW, THIS AGREEMENT WITNESSES AS FOLLOWS:

1. Sale Consideration

The total sale consideration agreed upon between the parties for the house property is ₹ [Amount in Figures] (Rupees [Amount in Words]), to be paid by the Vendee to the Vendor in the following manner:

  • Advance Payment: ₹ [Amount] on the execution of this Agreement, receipt of which the Vendor hereby acknowledges.
  • Balance Payment: ₹ [Amount], to be paid on or before the execution and registration of the sale deed.

2. Description of Property

The property to be sold is more fully described as follows:

  • Address: [Full Address of the Property]
  • Area of Plot: [Measurement]
  • Details of Construction: [Details of House Construction, if applicable]
  • Boundaries:
    • North: [Boundary Details]
    • South: [Boundary Details]
    • East: [Boundary Details]
    • West: [Boundary Details]

3. Title and Possession

(a) The Vendor assures that he/she has a clear and marketable title to the property, free from any encumbrances, liens, charges, or disputes.
(b) The Vendor agrees to deliver peaceful and vacant possession of the property to the Vendee on the date of registration of the sale deed.

4. Obligations of the Vendor

(a) The Vendor agrees to execute the sale deed in favor of the Vendee upon receipt of the full sale consideration.
(b) The Vendor shall ensure that all dues, including property tax, electricity charges, and other liabilities on the property, are cleared up to the date of possession.
(c) The Vendor shall provide all original documents related to the property at the time of execution of the sale deed.

5. Obligations of the Vendee

(a) The Vendee agrees to pay the balance sale consideration as per the terms mentioned in Clause 1.
(b) The Vendee shall bear all expenses related to the registration of the sale deed, including stamp duty, registration charges, and any other incidental costs.

6. Default Clause

(a) If the Vendee fails to pay the balance sale consideration or comply with the terms of this Agreement, the Vendor shall be entitled to forfeit the advance payment and cancel this Agreement.
(b) If the Vendor fails to execute the sale deed after receiving the full consideration, the Vendee shall have the right to enforce specific performance of this Agreement.

7. Representations and Warranties

The Vendor represents and warrants that:
(a) The property is not subject to any litigation or dispute.
(b) No part of the property has been sold, transferred, or alienated to any third party.

8. Execution of Sale Deed

The sale deed shall be executed and registered on or before [Date] at the Sub-Registrar’s Office, [Location].

9. Dispute Resolution

In case of any dispute arising out of this Agreement, the same shall be resolved amicably. If unresolved, such disputes shall be subject to the jurisdiction of the courts at [City Name].

10. Miscellaneous

(a) This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements.
(b) Any modification to this Agreement shall be made in writing and signed by both parties.

IN WITNESS WHEREOF, the parties have signed this Agreement on the date first mentioned above in the presence of the witnesses below.

Signatures

Vendor:
Name: ______________
Signature: __________

Vendee:
Name: ______________
Signature: __________

Witnesses

  1. Name: _________
    Address: ______
    Signature: ____
  2. Name: _________
    Address: ______
    Signature: ____

Note: This Agreement should be executed on appropriate stamp paper as per applicable laws and registered with the Sub-Registrar’s Office.

Question:-Draft a-notice under, Section 80 of civil procedure code for filing a civil suit against the government.

Notice under Section 80 of the Civil Procedure Code, 1908

Date: [Insert Date]

To,
The [Designation of the Government Officer]
[Name of the Department or Ministry]
[Complete Address]

Subject: Notice under Section 80 of the Civil Procedure Code, 1908 for filing a civil suit against the Government

Sir/Madam,

Under the provisions of Section 80 of the Civil Procedure Code, 1908, I, [Name of the Claimant/Plaintiff], son/daughter of [Father’s Name], residing at [Address], hereby serve you with the following notice of my intention to institute a civil suit against [Government Department or Officer] for [cause of action], as detailed below.

1. Cause of Action:

The cause of action arose on [Date] when [brief description of the incident or facts that led to the claim]. The actions/omissions of the [Government Department or Officer] have caused significant harm/loss to me, as detailed herein.

2. Facts of the Case:

  • [Briefly describe the background facts leading to the claim, including relevant dates, events, and correspondence with the government department/officer, if any].
  • [Mention specific wrongful acts, negligence, or breach of statutory duty by the government or its officers].

3. Nature of the Relief Claimed:

I propose to claim the following reliefs from the Government:

  • A sum of ₹ [amount] as compensation for [loss/damage].
  • Declaratory relief that [state the declaratory relief sought, if any].
  • Any other relief(s) as this Hon’ble Court deems fit and proper.

4. Basis of Claim:

The claim is based on [state relevant laws, statutory provisions, or contractual obligations, if any, that support the claim].

5. Particulars of Loss/Damage:

  • The loss or damage suffered by me due to the actions/omissions of the Government is detailed as follows:
  • Monetary Loss: ₹ [amount]
  • Emotional/Physical Suffering: [briefly describe]
  • Other Damages: [briefly describe, if applicable]

6. Remedy Sought:

In view of the facts mentioned above, I intend to file a civil suit for:

  • Compensation of ₹ [amount].
  • Declaration/mandatory injunction as may be required.
  • Costs of litigation.

7. Compliance with Section 80 CPC:

This notice is issued in compliance with Section 80 of the Civil Procedure Code, 1908, providing the Government [60 days] to respond or take remedial action. Failure to address the grievances mentioned herein will leave me with no option but to institute a suit before the competent court.

Yours faithfully,

[Signature of the Claimant/Plaintiff]
[Full Name of the Claimant/Plaintiff]
[Complete Address]
[Contact Details]

CC:

  • [Name of Additional Concerned Departments, if applicable]
  • [Legal Counsel for the Claimant, if applicable]

Note: This notice must be delivered via registered post or in person to the designated authority as prescribed under law. Acknowledgment of receipt must be retained for filing with the suit.

Question :-What is partnership deed ? Discuss the essential of partnership deed as per sections of Acts 

What is a Partnership Deed?

A Partnership Deed is a legally binding written agreement between the partners of a partnership firm that outlines the rights, duties, obligations, and responsibilities of each partner. It serves as the foundational document that governs the internal and external relationships of the partners with the firm and among themselves. While not mandatory under Indian law, a written partnership deed is recommended to avoid disputes and ensure clarity.

Essentials of a Partnership Deed (as per the Indian Partnership Act, 1932)

The Indian Partnership Act, 1932 governs the formation and operation of partnerships in India. Section 4 of the Act defines a partnership as the relationship between individuals who have agreed to share the profits of a business carried on by all or any of them acting for all.

A valid partnership deed should include the following essentials:

1. Name and Address of the Firm and Partners

  • Section 58: Registration of the partnership requires the name of the firm and the partners.
  • The partnership deed must specify the firm’s name and the full names and addresses of all partners.

2. Nature of Business

  • The deed should clearly state the nature of the business the firm intends to carry out, ensuring compliance with Section 11 of the Act, which allows partners to mutually agree upon the business to be conducted.

3. Duration of Partnership

  • The partnership deed should specify whether it is a partnership for a fixed term or a partnership at will (Section 7).
  • If it is a partnership at will, the partners can dissolve it anytime by mutual agreement or notice.

4. Capital Contribution by Each Partner

  • The deed should mention the amount of capital contributed by each partner.
  • Section 13(c): A partner contributing more capital is not entitled to extra interest unless specified in the agreement.

5. Profit and Loss Sharing Ratio

  • As per Section 13(b), partners are entitled to share profits equally unless otherwise agreed in the deed.
  • The deed must clearly outline the ratio in which profits and losses will be shared among partners.

6. Rights and Duties of Partners

  • The deed should specify the rights and duties of each partner.
  • Section 12: Covers the general duties and obligations of partners in the conduct of business.

7. Admission of New Partners

  • As per Section 31, a new partner cannot be admitted into the firm without the consent of all existing partners unless otherwise agreed in the partnership deed.

8. Retirement or Expulsion of Partners

  • The conditions under which a partner may retire or be expelled should be stated.
  • Section 32: A partner can retire with the consent of all other partners or as per the terms of the deed.
  • Section 33: A partner can only be expelled in good faith as per the terms of the deed.

9. Dissolution of the Firm

  • The partnership deed should include provisions for dissolution of the firm as per Sections 39 to 44 of the Act.
  • It should specify how the firm’s assets and liabilities will be distributed upon dissolution.

10. Arbitration Clause

  • To resolve disputes amicably, an arbitration clause can be included in the deed.

11. Salary or Remuneration of Partners

  • Section 13(a): Partners are not entitled to remuneration unless explicitly mentioned in the deed.

12. Banking Arrangements

  • Details of how the firm’s bank accounts will be operated should be specified.
  • Generally, it states which partner(s) will have the authority to sign cheques and manage financial transactions.

13. Goodwill

  • Provisions for valuing and distributing goodwill in case of retirement, death, or dissolution of the firm should be included.

14. Indemnity Clause

  • As per Section 13(e), a partner must indemnify the firm for any loss caused by fraud or negligence.
  • The partnership deed should specify indemnity provisions for the partners.

Conclusion

A partnership deed is an essential document that governs the relationship between partners and ensures smooth operation of the firm. Though the Indian Partnership Act, 1932 provides general provisions for partnerships, a detailed and well-drafted partnership deed can address specific requirements, avoid disputes, and safeguard the interests of all partners.

Question Write notes (in reference of drafting) : (i) Notice (ii) Agreement of Sale with reference to sections of relevant acts

(i) Notice (in Reference of Drafting)

A notice is a formal written communication that notifies the recipient about a legal intention, event, or requirement. In legal terms, it is used to inform a party about a particular action or event, such as a lawsuit, dispute, or legal right. Drafting a notice is an essential legal skill as it initiates legal proceedings or demands compliance with a legal obligation.

Types of Notices:

  1. Demand Notice: For the recovery of dues or performance of obligations.
  2. Legal Notice: Issued for initiating a legal claim or action, often a prerequisite before filing a lawsuit.
  3. Show Cause Notice: Issued to demand an explanation before taking action against a party for misconduct.

Essential Elements of a Notice:

  1. Heading/Title: “Legal Notice” or “Notice of Demand.”
  2. Date and Place: The date and location from which the notice is being issued.
  3. Details of Sender and Recipient: Name, address, and contact information.
  4. Body of the Notice: Clear and concise language explaining the purpose, nature, and legal basis of the notice. It should contain:
  • A statement of facts
  • Legal rights of the sender
  • A request or demand (e.g., payment or action)
  1. Conclusion: Specify any legal action to be taken if the demand is not complied with.
  2. Signature: Signature of the sender or the sender’s legal representative.

Relevant Sections:

  • Section 80 of the Civil Procedure Code (CPC): Requires a notice before filing a civil suit against the government or its officers.
  • Section 138 of the Negotiable Instruments Act, 1881: Requires a notice of dishonor to be issued before initiating legal proceedings for dishonor of a cheque.

(ii) Agreement of Sale (with Reference to Sections of Relevant Acts)

An Agreement of Sale is a legally binding contract between a seller and a buyer where the seller agrees to sell a specific immovable property to the buyer at a predetermined price, with the transaction set to be completed at a future date. It is a preliminary document before the final sale deed is executed.

Essentials of an Agreement of Sale:

  1. Parties Involved: Clearly identify the seller and buyer.
  2. Description of Property: A detailed description of the immovable property, including location, dimensions, and other relevant details.
  3. Sale Price: The agreed amount of the sale price and payment terms.
  4. Advance Payment: The amount paid by the buyer as an advance, and the conditions attached to it.
  5. Date of Transfer: Specifies when the transfer of the property will take place and the final payment will be made.
  6. Possession and Title: Details regarding possession and the guarantee that the seller has clear title over the property.
  7. Default Clause: Specifies the consequences if either party defaults on the terms of the agreement.
  8. Other Terms: Conditions for the completion of the sale, such as clearances or approvals required.

Relevant Sections of Acts:

  • Section 54 of the Transfer of Property Act, 1882: Defines the sale of immovable property and the conditions under which the transfer of property takes place.
  • An Agreement of Sale is distinct from a Sale Deed. The agreement is an initial step, while the sale deed finalizes the transfer.
  • Section 10 of the Indian Contract Act, 1872: Defines the essentials of a valid contract. An Agreement of Sale must adhere to the requirements of offer, acceptance, consideration, and the intention to create a legal obligation.
  • Section 55 of the Transfer of Property Act, 1882: Deals with the rights and obligations of the seller and buyer during the period between the signing of the Agreement of Sale and the actual transfer of the property. The seller must ensure that the property is transferred free from encumbrances and the buyer must make the payment in a timely manner.
  • Section 17 of the Registration Act, 1908: Requires the Sale Deed (post Agreement of Sale) to be registered if the value of the property exceeds a certain amount.

Conclusion:

An Agreement of Sale is a crucial document in property transactions that outlines the rights and obligations of the parties involved before the final transfer of ownership. It is not a transfer of ownership but serves as a contract that sets the stage for the execution of the Sale Deed. Proper drafting of this agreement, in accordance with the provisions of the Transfer of Property Act and Indian Contract Act, ensures legal validity and clarity between the buyer and the seller.

Question:-Draft a Model Partition Deed on the assumed facts with reference to sections of acts

Model Partition Deed

This Partition Deed is made and executed at [place] on this [day] of [month], [year], by and between:

  1. [Name of Party 1], son/daughter of [Father’s Name], aged about [age], residing at [address], hereinafter referred to as the First Party.
  2. [Name of Party 2], son/daughter of [Father’s Name], aged about [age], residing at [address], hereinafter referred to as the Second Party.
  3. [Name of Party 3], son/daughter of [Father’s Name], aged about [age], residing at [address], hereinafter referred to as the Third Party.

Collectively referred to as the “Parties”.

Whereas:

  1. The parties are the legal heirs of [Deceased’s Name], who passed away on [Date of Death], and were the joint owners of the immovable properties described below:
  • Property 1: [Description of Property 1], situated at [Address], with an area of [size].
  • Property 2: [Description of Property 2], situated at [Address], with an area of [size].
  • Property 3: [Description of Property 3], situated at [Address], with an area of [size].
  1. The parties have agreed to partition the aforesaid properties among themselves in accordance with their respective shares.

NOW THIS DEED WITNESSETH as follows:

  1. Partition of Property: The parties hereby partition the above-mentioned properties as follows:
  • Property 1 (Description of Property 1) shall be allotted to [First Party’s Name].
  • Property 2 (Description of Property 2) shall be allotted to [Second Party’s Name].
  • Property 3 (Description of Property 3) shall be allotted to [Third Party’s Name].
  1. Shares: The parties agree that each of them has an equal share in the joint family property, and thus the partition shall be in accordance with their respective shares as follows:
  • [First Party’s Name] is entitled to [percentage] of the total property.
  • [Second Party’s Name] is entitled to [percentage] of the total property.
  • [Third Party’s Name] is entitled to [percentage] of the total property.
  1. Consideration: The parties have voluntarily agreed to the partition and have not received any monetary consideration from each other for this partition. All parties have equal shares and have no disputes regarding the shares allotted.
  2. Possession: The parties acknowledge that they have received full and exclusive possession of their respective allotted properties, and the same is free from all encumbrances.
  3. No Claims: Upon the execution of this partition deed, each party confirms that they shall have no further claims or demands against the other parties with regard to the jointly owned properties.
  4. Legal Compliance: The partition is made in accordance with the provisions of Section 6 of the Hindu Succession Act, 1956 (where applicable) and Section 44 of the Transfer of Property Act, 1882 and other relevant sections of the applicable laws for partition.
  5. Indemnity: The parties shall indemnify each other against any loss, liability, or claim arising out of any breach of the terms of this Partition Deed.
  6. Stamp Duty: The parties agree that the stamp duty, registration charges, and other expenses relating to the registration of this deed shall be borne equally by the parties.
  7. Future Claims: After the partition, the parties agree that they will not make any future claims or demands regarding the properties partitioned. Any future dispute related to the partition or title of the property will be resolved as per the provisions of the Code of Civil Procedure, 1908.

IN WITNESS WHEREOF, the parties hereto have set their hands to this Partition Deed on the day, month, and year first above written.

First Party
Signature: ______
Name: [Name of First Party]
Date: [Date]

Second Party
Signature: ______
Name: [Name of Second Party]
Date: [Date]

Third Party
Signature: ______
Name: [Name of Third Party]
Date: [Date]

Witnesses:

  1. [Witness 1]
    Signature: ______
    Name: [Name of Witness 1]
    Address: [Address of Witness 1]
  2. [Witness 2]
    Signature: ______
    Name: [Name of Witness 2]
    Address: [Address of Witness 2]

Relevant Sections and Acts:

  1. Hindu Succession Act, 1956 – Section 6 (Devolution of interest in coparcenary property)
  • This section governs the devolution of property in the case of intestate succession among Hindus and applies in cases where the property is a joint family property.
  1. Transfer of Property Act, 1882 – Section 44 (Overriding effect of transfer by partition)
  • This section pertains to the transfer of property by partition and its effect on subsequent transactions.
  1. Code of Civil Procedure, 1908 – Order 23, Rule 3 (Compromise of Suit)
  • This rule governs the legal provisions for compromise or settlement of disputes in suits, which may be relevant if there is a dispute over the partition in future.

This Partition Deed provides a clear division of the immovable property among the heirs of a deceased person and ensures that all legal formalities and duties are adhered to, ensuring clarity of ownership and avoiding future disputes.

Question :-Write draft on agreement of sale with reference to sections 

Agreement of Sale (Draft)

This Agreement of Sale is made and executed at [Place] on this [day] of [month], [year], by and between:

  1. [Name of Seller], son/daughter of [Father’s Name], aged about [age], residing at [address], hereinafter referred to as the “Seller” (which expression shall, unless repugnant to the context, include his/her heirs, executors, administrators, and assigns);
  2. [Name of Buyer], son/daughter of [Father’s Name], aged about [age], residing at [address], hereinafter referred to as the “Buyer” (which expression shall, unless repugnant to the context, include his/her heirs, executors, administrators, and assigns).

WHEREAS:

A. The Seller is the sole and absolute owner of the property situated at [address of property], more particularly described as:

  • Property: [Description of property, including boundaries, area, etc.].
  • The title to the property is clear, marketable, and free from encumbrances, liens, and legal disputes.

B. The Buyer has agreed to purchase the said property, and the Seller has agreed to sell the same to the Buyer on the terms and conditions set out in this agreement.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

  1. Sale of Property:
    The Seller agrees to sell and the Buyer agrees to purchase the property described above for a total consideration of Rs. [Amount] (Rupees [Amount in Words]).
  2. Payment of Consideration:
    The total consideration amount of Rs. [Amount] is agreed to be paid by the Buyer to the Seller as follows:
  • An advance payment of Rs. [Amount] has been paid by the Buyer to the Seller on the date of execution of this agreement as part of the total consideration.
  • The balance amount of Rs. [Amount] will be paid by the Buyer to the Seller on or before [date of final payment] through [mode of payment].
  1. Transfer of Title:
    Upon the full payment of the total consideration amount, the Seller agrees to transfer the title and ownership of the property to the Buyer by executing and registering a Sale Deed in favor of the Buyer in the office of the Sub-Registrar at [location], as per the provisions of Section 54 of the Transfer of Property Act, 1882.
  2. Possession of Property:
    The possession of the property will be handed over to the Buyer on the execution of the Sale Deed and payment of the full consideration amount. The Seller will not retain any rights or claim over the property after the transfer of possession.
  3. Legal Title:
    The Seller affirms that they have clear and marketable title to the property and that the property is free from any encumbrances, mortgages, litigations, claims, or charges. If any such encumbrances exist, the Seller will remove them at their own cost before the sale is concluded.
  4. Registration of Sale Deed:
    The Seller agrees to execute the Sale Deed and all other necessary documents required for the registration of the sale before the Sub-Registrar and will bear the cost of the stamp duty, registration charges, and any other incidental expenses as per the applicable laws, including Section 17 of the Registration Act, 1908.
  5. Warranties and Representations:
    The Seller warrants that:
  • The property is free from any legal disputes or claims.
  • The Seller has the full right and authority to sell the property.
  • There are no unpaid taxes, charges, or dues pertaining to the property. The Buyer warrants that:
  • The Buyer has the financial capacity to pay the consideration amount and has taken all necessary steps to complete the purchase of the property.
  • The Buyer will comply with all relevant legal requirements regarding the transfer of property ownership.
  1. Possession in Case of Non-Performance:
    If the Buyer fails to make the final payment by the agreed date, the Seller reserves the right to cancel the agreement and forfeit the advance payment made by the Buyer. Similarly, if the Seller fails to execute the Sale Deed within the agreed time, the Buyer may claim the return of the advance payment.
  2. Default and Remedies:
    In the event of default by either party, the non-defaulting party shall be entitled to claim specific performance of this agreement under the provisions of Section 54 of the Specific Relief Act, 1963. Any legal proceedings arising from the breach of this agreement will be initiated in the competent court at [jurisdiction].
  3. Indemnification:
    Both parties agree to indemnify each other against any claims, damages, or losses arising out of any act or omission by either party prior to the transfer of ownership.
  4. Governing Law:
    This Agreement shall be governed by and construed in accordance with the laws of India, particularly the Transfer of Property Act, 1882, Indian Contract Act, 1872, and Registration Act, 1908.
  5. Dispute Resolution:
    Any dispute arising from this Agreement shall be resolved through arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement of Sale on the day, month, and year first above written.

Seller’s Signature
Name: [Seller’s Name]
Date: [Date]

Buyer’s Signature
Name: [Buyer’s Name]
Date: [Date]

Witnesses:

  1. [Witness 1]
    Signature: ______
    Name: [Name of Witness 1]
    Address: [Address of Witness 1]
  2. [Witness 2]
    Signature: ______
    Name: [Name of Witness 2]
    Address: [Address of Witness 2]

Relevant Sections:

  • Section 54 of the Transfer of Property Act, 1882: Defines the term “sale” and specifies the formalities required for the sale of immovable property, including the transfer of ownership and the execution of a Sale Deed.
  • Section 17 of the Registration Act, 1908: Requires the registration of a sale deed in respect of immovable property to ensure legal validity and effect.
  • Indian Contract Act, 1872: Governs the general principles of contract, including agreement formation, execution, performance, and breach.
  • Section 10 of the Indian Contract Act, 1872: Defines what constitutes a valid contract.
  • Specific Relief Act, 1963: Provides for the specific performance of contracts, including agreements of sale where one party fails to fulfill their obligations.

This Agreement of Sale ensures the legal transfer of the property between the Seller and the Buyer and secures the interests of both parties through detailed provisions under Indian laws.

Question:-Write a draft on adoption deed as per reference of sections of Acts 

ADOPTION DEED

This Adoption Deed is made and executed at [Place] on this [day] of [month], [year], by and between:

  1. [Name of the Adopter], son/daughter of [Father’s Name], aged about [age], residing at [address], hereinafter referred to as the “Adopter” (which expression shall, unless repugnant to the context, include his/her heirs, executors, administrators, and assigns);
  2. [Name of the Adopted Child], son/daughter of [Father’s Name] and [Mother’s Name], aged about [age], residing at [address], hereinafter referred to as the “Adopted Child” (which expression shall, unless repugnant to the context, include his/her heirs, executors, administrators, and assigns);

WHEREAS:

A. The Adopter is desirous of adopting a child as per the provisions of Section 7 of the Hindu Adoption and Maintenance Act, 1956.

B. The Adopted Child is a minor and is eligible to be adopted under the provisions of Section 8 of the Hindu Adoption and Maintenance Act, 1956, as the biological parents of the child have given their consent for the adoption.

C. The Adopter and the Adopted Child are both Hindus, and this adoption is made in accordance with the Hindu law as per the provisions of the Hindu Adoption and Maintenance Act, 1956.

NOW, THIS DEED WITNESSETH AS FOLLOWS:

  1. Adoption:
    The Adopter, with the consent of the biological parents of the Adopted Child, hereby adopts the Adopted Child as his/her own child, and the Adopted Child shall hereafter be known as [Adopted Name of the Child].
  2. Consent of Biological Parents:
    The biological parents of the Adopted Child, namely [Father’s Name] and [Mother’s Name], both residing at [Address], have given their full consent for this adoption and have no objection to the adoption of the child by the Adopter.
  3. Age of the Adopted Child:
    The Adopted Child is a minor and is aged [Age in Years], which is in accordance with the provisions of Section 6 of the Hindu Adoption and Maintenance Act, 1956, which specifies the age limit for adoption.
  4. Legal Effect of Adoption:
    Upon adoption, the Adopted Child shall be treated in all respects as the Adopter’s natural child. The Adopted Child will acquire all rights in the property of the Adopter and shall inherit the property as if the Adopted Child were the biological child of the Adopter.
  5. Welfare of the Adopted Child:
    The Adopter agrees to provide the Adopted Child with all the necessary care, maintenance, education, and upbringing in accordance with the laws and customs applicable.
  6. Termination of Relationship with Biological Parents:
    Upon adoption, the Adopted Child shall cease to have any legal relationship with the biological parents and shall not inherit any property from the biological family, except as provided under the provisions of the Hindu law.
  7. Registration of Adoption:
    This adoption shall be formalized and registered as per the provisions of Section 16 of the Hindu Adoption and Maintenance Act, 1956. The necessary documents will be executed by the parties for the registration of the adoption.
  8. General Clauses:
    (i) Both the Adopter and the Adopted Child shall adhere to the responsibilities and duties that arise from this adoption as per the Hindu Adoption and Maintenance Act, 1956.
    (ii) This deed shall be governed by the laws of India, particularly the Hindu Adoption and Maintenance Act, 1956.
    (iii) Any disputes arising out of this adoption deed shall be subject to the jurisdiction of the courts at [Location].

IN WITNESS WHEREOF, the parties hereto have executed this Adoption Deed on the day, month, and year first above written.

Adopter’s Signature
Name: [Adopter’s Name]
Date: [Date]

Adopted Child’s Signature (If minor, Guardian’s signature)
Name: [Adopted Child’s Name]
Date: [Date]

Witnesses:

  1. [Witness 1]
    Signature: ______
    Name: [Name of Witness 1]
    Address: [Address of Witness 1]
  2. [Witness 2]
    Signature: ______
    Name: [Name of Witness 2]
    Address: [Address of Witness 2]

Relevant Provisions:

  • Section 6 of the Hindu Adoption and Maintenance Act, 1956: Deals with the conditions for a valid adoption, including the adopter’s ability to adopt, the age of the child, and consent.
  • Section 7 of the Hindu Adoption and Maintenance Act, 1956: Provides for the adoption by a male or female and the consent required from the biological parents of the child.
  • Section 8 of the Hindu Adoption and Maintenance Act, 1956: Specifies the requirements for the consent of the biological parents of the child to be adopted.
  • Section 16 of the Hindu Adoption and Maintenance Act, 1956: Deals with the registration of the adoption deed with the concerned authorities.

This Adoption Deed ensures that all legal requirements for a valid adoption under Hindu law are met, and the relationship between the Adopter and the Adopted Child is formalized in accordance with the Hindu Adoption and Maintenance Act, 1956.

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