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CREATING LIFE ESTATE FOR THE MAINTENANCE OF THE DAUGHTER IN- LAW BY WAY OF GIFT  I s/o .. r/o am the owner in possession of House No.. situated at ..    As I have attained old age and visualize property dispute after my death and as I am desirous to make some arrangement for the maintenance of my widow daughter-in-law Smt.. W/o Late Sri. R/o    I hereby, out of my natural love and affection and also out of my free will and without force, compulsion or undue influence, make a gift of the entire above-noted premises in favour of my daughter-in-law for her lifetime. She shall exercise all rights in respect thereof and avail of all interest in respect therein during her lifetime. After the death of the said widowed daughter-in law of mine, the entire property gifted away by this document shall revert to my heirs in equal shares, I have put my widow daughter-in-law in possession of the said house gifted to her and therefore from today I have ceased to possess any right or claim in respect of the gifted property.   IN WITNESS WHEREOF I have signed this gift deed on at..    Sd/-Donor.   Witnesses: 1.. 2.   Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

DEED OF INDEMNITY BY THE SELLER OF A FLAT TO THE PURCHASER ABOUT THE DOUBT ABOUT THE DEFENCE IN TITLE   Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) THIS DEED of indemnity is made at ....................... on this ............. day of ........................, 2000, between Shri A, son of B, resident of ................... hereinafter called "the Seller" (which expression shall, unless it be repugnant to the context or the meaning thereof mean and include his heirs, executors, administrators and assigns) of the ONE PART and Shri C, son of D, resident of ............................... hereinafter called "the Purchaser" (which expression, unless it be repugnant to the context or the meaning thereof mean and include his heirs, executors, administrators and assigns) of the OTHER PART.    WHEREAS the Seller has entered into an agreement with the Purchaser for selling House no................ constructed on the Plot No................... Survey No. .............. situated at ............... in the Registration District and Sub-District of .....................    AND WHEREAS the Seller has represented that his title to the said house is clear, marketable and free from encumbrances, but the owner has misplaced the sale deed dated ...................... executed by Shri ............................ in favour of the Seller and other title documents to the said house.    AND WHEREAS the Seller has represented that he has not created any charge, mortgage or encumbrance over the said house and has requested the Purchaser to purchase the said house without insisting upon the title deeds of the said house upon the seller giving an indemnity indemnifying the purchaser from any demand, claim, action or rights from any person claiming to be entitled to any right, title or interest in the said house and/or in the event of anybody claiming any charge, lien, mortgage or encumbrance on the basis of deposit of title deeds.    AND WHEREAS the Purchaser has agreed to purchase the said house without insisting on the title deeds of the said house, upon the said seller agreeing to indemnify the Purchaser in the manner hereinafter referred to.    NOW THIS DEED WITNESSETH AS FOLLOWS:    1.                  That in pursuance of the said agreement and in consideration of the Purchaser not insisting for the title deeds and other documents in respect of the said house, the Seller hereby covenants with the Purchaser that the Seller will at all times hereafter indemnify and keep indemnified the Purchaser against all claims, demands, actions, proceedings, losses, damages, costs, charges and expenses which may be brought or commenced against the Purchaser or which the Purchaser may or may have to incur or may have to suffer as a result, direct or indirect, for non-production by the Seller of the title deeds in respect of the house.   2.                  The terms "Seller" and "Purchaser" include their and each of their respective heirs, successors, executors, administrators and assigns.    IN WITNESS WHEREOF, the parties hereto have signed these presents on the day and year hereinabove written.    Signed and delivered by A, the within named Seller    Signed and delivered by C, the within named Purchaser  WITNESSES; 1.   2.

Award (Made on Reference by Court) In the matter of an arbitration between AB, etc. and CD, etc., WHEREAS in pursuance of an order of reference made by the court of ……………… and dated the………… following matter in difference between AB and CD has been referred to me (us) for determination, namely………….. NOW I, we having duly considered the matter referred to me (us) hereby make my (our) award as follows: 1.       (We) award……. i. ………………….  ii.      ………………… ……………………..…(Sd.) Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Deed of Assignment of Business with Goodwill and Immovable Property THIS DEED OF ASSIGNMENT  made at ___________ this ____ day of ____________ 200___ between ABC Ltd, a Public Limited Company incorporated under the Indian Companies Act, 1956 having its Registered Office at _______________________________________  ____________________________________________ hereinafter called ‘The Assignor’  (which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors) of the One Part; and XYZ Ltd., a Public Limited Company incorporated under the Companies Act, 1956, having its Registered Office at __________________________ hereinafter called ‘The Assignee’  (which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors and Assigns) of the Other Part. WHEREAS:— (a) The Assignor carries on its business of manufacture and sale of pharmaceuticals and chemicals in the name and style of “TOP PHARMA AND CHEMICALS”  being one of its Division and has its factory premises at Village _________, Taluka __________, Dist. _____________ (hereinafter referred to as “the said Top Pharma & Chemicals Division” ). (b) The Assignor is seized and possessed of or otherwise well and sufficiently entitled to the immovable property at Village _________, Taluka _________, District ___________ and more particularly described in the SCHEDULE  hereunder written (hereinafter referred to as “the said property” ) and on which property the Assignor has constructed it’s factory premises of the said Top Pharma and Chemicals Division. (c) The Assignor is also possessed of plant, machinery, equipment and tools etc. (hereinafter collectively referred to as “the said plant and machinery”)  in its said factory and is running the said factory and the business with all necessary licenses. (d) The Assignee is also in the business of manufacture of pharmaceuticals and other products; (e) Under the Memorandum of Understanding dated _________ day of __________ 201__, the Assignor has agreed to sell and assign and the Assignee has agreed to purchase from the Assignor, free from all encumbrances, as a going concern, the said business of “TOP PHARMA AND CHEMICALS”  division along with its immovable and movable assets including the said name along with its goodwill as incidental to the assignment of the said business for the consideration and upon the terms recorded herein. (f) By a Resolution dated ______________ of its Board of Directors, the Assignor has resolved to assign its said Top Pharma & Chemicals Division along with its name and goodwill together with its immovable and movable assets pertaining to the said Division to the Assignee upon the terms and conditions herein contained. (g) By a Resolution dated ___________ of its Board of Directors, the Assignee has resolved to purchase the said Division of the Assignor, as a going concern, along with its name and goodwill and together with its immovable property and movable assets upon the terms and conditions herein contained. (h) The parties are desirous of recording the terms and conditions agreed between them as appearing hereinafter. NOW THIS DEED OF ASSIGNMENT WITNESSETH  and it is hereby mutually agreed by and between the parties hereto as follows: 1. The Assignor hereby sells, transfers and conveys absolutely and the Assignee hereby purchases, free from all encumbrances and reasonable doubts, all and singular the Assignor’s said “Top Pharma and Chemicals Division” as a going concern with effect from _______________ (hereinafter referred to as ‘the Effective Date’ ) along with its business, goodwill, name, trade name, rights and assets listed below (hereinafter referred to as “the said business” ): (a) the freehold land admeasuring approximately _________ together with the constructed building thereon admeasuring _______ sq. mtrs. and more particularly described in the SCHEDULE  hereunder written and hereinafter referred to as ‘ the said immovable property’  together with water drawing rights, electric power connections including cable connections from Maharashtra State Electricity Board Sub-Station to the said immovable property and the factory premises and all other rights directly and/or indirectly attached and available to the said immovable property; (b) all fixed and loose plant and machinery and tools and all furniture (fixed or loose), fixtures, fittings, laboratory instruments/equipment, spare parts, dies, and all connected accessories thereof; (c) all current Assets of the said business; (d) the Assignor’s goodwill of the said Division and the right to represent the Assignee as carrying on/continuing in business in succession to the Assignor’s said Division and to use the name of the said Division, as of the Assignee’s Division; (e) the full benefits of all patents, trade marks designs, discoveries, inventions, secret processes, licenses, approvals etc. thereof; (f) all policies of insurance in respect of assets and business of the said Division; and (g) the net current assets namely existing stocks, raw materials, finished and unfinished products, material in process, stores, packing material etc. 2. On and from the effective date, all the aforesaid assets of the said business of the Assignor is vested absolutely in the Assignee as full owner thereof and from the said effective date, the operations of the said business is to the account of the Assignee as sole owner thereof. The Assignor is executing the present Deed of Assignment in favor of the Assignee for effectively vesting the said assets in it as owner thereof, the Assignee having the full benefits thereof pursuant to Assignment hereunder. 3. The total consideration for the sale of the said business of TOP PHARMA AND CHEMICALS Division together with all its assets by the Assignor to the Assignee is Rs. _______________ (Rupees _______________________ Only) and the payment of the said consideration has been paid by the Assignee on or before the execution hereof. 4. The parties covenant that:— (a) It shall be the sole obligation of the Assignor to pay, and discharge all the outstanding debts and liabilities of the said business as on the effective date. (b) On and from the effective date, it shall be the sole obligation of the Assignee to meet all the debts and liabilities of the said business.  (c) If required, the liabilities which cannot be separated as on the effective date relating to the said business shall be apportioned between the parties. 5. The Assignee is taking over the services pertaining to the said business of all the existing employees and workmen as from the effective date on their existing remuneration and the terms and conditions governing their services and as from the effective date by operation of law as also by virtue of this deed all such employees of the said business shall be deemed to be the employees of the Assignee. However, all the liabilities of the said employees including provident fund, gratuity, pension, leave allowance, etc. till the effective date shall be on account of the Assignor.  6. The Assignee is entitled to get all the business licenses/statutory approvals of the said business transferred in its own name. 7. In consideration aforesaid the Assignor doth hereby grant, convey, transfer and assure unto the Assignee ALL THAT  piece or parcel of land together with structures standing thereon and more particularly described in the SCHEDULE hereunder written (herein referred as “the said property ”) TOGETHER WITH  all and singular the houses, out-houses, edifices, buildings, court, yards, areas, compounds, sewers, drains, ditches, fences, trees, plants, shrubs, ways, pathas, passage, commons gullies, wells, waters, water-courses, lights, liberties, privileges, easements, profits, advantages, rights, members and appurtenances whatsoever to the said property or any part thereof belonging or in any wise appertaining to or with the same or any part thereof now or at or any time heretofore usually held, used, occupied or enjoyed or reputed or known as part or member thereof and to belong or be appurtenant thereto AND ALL THE ESTATE  right, title, interest, claim and demand whatsoever at law and in equity of the Assignor in to out of or upon the said property or any part thereof TO HAVE AND TO HOLD  all and singular the said property hereby granted, conveyed, transferred and assured or intended or expressed so to be with their and every of their rights, members and appurtenances (all which are hereinafter called “the said premises”) UNTO AND TO THE USE  and benefit of the Assignee for ever AND THAT it shall be lawful for the Assignee from time to time and at all times hereafter peaceably and quietly to hold under upon occupy, possess and enjoy the said premises hereby granted, conveyed, transferred and assured with their appurtenances and receive the rents, issues and profit thereof and of every part thereof to and for its own use and benefit without any suit, lawful eviction, interruption, claim and demand whatsoever from or by the Assignor or its successors and assigns or any of them from or by any person lawfully or equitably claiming or to claim by from under or in trust for them or any of them AND THAT free and clear and freely and clearly and absolutely acquired, exonerated, released and for ever discharged or otherwise by the Assignor well and sufficiently saved, defended, kept harmless and indemnified of from and against all former and other estates, title, charges and encumbrances whatsoever either already or hereafter had made, executed, occasioned or suffered by the Assignor or by any other person or persons lawfully or equitably claiming or to claim by from under or in trust for them AND FURTHER  that the Assignor shall and will from time to time and at all times hereafter at the request and cost of the Assignee do and execute or cause to be done and executed all such further and other lawful and reasonable acts, deeds, matters, things, conveyances and assurances in law whatsoever for the better further and more perfectly and absolutely granting unto and to the use of the Assignee in manner aforesaid as shall or may be reasonably required by the Assignee its successors or assigns or its or their Counsel in law for assuring the said premises and every part thereof hereby granted, conveyed, transferred, and assured unto and to the use of the Assignee in manner aforesaid.  8. Pursuant to the aforesaid, the Assignor doth hereby agree to indemnify and keep indemnified the Assignee and its successors against all loss, charges, costs and expenses it may incur or suffer on account of Assignor’s liability of the said business prior to the effective date. 9. The Assignor declares and has represented to the Assignee that:- (a) the Assignor is the sole and absolute owner of the said business as also of immovable and movable properties thereof referred to above and has absolute and sole right to hold, use, occupy and possess the same. (b) the said property, the said business and all its assets are free from all claims and encumbrances and reasonable doubts of any nature whatsoever and the same are not attached either before or after judgment or at the instance of any taxation authority or any other authorities and the Assignor has not given any undertakings to the taxation authorities or any authorities so as not to deal with or dispose of the right, title and interest in the said property/business. (c) the Assignor has not entered into any arrangement, agreement or commitment in respect of the said property/business nor created any third party rights for the same or any part thereof. (d) For effectively transferring the said business and its’ assets in terms of this Deed of Assignment, the Assignor shall at all material times, as may be reasonably required by the Assignee, execute all necessary writings, deeds, declarations etc. at the cost of the Assignee. 10. All the cost of transfer including Stamp Duty, Registration Charges, and Sales Tax (if any) shall be borne and paid by the Assignee alone. Each party shall separately pay their advocates/solicitors professional charges. 11. The Assignor shall have the provision and the terms and conditions of the present Deed of Assignment accepted at its next Annual General Meeting. However, the provision of this Clause shall in no way affect the rights of the Assignee derived under the present Deed of Assignment. 12. The Parties hereto shall comply with all the provisions of the Company Law and other applicable laws to the transaction. 13. In the event of any dispute arising between the parties hereto and which cannot be mutually resolved within a reasonable time; the same shall be referred to the Arbitration under the provisions of The Arbitration and Conciliation Act, 1996 or any other prevailing Arbitration law. The Arbitration shall be held in the city of ______________. 14. The Courts at ______________ alone shall have jurisdiction to try and entertain all disputes between the parties hereto. THE SCHEDULE ABOVE REFERRED TO (Give detailed description of the properties including structures) IN WITNESS WHEREOF  the parties hereto have executed these presents and a duplicate thereof the day and year first hereinabove written. The COMMON SEAL of the within named ) ABC LIMITED was hereunto affixed ) pursuant to the Resolution of its ) Board of Directors passed in that ) behalf on the ___ day of ____ 200___, ) in the presence of ________________ ) Director and in the presence of _____________ ) _____________, the secretary of the company ) and in the presence of ) Witness: 1. 2. THE COMMON SEAL of the within named ) Assignees XYZ LIMITED was hereunto ) affixed pursuant to the Resolution ) of their Board of Directors ) passed in that behalf, on the ) ______ day of _________ 200__ in the ) presence of (1) _____________________, ) Managing Director and (2)____________ ) Director and in the presence of _________ ) Witness: 1. 2. RECEIPT RECEIVED the day and year first hereinabove written of and from the within named Assignee an aggregate sum of Rs. ________________/- (Rupees _________________ Only) as within mentioned being the full and final consideration as under:— WE SAY RECEIVED ABC LIMITED DIRECTOR (ASSIGNOR) WITNESS: 1. 2. Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.35/-)

Transfer of a Flat by the Vendor to a Third Party on Ownership Basis Subject to the rights of an Existing Tenant DEED OF TRANSFER  THIS DEED OF TRANSFER made at ________ this ________ day of __________ in the Christian Year, Two Thousand _____ BETWEEN ABC of __________, Indian Inhabitant, having address at___________________________ , hereinafter called “THE VENDOR” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors and administrators) of the ONE PART; AND XYZ of ________, Indian Inhabitant, having address at ________________________________ ____________, hereinafter called “THE PURCHASER” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors, administrators and assigns) of the OTHER PART; WHEREAS:— (a) The Vendor is the absolute owner of a plot of land situate at _________________________________ together with the building standing thereon known as “_____________” and more particularly described in the First Schedule  hereunder written and hereafter referred to as “ the said larger property ”. (b) The said building “______________” is consisting of Ground plus _____ upper floors which is fully occupied by various tenants/occupants. The said building is constructed prior to the year _______. (c) The Flat No.________ (admeasuring 600 sq. ft of carpet area) on the second floor of the said building “______________” is occupied by one PQR as the tenant of the Vendor for last several years yielding monthly rent of Rs. _____/-. The said tenancy is valid and subsisting. The plan of the said Flat No.________ on the Second Floor of the said building “_____________” is annexed hereto and is hereinafter referred to as “ the said flat ”. The said flat is more particularly described in the Second Schedule  hereunder written. (d) The Vendor has agreed to sell, convey and transfer to the Purchaser and the Purchaser has agreed to purchase and acquire the said flat from the Vendor at or for the total lumpsum price of Rs._______/- (Rupees ______________________ only), free from any encumbrances and reasonable doubts whatsoever, subject, however, to the tenancy, possession and other rights of the said Tenant as aforesaid and on the other terms and conditions recorded herein.  NOW THIS INDENTURE WITNESSETH that in pursuance of the aforesaid agreement and in consideration of the sum of Rs__________/- (Rupees _________________________ only) paid by the Purchaser to the Vendor on or before execution of these presents being the full consideration money agreed to be paid as aforesaid (the receipt whereof the Vendor doth hereby admit and acknowledge and of and from the same and every part thereof doth for ever acquit release and discharge the purchaser) HE the Vendor doth hereby grant, sell, conveys, transfers and assures unto the Purchaser free from all encumbrances and reasonable doubts the said flat more particularly described in the Second Schedule hereunder written subject to the tenancy, rights and occupation of the said Tenant AND ALL THE ESTATE right, title, interest, claim and demand whatsoever at law and in equity of the Vendor in to out of or upon the said flat or any part thereof TO HAVE AND TO HOLD all and singular the said flat hereby granted conveyed, sold transferred and assured or intended or expressed so to be with their and every of their rights members and appurtenances UNTO AND TO THE USE and benefit of the Purchaser, his heirs, executors, administrators and Assigns for ever SUBJECT TO the payment of his proportionate share of future rates, assessments taxes and dues now chargeable upon the same or hereafter to become payable to the Government or to the Mumbai Municipal Corporation or any other public body or local authority in respect thereof AND the Vendor Doth hereby for himself and his heirs, executors and administrators covenant with the Purchaser THAT notwithstanding any act, deed, matter or thing whatsoever by the Vendor or any person or persons lawfully or equitably claiming by from through under or in trust for him made done committed omitted or knowingly or willingly suffered to the contrary HE the Vendor now has in himself good right full power and absolute authority to grant convey transfer and assure the said flat hereby granted conveyed transferred and assured or intended so to be unto and to the use of the purchaser in manner aforesaid AND THAT it shall be lawful for the Purchaser from time to time and at all times hereafter peaceably and quietly to hold enter upon occupy possess and enjoy the said premises (subject to the rights of the said tenant as aforesaid) with their appurtenances and receive the rents issues and profit thereof and of every part thereof to and for his own use and benefit without any suit or lawful eviction, interruption, claim and demand whatsoever from or by the Vendor or his heirs, executors and administrators or any of them from or by any person lawfully or equitably claiming or to claim by from under or in trust for him AND THAT free and clear and freely and clearly and absolutely acquitted exonerated released and for ever discharged or otherwise by the Vendor well and sufficiently saved defended kept harmless and indemnified of from and against all former and other estates title charges and encumbrances whatsoever either made executed occasioned or suffered by the Vendor or by any other person or persons lawfully or equitably claiming or to claim by from or in trust for them AND FURTHER that he the Vendor and all persons having or lawfully or equitably claiming any estate, right, title or interest at law or in equity in the said flat hereby granted conveyed transferred and assured or any part thereof by from under or in trust for him the Vendor or his heirs or any of them shall and will from time to time and at all times hereafter at the request and cost of the Purchaser do and execute or cause to be done and executed all such further and other lawful and reasonable acts, deeds, matters and things conveyances and assurances in law whatsoever for the better further and more perfectly and absolutely granting unto and to the use of the purchaser in manner aforesaid as shall or may be reasonably required by the Purchaser his heirs, executors, administrators and for assuring the said premises and every part thereof hereby granted conveyed transferred and assured unto and to the use of the purchaser in manner aforesaid.   AND IT IS HEREBY FURTHER AGREED AND COVENANTED BY AND BETWEEN THE PARTIES THAT:— (i) The Purchaser shall use the said flat for the purpose of residence only.  (ii) The Purchaser along with other purchasers (who may enter into similar arrangements with the Vendor) of the premises in the building shall join in forming and registering an Association of Apartment Owners or a society or a limited company as may be decided by the Vendor which will be formed only after all the premises in the said building are sold and not otherwise. (iii) The Purchaser shall be liable to bear and pay the proportionate share of all outgoings in respect of the said premises.  (iv) The Purchaser shall have no claim save and except in respect of the said particular flat. The remaining portion of the Property  i.e.  other flats, shops, common areas, etc. shall be the property of the Vendor until the whole of the said larger Property with building existing thereon is transferred to the Condominium/Co-operative Society/Limited Company as mentioned herein. THE FIRST SCHEDULE HEREINABOVE REFERRED TO: (Give description of the whole building together with the land) THE SECOND SCHEDULE HEREINABOVE REFERRED TO: (Give description of the subject flat)  IN WITNESS WHEREOF the parties have hereunto set and subscribed their respective hands to this writing the day and year first hereinabove written. SIGNED SEALED AND DELIVERED ) by the within named “ABC”, The Vendor ) above named in the presence of .... ) SIGNED SEALED AND DELIVERED ) by the within named “XYZ”, The Purchaser ) above named, in the presence of .... ) RECEIVED the day and year first ) hereinabove written of and from the with- ) in named Purchaser the sum of Rs._______/- ) (Rupees ________________________only) ) by Cheque No. _______ dated ) drawn on   ) being the amount of full and final ) consideration. )   I SAY RECEIVED. WITNESS: 1. 2.  (VENDOR) Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-)

TERMS OF COMPROMISE IN A SUIT IN THE COURT OF ___________________ AT ___________ SUIT NO. ________ OF 2000 SH. ABC ......... PLAINTIFF VERSUS SH. XYZ ........ DEFENDANT   CONSENT TERMS   The Suit be and is hereby compromised between the parties hereto on the following terms and conditions viz.   1. The defendant shall pay to the plaintiff the sum of Rs. __________ per month as maintenance allowance during her lifetime for the maintenance of herself and a sum of Rs. 200 per month for the maintenance of her minor daughter C up to her marriage.    2. The defendant shall pay to the plaintiff the sum of Rs. __________ in respect of her legal and other expenses.    3. In case the defendant shall fail to pay maintenance allowance to the plaintiff for six consecutive months, decree in terms of prayer (a) of the plaint to be executed forthwith.    4. The plaintiff covenants that she will remain chaste and lead a good moral life during her lifetime.    Decree in terms of the above terms.    Dated this _____ day of __________, 2000.    _________Advocate for plaintiff SH. ABC Plaintiff  _________Advocate for defendant SH. XYZ Defendant    Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

WILL Know all men by these presents: This Will is made at........................... on this........................... day of ........................... by Shri........................... son of........................... resident of ........................... (hereinafter called the ‘Testator’). 1. I am making this the first and last Will of my own free will and without any coersion from any side and in my full sense and disposing mind in respect of my immoveable and moveable properties as mentioned in this Will. 2. I am the owner of........................... I hold lease right of the said ........................... vide lease deed executed in my favour by the........................... I have acquired the lease hold right of this........................... out of my own savings and resources and have full right to dispose off the same. 3. I have made investments as per particulars hereinafter mentioned out of my own savings and resources and have full right to dispose off the same: (1) Okara Investment certificate Rs............................ (2) Unit Trust of India Certificate No............................ No. of Units........................... Rs............................ 4. I am also in receipt of Rs............................ as pension per month. 4. I hereby bequeath and devise the abovesaid immoveable property and moveable property to my wife........................... who shall inherit them absolutely with full rights to dispose off the same or to sell it off if she so likes. 5. I bequeath and devise the monthly pension to my wife........................... and she will be entitled to get the Family pension. 6. That this Will shall be irrevocable and I hereby declare not to make any other Will in respect of the aforesaid immoveable and moveable properties in favour of any other person. 7. As stated above, I am making this Will of my free Will without any coercion, fraud, or misrepresentation practised upon me from any quarter whatsoever. 8. That I am in complete, sound and disposing mind and I have understood the effect of this Will in favour of my wife,........................... resident of  And I hereby appoint her the sole executrix of the Will. In witness whereof the testator has signed this will on the date, month and year first above written in the presence of the witnesses who have seen the testator putting his hand and signatures to this his last Will and have also signed in the presence of each other and in the presence of the testator as witnesses. signed by the Testator........................... son of........................... resident of ........................... in the presence of witnesses ...........................  Testator  Witnesses: We the following witnesses have seen Shri........................... putting his hand and signature to this his last Will, who are present at the same time and have also signed the same in the presence of the Testator as witnesses. 1............................ 2............................ CASE LAW WILL-VALIDITY When the signature of the testator and the witnesses on the Will were found genuine, the signatures being on the second page only and the Will having been written on two pages, one stamped and the other unstamped are not suspicious circumstances.1 There is a strong presumption of regularity and due execution and attestation of the holograph will when the writing of the Will and signature of the testator are admitted.2 Tenancy rights and goodwill of the running concern can be attached in execution under Order 21 Rule 54 C. P. C.3 Where averments in the plaint for specific performance showed readiness and willingness eventhough expression readiness and willingness was not used and there was only vague denial in W. S. and thus no issue was on the point, suit could not be thrown out.4 PETITION FOR PROBATE OF WILL A mere creditor of a deceased who files a caveat or seeks impleadment can not be held to be having such interest in the estate of deceased which will entitle him to be heard in the probate proceedings.5 When a Will had been formally proved, its being unnatural on the basis of uneven distribution of the assets by Testator cannot be sustained in the facts and circumstances of the case.6 The Court can look into suspicious circumstances surrounding the Will to decide whether a prudent man can act on it even if its execution is legally proved.7 Under the Mitakshara School of Hindu Law WILL can be executed by coparcener for his undivided share.8 The uneven distribution of assets among children by itself cannot be taken as a circumstance causing suspicion surrounding the execution of will.9 Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

DEED OF SURRENDER OF LEASE   Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-) THIS DEED of Surrender is made at ................. the ................. day of ................., 2000, BETWEEN A, son of ................. resident of ................. hereinafter called "The Lessee") of the ONE PART and B, son of ................. resident of ................. (hereinafter called "The Lessor") of the OTHER PART.    WHEREAS by a Deed of Lease made at 0................. on ................. day of ................., 2000, between the Lessor of the ONE PART and the Lessee of the OTHER PART (which lease deed has been registered with the Sub-Registrar of Assurances at ................. on the ........... th day of ..............., 2000, as Document No. ................. in Book No. ................. Volume No. ................. at pages No................ to ................. and is hereinafter called the Lease Deed), the Lessor demised unto the Lessee the land and premises described in the Schedule to the said Lease Deed (being the same as described in the Schedule hereunder written), hereinafter called the "demised premises" for a period of ................. years commencing from ................. at a monthly rent of Rs. ............... on the terms and conditions as set out in the said Lease Deed.    AND WHEREAS the lessor proposes to develop the demised premises by constructing buildings thereon consisting of flats and then to sell the said flats to the prospective flat purchasers on ownership basis and has requested the Lessee to surrender the demised premises, which the lessee has agreed to do so in the manner hereinafter appearing.    NOW THIS DEED WITNESSETH THAT in pursuance of the said agreement and in consideration of the sum of Rs. ................. (Rupees ................. ), (the receipt whereof the Lessee hereby acknowledges), the Lessee as beneficial owner hereby surrender and assign and quit claim to the demised premises demised by the said Lease Deed unto and to the use of the Lessor TO HOLD the demised premises unto the Lessor for all the unexpired lease term and interest created by the said lease Deed TO the intent that the same terms and interests may merge and be extinguished in the reversion which was immediately expectant thereon before the execution of this Deed AND THE LESSEE hereby covenants and declares that he has not done any Covenants act, deed or thing whereby or by means whereof he is in any way prevented from surrendering the demised premises from the said lease.    IN WITNESS WHEREOF, the parties have hereunto set and subscribed their respective hands the day and year first hereinabove written.  The Schedule above referred to   Signed and delivered by the within named lessee A    Signed and delivered by the within named lessor B  WITNESSES; 1.  2.   Received from the Lessor B a sum of Rs................. (Rupees .................................... only) being the full consideration payable to me under these presents.    I say received.  (A)  Lessee    WITNESSES; 1.   2.

Gift Deed in Respect of Gift of Money THIS DEED OF GIFT executed at __________, this ________ day of _________ Two Thousand and ___________ by A B C, of ___________, Indian Inhabitant, residing at _____________________________ _____________________________________, hereinafter called “THE DONOR”  (which expression shall unless it be repugnant to the context or meaning thereof, mean and include his heirs, executors and administrators) of the One Part; AND P Q R, also of ___________, Indian Inhabitant, residing at ____________________________________ ________________, hereinafter called “THE DONEE”  (which expression shall unless it be repugnant to the context or meaning thereof, mean and include his heirs, executors, administrators and Assigns) of the Other Part: W H E R E A S: (a) The DONEE is the brother of the DONOR. (b) The Donor is absolutely possessed of large sum of money and which are his self acquired and/or owned property. (c) In consideration of natural love and affection which the DONOR bears towards the DONEE, the DONOR out of his own free will and accord was desirous of making a gift of Rs. _______________/- (Rupees __________________ only) and which is duly gifted by Donor to the Donee in manner appearing hereinafter; (d) The DONEE has accepted the said gift by executing these presents in testimony hereof; and (e) The fact of the said gift is recorded herein.  NOW THIS INDENTURE WITNESSETH THAT for effectuating the aforesaid desire and in consideration of natural love and affection which the DONOR bears towards his brother the DONEE, the DONOR doth hereby grant, transfer, convey and assign by way of gift a sum of Rs. ______________________/- (Rupees ____________________ only) as described in the Schedule  hereunder written unto the DONEE TO HOLD the same unto and to the exclusive ownership and use of the DONEE forever absolutely AND the DONOR doth hereby represent, warrant and covenant with the DONEE THAT he the DONOR has good right, full power and absolute authority to pay and gift the said amount unto and to the use of the DONEE in the manner aforesaid AND IT IS DECLARED AND CONFIRMED THAT the DONEE has become the absolute owner of the said amount of Rs. _______________/- (Rupees __________________________________ only) and the Donor has ceased to have any beneficial right, title or interest in the same. IN WITNESS WHEREOF the DONOR having gifted and the DONEE having accepted of the said gift, have put their respective hands the day and year hereinabove written.  SCHEDULE ABOVE REFERRED TO: (amounts paid by the Donor to the Donee by way of GIFT ) Sr.No Date Cheque No. Drawn on Amount 1 2 3 4 Total SIGNED AND DELIVERED by) the within named A B C, ) the DONOR above named, ) in the presence of ) SIGNED AND DELIVERED by ) the within named X Y Z ) the DONEE above named, ) in the presence of ) Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

Surrender of Tenancy Rights THIS AGREEMENT OF SURRENDER OF TENANCY made at __________ on this _____________ day of _____________ 200___; BETWEEN ABC of _____________, Indian Inhabitant, residing at ___________ ______________________________, hereinafter referred to as “THE TENANT”  (Which expression shall unless repugnant to the meaning and context thereof, be deemed to include his heirs, executors and administrators); OF THE ONE PART; AND PQR VENTURES ESTATES & DEVELOPMENTS PVT. LTD., a company incorporated under the Companies Act 1956 having its registered office at _________________________________________________________, hereinafter referred to as “THE LANDLORD” (Which expression shall unless contrary to the context or meaning thereof mean and include its successors and assigns);  OF THE OTHER PART; WHEREAS:— (a) The Landlord is the owner of the building known as “________________” situate at ________________ and which is more particularly described in the First Schedule hereunder written. The Landlord is also the owner of residential flat No. __________ on the ________ floor of the said building “___________” admeasuring 600 sq.ft. of carpet area (hereinafter referred to as “the said flat” ) and which is more particularly described in the Second Schedule  hereunder written; (b) The Tenant is the lawful tenant in respect of the said flat. The rent receipt in respect of the said flat stands in the name of the Tenant; and  (c) The Tenant has agreed to surrender his tenancy and occupancy rights in respect of the said flat in favour of the Landlord on the terms and conditions hereinafter stated.  NOW, THEREFORE, THIS DEED OF SURRENDER BY AND BETWEEN THE PARTIES WITNESSETH AS FOLLOWS: 1.  The Tenant hereby surrenders his tenancy and occupancy rights, title and interest in the said flat No.______ on the _______ floor of the said building “_____________” admeasuring 600sq.ft. of carpet area and which is more particularly described in the Second Schedule hereunder written to the Landlord. In consideration of the surrender of the said tenancy rights as aforestated, the Landlord has on or before execution hereof paid a sum of Rs._____________/- (Rupees _______________________________ only) to the Tenant in full and final consideration (the payment and receipt whereof the Tenant doth hereby admit, confirm and acknowledge). 2. The Tenant has upon execution hereof handed over quiet, vacant and peaceful possession of the said flat to the Landlord. Henceforth, the Tenant shall have no right, title, interest and/or claim of whatsoever nature in the said flat and the Landlord shall be fully entitled to deal with the same in the manner it desires without any objection of whatsoever nature from the Tenant. 3. The Tenant has represented and assured the Landlord that he has not created any kind of third party rights in respect of the said flat. The Tenant further states that he is in no manner directly and/or indirectly prevented from entering into this Deed and/or surrendering tenancy rights of the said flat to the Landlord. 4. The stamp duty and registration charges, if any, in respect of the present instrument shall be borne by the Landlord as agreed. THE FIRST SCHEDULE ABOVE REFERRED TO (Give description of the entire building of the Landlord) THE SECOND SCHEDULE ABOVE REFERRED TO (Give description of the tenanted flat)  I N WITNESS WHEREOF the parties have caused this Deed to be executed the day and year first hereinabove written. SIGNED, SEALED AND DELIVERED by the ) Within named ABC “THE TENANT” ) in the presence of ...... ) THE COMMON SEAL OF THE WITHINNAMED) M/S. PQR VENTURES ESTATES AND ) DEVELOPMENTS PRIVATE LTD., ) “THE LANDLORD” above named is hereunto ) affixed pursuant to the resolution of its Board of ) Directors passed in that behalf, on the ________ ) day of ______________ 200__ in the presence of ) 1. ______________________, Managing Director and  ) 2 ________________________, Director and in the  presence of …………. )   Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

THE TEN COMMANDMENTS OF CROSS-EXAMINATION Download Word Document In English. (Rs.55/-) Download PDF Document In Hindi. (Rs.55/-) I. INTRODUCTION Much has been written about the “art” of cross-examination. Not all of it, though, involves art. Some of it involves natural talent, but most of it involves hard work. In truth, three factors combine to create this “artistic” success -- personality, presence and persuasion. These traits are often manifesting in the ability to think and react quickly. But something else is involved as well -- something that trial lawyers often hold in short capacity. That something is humility, and the ability to know when to quit. The art of cross-examination involves all of these traits, and more than a little luck. This article is intended to provide yet another iteration of the Ten Commandments of cross-examination. Here is the caveat, however -- one does not learn to be good at cross-examination by reading papers. The successful artist learns by doing it, or watching others do it well; by reading trial and deposition transcripts or, better yet, by conducting the examination personally. In this era, when there are too few trials to satisfy so many eager trial lawyers, cross-examination techniques can be practiced in depositions. The trial lawyer must learn to get the “feel” of a good cross-examination; to develop a personal cadence and style. The trial lawyer must learn as well to adapt to particular witnesses and different cases. But he or she learns by doing. In all this, of course, having some general rules in mind will not hurt. Hence, the “Ten Commandments.” II THE COMMANDMENTS I. The First Commandment: You Shall Prepare. Of course, preparation is essential, but it would be surprising to learn how many trial lawyers fail to observe this basic principle. A lawyer must prepare in order to know what topics to cover. A lawyer must prepare because the jury will assess his or her depth of knowledge and commitment to the case by the demonstrated ability to handle the details of cross-examination. If the lawyer appears vague on the details, the jurors may conclude that they, too, should be unconcerned about the finer points of the case. Thorough preparation also will ensure that the witness appreciates the lawyer’s competence. Under such circumstances, the witness will be less willing to take advantage of the lawyer’s lack of first-hand knowledge. It takes hard work, but dividends flow. For a plaintiff’s cross-examination, preparation involves digging into every relevant background fact. This includes employment history, medical history, prior statements, and every other important detail. The cross-examination of the plaintiff can be a pivotal point at trial. Jurors tend to pay special attention to this encounter because they recognize that it focuses the essential controversy of the case -- a battle between the plaintiff and the defendant. A prepared and effectively accomplished cross-examination of the plaintiff, perhaps more than any other event at trial, can increase significantly the chances of a defense verdict. Unfortunately, an unprepared and poorly accomplished cross-examination can produce the opposite result. Because many cases are decided by expert testimony, an attorney should prepare thoroughly for the cross-examination of an opposing expert. Generally, significant amounts of information must be gathered in advance of cross-examination. As a starting point, it is important to master the deposition taken in the case at hand because that deposition represents the greatest opportunity for impeachment. However, one should review depositions of the expert taken in other cases and be prepared to use them as well. Experts sometimes forget what they say from deposition to deposition; this is particularly true for the professional witness. In addition, expert witness databases are available from which to gather background information on a particular expert. It is also a good idea to contact lawyers who have encountered the expert. This creates an opportunity to build upon the good efforts of others. Finally, it is important to obtain all of the expert’s prior writings and to subpoena the expert’s entire case file, including correspondence and other materials exchanged with opposing counsel or third parties. In this regard, check for advertisements or expert listings and carefully review all aspects of the expert’s curriculum vitae to ensure that he or she has been accurate in every material respect. II. The Second Commandment: You Shall Know The Objective. Irving Younger, an advocate of short cross-examination, often stated that the lawyer should “make three points and sit down.” Sometimes, that is the way to go. Often, however, one needs to spend time with the witness to develop several critical points to counter the impact of the direct examination. Before initiating a cross-examination of any witness, the lawyer should clearly bear in mind those points he or she wishes to make with that witness. And then, he or she should write them down. These points also should be discussed with those who are assisting at trial. Effective cross-examination cannot be accomplished without a clear understanding of which points are critical to the case, and which ones can be extracted most appropriately from each witness. Only when understanding how to make these points and how to package them for the jury can a lawyer effectively communicate with the jury. If the jurors are sitting in the box wondering where the cross-examination is headed, it is likely that the lawyer does not know where the cross-examination is headed. Therefore, it is critical to make a list of what should be accomplished on cross. Near the end of that cross-examination, it is a good idea to return to the list to ensure that all points were covered. III. The Third Commandment: You Shall Take Baby Steps.a Patience is a virtue in cross-examination. Delivery of key points is not just a destination, it is a journey on which the jurors should accompany the lawyer. They must understand step-by-step where the cross-examination is headed. It is called pacing; it is called communication. Here is an example. Assume the case is being tried with an expert who has developed opinions, but has never submitted those opinions for peer review. One way to handle the situation at trial is simply to ask the following question: Q.  Have your opinions ever been submitted for peer review? A.  No. This exchange gets right to the point. However, if the jury is to journey with the lawyer and understand the point, the following series of questions might be posed, to which the witness will likely answer “yes”: Q.  You have heard about the peer review process? Q.  And, by peers, we are talking about people in your area of science? Q.  So, the peer review process involves a review of one’s opinions by his/her scientific peers or colleagues? Q.  It allows one to get valuable feedback from other scientists about what they think of your opinions? Q.  It can provide a sense of whether your opinions are generally regarded as supportable and reliable by other experts in your field? Q.  Can this be very valuable in the scientific process? Q.  Does one form of peer review involve standing up at meetings and sharing your views with peers or fellow scientists? Q.  You are letting them know your opinions? Q.  And you are discussing with them the basis of those opinions? Q.  This allows your peers to comment on the strengths or weaknesses of your opinions? Q.  You have been involved in this litigation for five years? Q.  You have, for the last five years, been expressing these opinions in courtrooms around the country? Q.  Have you ever stood in front of a group of your fellow scientists to share with them the opinions you have just shared with this jury on direct examination? Q.  Have you ever, at any scientific meetings, sought feedback from your fellow scientists on whether they think you are right or wrong? Q.  Is another form of peer review the publication of articles? Q.  When you submit an article to a good journal, the article is peer-reviewed before it is published? Q.  By that, I mean that the editor of the journal circulates the article to various scientists for their comments? Q.  By this process, can the editor be more comfortable that the opinions expressed in the article are valid and supported by the evidence? Q.  This, too, can be a valuable part of the scientific process? Q.  Can it be a way of weeding out bad science? Q.  Have you ever submitted a manuscript stating your opinions to a journal for publication? Q.  Have you even prepared a manuscript stating the opinions you have expressed to this jury? Q.  Have you in any form ever sought feedback from the publication peer-review process concerning your opinions in this case? Q.  So, sitting here today, after five years of involvement in litigation, you have never taken the time to prepare a manuscript and submit it to a journal so that your fellow scientists can determine whether it is even worth of publication? This journey takes time. That is not to suggest, however, that an enormous amount of time should be spent on every point. That will become ponderous and the jurors will become bored. The lawyer must gauge the importance of a particular point and assess what it will take to deliver that point effectively to the jury. Above all, don’t hurry. Make the jury understand the point since a misunderstood point is no point at all. IV. The Fourth Commandment: You Shall Lead the Witness (Usually). Asking only leading questions is perhaps the oldest rule of cross-examination. It is an old rule because it is a good one. Leading questions are most effective because they essentially allow the cross-examiner to testify and the witness to ratify. The technique advances one of the important dynamics of the courtroom -- control. Asking leading questions allows the cross-examiner to be forceful, fearless, knowledgeable and informative. Good things come from leading questions. So, when permitted, lead, lead, and lead. Usually. Be aware that leading questions also can grow tiresome. No one likes to hear a hundred questions in a row that end with, “is that correct?” The staccato questioning of a witness can sometimes make the cross-examiner appear overbearing and cold. Thus, when implementing this ironclad rule of leading a witness on cross-examination, keep a few qualifying rules in mind as well. First, learn how to lead the witness. Firing questions that begin with, “isn’t it correct,” may remind the jurors of an FBI interrogation from an old movie. A trial lawyer must search for ways to vary the routine. For example, in an intersection collision case, a fact witness might be called by the plaintiff to testify on several key points that favor the plaintiff. Yet, the one point that favors the defendant is the witness’s recollection that the stoplight was red. On cross-examination, therefore, defense counsel might do the following: Q.  Isn’t it correct that you were in a position to see whether the light was red or green? A.  Yes. Q.  And the light was red, isn’t that correct? A.  Yes. In isolation, these questions could effectively make the point. To make the point more casually, however, and to bring the jury along for the ride, the cross-examiner might do the following: Q.  As you were driving down the road, I guess you were paying attention to the lights ahead? A.  Yes. Q.  I mean, as a careful driver, I assume one of the most important things you do is look to see whether the light ahead is red or green? A.  Yes. Q.  And, as you were heading down Grand Street that Friday afternoon, and I’m talking especially about that afternoon, weren’t you paying attention as to whether the lights ahead were red or green? A.  Yes. Q.  And as you were driving down the road that day, was the light red or was it green? A.  It was red. Q.  Is there any doubt in your mind that the light was red on that day? A.  No. Q.  Pardon me? A.  No, there is no doubt in my mind. These are all leading questions, but not a single one contained the phrase, “is that correct,” or the lawyer-like introduction, “isn’t it a fact . . .” Often, when questioning witnesses who are not experienced testifiers, a kinder and gentler style of asking leading questions is the most effective. A second caution or qualifying rule requires judgment in knowing when not to ask leading questions. Sometimes a lawyer becomes so obsessed with controlling the witness that every question becomes a leading question. This may not be required. For example, when questioning a professional expert on the stand, leading questions in certain areas are absolutely unnecessary. Examples: Q.  Why don’t you just tell the jury how many times you have testified in a court of law? Q.  How much money did you make last year testifying for plaintiffs’ attorneys around the country? Q.  Of the thousands of medical journals published around the world, tell the jury how many you have asked to publish the opinions you have expressed in this courtroom? Q.  How long has it been since you last treated a patient? And so on. Often, it is best to have the answer come from the mouth of the witness. A lawyer asks these non-leading questions because he or she knows the answer and, if the witness waffles, the witness can be impeached. The point is not that every question must be leading, but that the expert is never afforded an opportunity to expound on a question of critical importance. When reaching this goal, look for the opportunity to use non-leading questions to break the monotony of repetitive leading questions. V. The Fifth Commandment: You Shall Know The Style and Adapt It to the Occasion. Good trial lawyers develop their own comfortable styles. In this regard, it is important to observe other trial lawyers; good trial lawyers are impressive. It is a mistake, however, to mimic them. Excellent trial lawyers come in many different packages. Some are funny; some are very serious. Some have booming voices; some speak softly. Some move around the courtroom; some never become detached from the podium. Each trial lawyer must do what is comfortable for him or her, following the old adage: Be true to yourself. Just as there are effective points of style, however, there are also the negative. It is effective to be aggressive on cross-examination; just don’t be a jerk. Getting angry or losing one’s temper sometimes will imply that the witness got the best of the cross-examination. Know the difference between tough and mean, between confidence and arrogance, and between control and dominance. The jury will know the difference if the lawyer does not. VI. The Sixth Commandment: You Shall Know When to Quit. All lawyers have experienced situations where they realize, half way through a cross-examination outline, that the battle is over -- either everything has been done with a particular witness, or there is little more that can be done. It is either recognition of victory or acknowledgement of defeat. One of the most difficult things for lawyers to do is to quit – to step away from the limelight. Yet, effective counsel will stay attuned to how the cross-examination is going as it is progressing. Adaptability is the key. Things may go better than hoped, or things may grow hopelessly worse. As the cross-examination proceeds, it is critical to stay attuned to the courtroom atmosphere. How is the jury responding to the performance? How is the judge responding? The best-laid plans of even the best cross-examination should be modified as circumstances dictate – even to the point of quitting. Generally, there are two times to quit. The first occurs when the witness has been discredited or has made a monumental concession. There is no need for overkill, and the jury may resent counsel if he or she maintains the charge against the witness. Even worse, the witness may negotiate a remarkable comeback. The second time to quit is when the witness is killing the case or counsel. Trial lawyers generally are not steeped in humility, and defeat ill becomes them. The tendency is to keep fighting against all odds. Nevertheless, trial counsel should have the judgment to admit defeat at the hands of a witness. Occasionally, this result can be calculated before trial, if the reputation or deposition performance of the witness suggests that few points can be scored on cross-examination. Sometimes, unfortunately, one learns this lesson under the bright lights of the courtroom. This does not mean, however, that the lawyer staggers to counsel table and sinks into the chair. Recall the scene in the movie, “My Cousin Vinnie,” when one of the defense counsel inartfully attempted to cross-examine a witness about his eyesight. Failing in the effort, counsel retired to counsel table only to proclaim: “Whew, he is a tough one.” Trial lawyers often engage illusion. Make it appear that this witness actually can support the case in some respect. Find some common ground with the witness so that the witness can conclude the examination by agreeing with counsel. In this regard, imagine a case where a prescription drug is alleged to have caused injury to the plaintiff. An extraordinarily qualified medical expert has provided an opinion that the plaintiff’s injury was caused by the medicine, and the expert cannot be moved from that causation opinion. Within the limits of whatever latitude a judge might allow on cross-examination, try to commit the expert to the following general points: (a) You will agree that prescription drugs are important to the health of Americans. (b) All medicines have side effects. (c) Just because a medicine has side effects does not mean it should not be marketed. (d) The FDA balances the risks and benefits of every prescription medicine in determining whether it should be marketed. (e) Once the prescription medicine is marketed, the physician also balances the risks and benefits in determining whether to prescribe the medicine for a patient. (f) The [prescription medicine at issue in the case] continues to be available on the market. (g) The FDA has never ordered it to be removed from the market. (h) The FDA has never determined that this medicine should be unavailable to patients in America. (i) Indeed, physicians all over the country prescribe this medicine for patients who need it. In this fashion, the lawyer is driving home themes that support a defense of the pharmaceutical manufacturer and getting an effective witness to make these points. The cross-examination will conclude on a high note. Be careful, however, so as not to allow a good witness to further damage the case on re-direct by opening new avenues of inquiry on cross-examination. VII. The Seventh Commandment: You Shall Know What to Take to the Podium. Preparation is a good thing, and developing a good cross-examination outline is very useful. Yet, in the heat of the battle, being organized, effective and quick to the point is critical. Some attorneys take volumes of materials to the podium for cross-examination. Some come armed with fifty-page cross-examination outlines. All of this is acceptable, if the volume of materials is manageable. No matter how hard the lawyer works on preparing cross-examination, however, surprise is inevitable. The lawyer may want or need to pursue a line of questioning that is out of order in the outline. An article, document or transcript may be needed unexpectedly for impeachment. All of these items must be accessible immediately. Fumbling around, shuffling papers or searching for one’s place in an outline while the courtroom remains eerily silent does not convey a positive image. There are many solutions to this problem, but the most important one is economy. Streamline the cross-examination outline in order to move around easily, making those points that are the most effective for the moment. Not every question need be written out. This is cross-examination, not an oratory contest. The jury will be able to tell the difference. Have the confidence to work from a shorter outline, knowing that additional points can be made to fill the gaps. If a lengthy cross-examination is anticipated, divide the outline into discrete parts, using a three-ring binder and a tabbing system. This will allow for a focus on the details within single topics, minimizing the risk of getting lost. Handling the impeachment material also requires preparation and organization. Again, economy is the key. Know the materials and have them readily available. Combining these key materials into a collection of “maybe” documents will interfere with the ability to find what is needed when it is needed. Key materials should be cross-referenced within the outline and organized in a series of folders to retrieve them quickly. Having an assistant who thinks two steps ahead and follows the outline may be the most efficient way to handle these materials. Impeaching with prior testimony also can be tricky since this requires some knowledge that an impeachment opportunity exists. One must locate the impeaching material and lay the foundation for use of that material. Finally, the impeaching material must be used effectively. The paramount rule on impeachment is this: use impeachment sparingly and only for telling points. If an expert testifies at trial that he has been deposed sixty-one times, but in his deposition he acknowledged sixty-two times, the inconsistency usually is not worth the impeachment effort. With that rule in mind, preparation for cross-examination should focus on those concessions made by the witness in prior transcripts that are essential to the case. Include these points in the outline and be sure the outline tracks the precise question asked in the prior transcript. Then, have the transcripts marked in order to access the impeaching portion easily. Not every witness transcript needs to be at the podium, however -- only those that will be used. The same rules apply for any other impeaching material – whether published articles, statements on a web site, letters or reports. Now, a word about paperless trials. Most trial lawyers are heeding the trend to place materials in electronic form and eliminate paper in the courtroom. That trend is likely to continue. With judges forcing parties to use electronic media in the courtroom, defendants should be concerned no longer about presenting a “high tech” case in most venues. All parties will be required to do so. However, the use of electronic media can be a blessing and a curse. It is a blessing because it allows ready access to materials that are needed to cross-examine a witness. Pushing the right button or waving a wand over the right bar code produces what is needed. Yet the curse involves learning how to handle this technology. All the necessary software must be learned and loaded for every witness; the right materials must be available instantly for the witness and the jury. This requires practice. Once mastered, the presentation can be powerful and even intimidating to an opposing witness. Find the software that is “friendliest” and learn it. Use outside consultants if necessary. Once the process is familiar and its utility realized, lawyers will be inclined to use technology even if not required by the trial judge. VIII. The Eighth Commandment: You Shall Know The Audience. Consider a situation where the examiner is masterful, the witness is bested on technical points, and impeachment is accomplished with scientific journals. The entire direct examination is facing destruction with laser-like precision as the examiner bombards the witness with technical questions. The problem? The jury has no idea what is going on. This situation sometimes makes for a good appellate record, but it makes for a bad trial result. A gifted trial attorney is able to reduce the technical to the simple without appearing to patronize the jury. This is important in all phases of the trial, but it is most important in cross-examination when counsel is attempting to undermine the case of an opponent through the testimony of the opponent’s witnesses. If the jury does not understand that an opponent has been bested, time has been wasted. If counsel is moving laboriously through technical points and boring the jury in the process, both time and substance are lost. The jury will grow angry. There are few truisms in the business of trying cases, but there is one: if the jury is mad at counsel, the case is lost. Effective trial lawyers remember that the important audience is seated in the jury box. The jury must understand the case. In particular, jurors must understand the points being made on cross-examination. Yet again, this starts with preparation. Decide beforehand what points are important to the cause and whether they can be made effectively during cross-examination. Sometimes it is simply not worth investing the time and energy or invoking the jury’s tolerance to make technical points with an adverse witness. Some of these points can be deferred until a party’s own witness is on the stand. If a point is worth making on cross-examination, decide how best to make it. The jury must understand the context of a given point. Use simple words in simple sentences and reinforce points that are conceded by a witness: “You said that it is standard practice to perform x-rays under those circumstances. Is this something you learned in your medical training?” Be sure that when the witness concedes a point, the jury understands the advantage. Perhaps that involves some dramatic flair, if that is counsel’s style -- a change in tone of voice, or movement from the podium. Perhaps counsel did not hear the answer, or fears that the jury did not, and asks the witness to repeat it. All of this involves style and judgment. Most of all, however, it involves telling the simple story to the jury. Another effective way to make points is to highlight them for the jury. Some judges will allow counsel to enumerate key concessions on a flip chart or an Elmo. (Though keep in mind that some judges do not). This can be an important way for jurors to remember the points made. They hear the points, then they see the points. Any time a point can be visually made or recorded, do so. It allows counsel to relate back to this visual point during closing argument, and it creates a more enduring cross-examination memory for the jury. Demonstrative exhibits or other visual aids generally make cross-examination more interesting, and the more interesting the cross-examination, the more attention the jury will give it. IX. The Ninth Commandment: You Shall Know the Rules of Evidence. Much of cross-examination is style and technique, but that is only veneer. It is the substantive content that holds the case together. Counsel must introduce EVIDENCE during cross-examination. The admission of evidence requires a keen understanding of the rules of evidence and how to argue them. The best-planned cross-examination will be ineffective if counsel cannot navigate the rules of evidence. The starting point is to know the rules of evidence. That does not involve reviewing law school notes from Evidence 101, or skimming through Wigmore’s Law of Evidence. It means, however, that the rules of evidence must be read again. It means that cases and articles must be reviewed. Generally, lawyers who are not also law professors do not maintain encyclopedic recollection of the rules of evidence. Yet these rules must be refreshed so that they can be argued usefully. In addition to this general re-acquaintance, be sure to identify those rules that hold particular importance to the trial. Different rules come into play in different trials. Know well the ones that count. Anticipate problems with the authenticity and admissibility of documents needed for cross-examination. Be sure to contemplate an argument supporting the admissibility of evidence important to every aspect of cross-examination. Prepare trial briefs or motions in limine, and raise problem areas in advance of cross-examination. Be sure the cross-examination moves as seamlessly as possible. All of this increases the chances of winning at trial. Failing that, it makes for a good appellate record. X. The Tenth Commandment: You Shall Know The Judge. Not all judges are created equal. Some know the rules of evidence, but some do not. Some are courteous and patient, and some are not. Some will impose restrictions on cross-examination; some will not. Before trying a case to an unfamiliar judge, find out about that judge. Better yet, if there is time, observe the judge during a jury trial. Talk to attorneys who have tried cases in front of the particular judge, and otherwise gather information from every conceivable source, seeking out detail. Find out how the judge enforces the rules of evidence, how documents can be used during cross-examination, whether there are time restrictions, where counsel must stand during cross-examination, whether the judge requires the witness to answer specific questions with no elaboration, how documents are used with the witness, and so forth. Knowing the peccadilloes of a particular judge will provide a measure of comfort, allowing counsel to focus on important substantive issues. If one’s cross-examination is disrupted by a judge who is critical of perceived infractions, the pace and content of the cross-examination will be disrupted.  For defense lawyers, this is a lesson that must be learned early in trial since cross-examination is one of the more immediate events. III CONCLUSION Reverting to lessons learned at the outset: Practice. Practice. Practice. Keep these commandments in mind until they become second nature. Once comfortable with the technique of cross-examination, it is easier to relax. Counsel will appear more confident, and the jury will sense this confidence. Such confidence will make counsel more effective in every phase of the trial and increase the chances of winning the case which, after all, is the reason for this business.

Deed of Release of Share in a Flat in Co-operative Housing Society THIS DEED OF RELEASE made at ____________ on this      day of __________ in the Christian Year Two Thousand _______  BETWEEN ABC  of _______________,  Indian Inhabitant, having address at _________________________________________________, hereinafter referred to as “ THE RELEASER ” (Which expression shall unless it be repugnant to the context or meaning thereof be deemed to  mean and include his heirs, executors and administrators) of the ONE PART ; And XYZ also of ______________, Indian Inhabitant, having address at _____________________________________________________________ hereinafter referred to as “ THE RELEASEE ” (Which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors, administrators and Assigns) of the OTHER PART ; W H E R E A S: (a) The Releaser and the Releasee are the co-owners and seized and possessed of or otherwise well and sufficiently entitled to Flat bearing No. _____ admeasuring ________ sq. ft. of carpet area on the ______ floor of the building known as “MKD APARTMENT” belonging to MKD Co-operative Housing Society Ltd., situated at __________________________________ (hereinafter referred to as “ the said Flat ”). (b) The Releaser and the Releasee are also the Joint registered members and shareholders of “MKD Co-operative Housing Society Ltd.” a society registered under the Maharashtra Co-operative Societies Act under Registration No. ____________ (hereinafter referred to as “the said society” ) and as such members are the registered holders of 5 (five) shares of face value of Rs. 50/- (Rupees fifty) each, of the aggregate value of Rs. 250/- (Rupees two hundred fifty only) bearing distinctive Nos. ______ to _________ issued by the said society (hereinafter referred to as “the said shares” ) and bearing Share Certificate No. _________ of the said society relating to the ownership of the said Flat. The said Flat and the said Shares are more particularly described in the Schedule hereunder written and are hereinafter collectively referred to as “the said premises” . (c) The said flat was jointly purchased by the Releaser and the Releasee from the builders M/s. ____________________ under the Agreement dated _____________. They have paid the full consideration to the said Builders and complied with all their obligations under the aforesaid agreement and since then they are in lawful occupation of the said flat as absolute owners and joint holders thereof holding the same as tenants-in-common thereof. All the flat Purchasers of the said “MKD APARTMENT” have collectively formed the said society. (d) The Releaser and the Releasee are brothers and each have 50% undivided share in the said premises. (e) The Releaser is well established in life and not interested in the said premises and therefore desires to release his undivided (50%) one-half share, right, title and interest in the said premises without any monetary consideration in favour of  the Releasee and the Releasee has agreed to accept the said Release. 1. NOW THIS INDENTURE WITNESSETH that in consideration of the premises, the Releaser doth hereby  renounce and release his undivided  one-half share, right, title and interest in the said premises more particularly described in the Schedule  hereunder written and all the rights, benefits and privileges directly and/or indirectly attached to the said premises in favour of the Releasee absolutely to the intent and purpose that the Releaser’s one-half share in the said premises shall hereafter vest in and belong absolutely to the Releasee to the exclusion of the Releaser and all persons claiming under him. 2. The Releaser doth hereby covenant with the Releasee that he has  not done any acts, deeds or things, whereby he is prevented from releasing his one-half undivided  share in the said premises in favour of the Releasee. 3.       The Releaser shall and will from time to time and at all times hereinafter at the reasonable request and cost of the Releasee do execute all necessary instruments for effectively transferring the said premises in the exclusive name of the Releasee.  4. The Releaser confirms that now the Releasee alone is in possession of the said flat as the sole owner of the said properties and henceforth the said premises shall be the exclusive ownership of the Releasee. 5. The applicable stamp duty and registration charges on the present instrument of release shall be paid by the Releasee.  THE SCHEDULE ABOVE REFERRED TO: (Give detailed description of one-half undivided share of the Releaser in the subject Flat as also of the Shares and Share Certificate) IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands to this writing the day and the year first hereinabove written. SIGNED AND DELIVERED by the     ) Within Named “RELEASER”  ABC  )  in the presence of .........    ) SIGNED AND DELIVERED by the  ) Within Named “RELEASEE”          ) XYZ  in the presence of .........    ) Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)