Search Results

Deed of Gift of Moveable Property I, Mr ............. residing at ............ do hereby make a gift of the ornaments and jewellery specified in the schedule hereinunder written to my daughter Miss ............ in consideration of natural love and affection on the occasion of her marriage. SCHEDULE SIGNED DONOR Witnesses. 1............. 2............. Accepted DONEE Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

DEED OF GIFT OF MOVEABLE PROPERTY  I, Mr ............. residing at ............ do hereby make a gift of the ornaments and jewellery specified in the schedule hereinunder written to my daughter Miss ............ in consideration of natural love and affection on the occasion of her marriage.   SCHEDULE SIGNED DONOR    Witnesses.  1.............  2.............    Accepted  DONEE Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

EQUAL INSTALLMENT BOND I, SK, s/o Mr. JN, r/o . have borrowed a sum of Rs from Mr. RP s/o Mr. GR, r/o ... I hereby promise to pay the said sum in twelve equal installments of Rs..each by first week of every month along with interest @ 18% per annum. I hereby agree that in case of failure on my part of pay any one installment the whole amount along with interest shall become payable at once. Witnesses: 1. Name  Address. (Signature of  (SK) 2. Name. Address.. Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

EQUAL INSTALLMENT BOND I, SK, s/o Mr. JN, r/o . have borrowed a sum of Rsfrom Mr. RP s/o Mr. GR, r/o ... I hereby promise to pay the said sum in twelve equal instalments of Rs..each by first week of every month alongwith interest @ 18% per annum. I hereby agree that in case of failure on my part of pay any one instalment the whole amount alongwith interest shall become payable at once. Witnesses: 1.                  Name  Address. (Signature of  (SK) 2.                  Name. Address.. Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

An Instrument for Purchase of a Flat in Resale where Society or Limited Company or Condominium is yet to be formed DEED FOR SALE   THIS DEED OF SALE MADE AT ____________ this ________ day of ______________ 200___ BETWEEN (1) ABC and (2) XYZ, both of _________, Indian Inhabitants having their common address at _________________________________________________________________ _________________________, hereinafter collectively called “THE VENDORS”  (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include their respective heirs, executors and administrators) of the One Part ; and (1) DEF and (2) PQR, both of ________, Indian Inhabitants, having their common address at ____________________________________________, hereinafter collectively called  “THE PURCHASERS” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include their respective heirs, executors, administrators and assigns) of the Other Part:  WHEREAS:— (a) By an agreement for sale dated __________________ and made between M/s. Pinky Builders, therein and hereinafter referred as the “THE DEVELOPERS” of the One Part and the Vendors herein and therein referred to as the “THE PURCHASERS” of the other part, the said Developers agreed to sell and the Vendors agreed to purchase a Flat No. _____ of Built up area admeasuring _________ square feet on the 2nd floor of the building known as “AAVISHKAR” situate at __________ _______________________________________________ (hereinafter referred as “the said Flat” ) on the terms and conditions recorded therein. The said agreement for sale is duly stamped and registered as required in law and the same is in possession of the Vendors. The land on which the said building is constructed is more particularly described in the First Schedule hereunder written. The said flat is more particularly described in the second schedule  hereunder written. (b) The Vendors have complied with all their obligations under the said agreement for sale dated 10th May, 1999 with the said Developers and have also made payment of entire consideration to the said Developers and the said Developers have put the Vendors in vacant and peaceful possession of the said flat as owners thereof. (c) The Vendors are seized and possessed of or otherwise well and sufficiently entitled to the said flat. (d) The various Purchasers of the flats and other premises in the said building “AAVISHKAR” have yet to form the Co-operative Housing Society. (e) The Purchasers have agreed to purchase and acquire from the Vendors the said flat and all their right, title and interest therein, free from all encumbrances and reasonable doubts of whatsoever nature to which the Vendors have agreed upon the terms and conditions recorded hereinafter;   NOW THIS DEED WITNESSETH  and it is hereby agreed by and between the parties hereto as follows:— 1. The Vendors hereby sell, transfer, convey and assign, free from all claims and encumbrances whatsoever, all and singular their ownership right, title and interest in the said Flat No. ___ admeasuring ______ sq.ft., of Built up area on the 2nd floor of the building known as “AAVISHKAR” situate at ________________________________ and more particularly described in the First Schedule hereunder written together with all their rights and benefits under their agreement for sale dated ______________________ with the said Developers to the Purchasers at and for the lumpsum price of Rs. ______________/- (Rupees ________________ only) already paid in full on or before the execution of these presents (the payment and receipt whereof the Vendors do and each of them doth hereby admit, confirm and acknowledge). 2. It is agreed and recorded that upon execution hereof the sale of the said flat by the Vendors in favour of the Purchasers is completed and the Vendors have delivered vacant and peaceful possession of the said Flat to the Purchasers as owners thereof along with their said Original agreement for sale dated _______ _____________ with the said Developers.  3. The Vendors have at their cost obtained the Developers consent and No Objection Certificate for transfer of the said flat in favour of the Purchasers.  4. The Vendors declare, represent and covenant with the Purchasers that:— (a) The Vendors are the sole and absolute owners of the said flat and have the absolute and sole right to hold, use, occupy and possess the same as owners.  (b) The Vendors’ all rights and benefits under the said agreement for sale dated 10th May, 1999 in respect of the said flat shall hereafter belong to the Purchasers as if the said agreement was entered into by and between the said Developers and the Purchasers, in place of the Vendors as Purchasers. The said agreement for sale dated 10th May, 1999 is valid and subsisting and they have not assigned the benefit of the said agreement for sale to anybody else by way of security or otherwise. (c) That the said flat is free from all claims, encumbrances and reasonable doubts of any nature whatsoever and the same is not attached either before or after judgement or at the instance of any taxation authority or any other authorities and the Vendors have 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 flat and that the Vendors have full and absolute power and authority to deal with the same. That they have not created any mortgage, charge, lien, tenancy, license or any encumbrances or liability or third party rights in respect of the said flat and that they have not done any act whereby the rights in respect of the said flat have been prejudiced or jeopardized in any manner whatsoever.  (d) Save and except the Vendors no other person has or had any claim, share, right, title, interest in the same and the Vendors are competent and entitled to sell and transfer the same as provided in these presents. (e) The Purchasers shall hereafter be entitled to quietly and peacefully possess, occupy and enjoy the said flat without any hindrance, denial, interruption or eviction or claim by the Vendors and/or through under or in trust for them. Henceforth, the Vendors shall have no right, title, claim or interest of whatsoever nature in the said flat as the same is conveyed to the Purchasers. The various deposits and other amounts paid by the Vendors to the said Developers under the said agreement for sale dated ____ ___________ shall also hereby stand transferred in favour of the Purchasers as the lumpsum consideration is inclusive of the same and the Vendors shall not be entitled to receive back the said amount from the said Developers. The Purchasers shall be entitled to become members of the proposed society which shall be formed by the Purchasers of premises in the said building “AAVISHKAR” in place of the Vendors. 4. The Vendors have paid all the dues and outgoings in respect of the said flat till the date hereof and thereafter the Purchasers shall be liable to pay the same. 5. The Vendors shall hereinafter as and when required by the Purchasers at the cost of the Purchasers sign and execute in favour of the Purchasers all such further and other documents as may be required for effective and complete transfer of the said flat in favour of the Purchasers. 6. The Vendors have represented and assured to the Purchasers that their title to the said flat is free from all encumbrances and claims of whatsoever nature. In the event it is found that Vendors title to the said flat is defective or any claim is made on the said flat or Purchasers have suffered any loss or damages by the statements, declarations, representations and assurances made by the Vendors or any claim whether directly or indirectly is made on the said flat in that case Vendors agree to indemnify the Purchasers and hereby indemnifies the Purchasers, their nominees and their successors in title to the said flat against all loss, damages, cost and expenses which may be suffered by the Purchasers/their nominees/their successors in title on account of above and the Vendors shall reimburse the Purchasers and/or their nominees and/or successors in title for the same on their making demand to that effect.  7. The Stamp duty and registration charges on this instrument shall be borne and paid by the Purchasers alone. The Transfer charges payable to the said Developers are paid by the Vendors. THE FIRST SCHEDULE ABOVE REFERRED TO: (Give detailed description of the land on  which subject building is completed) THE SECOND SCHEDULE ABOVE REFERRED TO: (Give detailed description of the subject flat) IN WITNESS WHEREOF the Vendors and the Purchasers have set and subscribed their respective hands, the day and year first hereinabove written. SIGNED AND DELIVERED by ) the within Named (1) ABC ) and (2) XYZ, THE VENDORS ) above Named, in the presence of .... ) SIGNED AND DELIVERED by ) the within Named (1) DEF and (2) PQR, ) THE PURCHASERS above Named,  ) in the presence of ————————  ) RECEIPT Received the day and year first hereinabove written of and from the within Named Purchasers the sum of Rs.______________/- (Rupees __________________________________ only) being the full and final consideration amount as under: Rs___________/- (Rupees ____________________) WE SAY RECEIVED (ABC)   (XYZ)   THE VENDORS Witness: 1. 2. Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-)

DEED OF LEASE  FOR A TERM IN PERPETUITY   Download Word Document In English. (Rs.60/-) THIS DEED OF LEASE is made at ... this ... day of... between Mr. A of ... hereinafter called 'the Lessor' of the One Part AND Mr. B of... hereinafter called 'the Lessee' of the Other Part    WHEREAS the Lessor is absolutely seized and possessed of or otherwise well and sufficiently entitled to a large piece of land situate at... and described In the Schedule hereunder written.    AND WHEREAS the Lessee has approached the Lessor and requested him to grant to him a lease of the said land in perpetuity as he wants to develop the same by constructing Industrial sheds thereon and establish an Industrial Estate.    AND WHEREAS the Lessor has agreed to grant to the Lessee a lease in respect of the said land for a term in perpetuity in the manner hereinafter appearing.    NOW THIS DEED WITNESSETH AS FOLLOWS:   1.                  In pursuance of the said agreement and in consideration of the rent hereby reserved and of the terms and conditions, covenants and agreements herein contained and on the part of the Lessee to be observed and performed the Lessor doth hereby demise unto the Lessee all that the said piece of land situate at ... In the Registration Sub - District of ... and District of ... and described in the schedule hereunder written (hereinafter for the sake of brevity referred to as 'the demised Land') to hold the demised land unto the Lessee and his heirs, executors, administrators and assigns for a term in perpetuity commencing from the 1st day of... but subject to the earlier determination of this demise as hereinafter provided and yielding and paying therefor during the said term the yearly ground rent of Rs. ... free and clear of all deductions and strictly in advance on or before the 5th day of each and every calendar year, the first of such yearly ground rent shall be paid on the 5th day of the month of ... and the subsequent rent to be paid on or before the 5th day of that month in each and every succeeding year regularly.   2.                  The Lessee hereby for himself, his heirs, executors, administrators and assigns and to the intent that the obligations herein contained shall continue throughout the term hereby created covenants with the Lessor as follows :-   (a)               To pay the ground lease rent hereby reserved on the days and in the manner aforesaid clear of all deductions. If the Lease rent is not paid on the due dates, the Lessee shall pay interest thereon at the rate of ... % per annum from the due date till payment, though the payment of interest shall not entitle the Lessee to make default in payment of rent on due dates or dis-entitle the Lessor to exercise his other rights under these Presents or in law.   (b)               To bear, pay and discharge the existing and future rates, taxes, and assessment duties, cess, impositions, outgoing and burdens whatsoever which may at any time or from time to tune during the term hereby created be imposed or charged upon the demised land and the buildings or structures that may be standing thereon and hereafter to be erected and for the time being standing on the demised land and payable either by the owners. occupiers or tenants thereof and to keep the Lessor and his estate and effects indemnified against all such payments.   (c)               To keep the buildings and structures on the demised land in good and tenantable repairs In the same way as the Lessor would be liable to do under the law as the owner of the demised land and the buildings and structures thereon.   (d)               Not to sell or dispose of any earth, gravel or sand from the demised land and not to excavate the same except so far as may be necessary for the execution of construction work of any building or structures.   (e)               To use or permit to be used the said land and the buildings and structures to be constructed thereon for industrial purposes only as may be permitted by the authorities from time to time.   3.                  The Lessee will be at liberty to prepare a layout of the said demised land and divide the same Into separate industrial plots, with the sanction of the local authority concerned and to construct Industrial sheds thereon suitable for carrying on small scale industries. The Lessee shall also be at liberty to sub-demise the said plots or any one of more of them and/or the sheds constructed thereon on such terms as the Lessee may think fit provided that such subleases shall not be for a period of more than... years at a time and they shall be subject to the terms, covenants and conditions of this demise. All such sheds shall be in accordance with the plans sanctioned by the Municipal or any other local authority competent to do so. 4.                  The Lessee will be entitled to assign this lease in respect of the said demised land or any part or parts thereof with the previous consent of the Lessor In writing and which consent may be granted by the Lessor on such terms as he may think fit including the term of paying premium for each assignment, If It Is allowed by law, but such consent shall not be unnecessarily or unreasonably withheld.    5.                  The Lessor doth hereby covenant with the Lessee that    (a)               the Lessor now has in himself good right, full power and absolute authority to demise unto the Lessee the demised land in the manner herein appearing;  (b)               that on the Lessee, paying the said yearly ground rent on the due dates thereof and in the manner herein provided and observing and performing the covenants, conditions and stipulations herein contained and on his part to be observed and performed, shall and may peaceably and quietly hold, possess and enjoy the demised land together with the buildings and structures standing thereon during the term hereby created without any eviction, Interruption, disturbance, claim and demand whatsoever by the Lessor or any person or persons lawfully or equitably claiming by, from. under or In trust for him.    6. It is hereby agreed and declared that these presents are on the express condition that if the said yearly ground lease rent or any part thereof payable in the manner hereinbefore mentioned shall be In arrears for the space of three months after the same shall have become due and payable on any of the said days wherein the same ought to be paid as aforesaid whether the same shall or shall not he legally demanded or if any of the covenants and stipulations herein contained and on the part of the Lessee to be observed and performed shall not be so observed and performed by the Lessee or any person claiming under him or If the Lessee shall raise an objection to the amount of the yearly ground lease rent hereby fixed for any reason whatsoever then and in such an event It shall be lawful for the Lessor or any person claiming under him or any person or persons duly authorised by him In that behalf at any time hereafter to enter Into and upon the land and premises and the buildings and structures to be constructed thereon or any part or parts thereof In the name of the whole and the same to have. possess and enjoy and thereupon this demise shall absolutely determine but without prejudice to the right of action of the Lessor In respect of any breach of Any of the covenants by the Lessee herein contained PROVIDED ALWAYS that no re-entry shall be made under the foregoing power for breach of the covenants and stipulations herein contained and on the part of the Lessee to be observed and performed (save and except t c covenant for payment of rent) unless and until the Lessor shall have given to the Lessee a notice in writing specifying the covenants and conditions or stipulations which require to be complied with or carried out and the Lessee shall have failed to comply with or carry out the same within one month from the date of the receipt of such notice. 7. AND IT IS HEREBY EXPRESSLY AGREED AND DECLARED BETWEEN THE PARTIES AS FOLLOWS:-    (a)               On the determination of this deed and the demise granted under the provisions hereof all the buildings and structures standing on the demised land shall be removed or caused to be removed by the Lessee, his heirs, executors, administrators and assigns or subleases within three months from the date of such determination failing which those which will not be so removed shall automatically stand forfeited to the Lessor without payment of any compensation therefor by the Lessor to the Lessee or to his assigns or subleases.  (b)               The personal liability of the Lessee to pay the yearly lease rent will be absolute and will not be affected by the Lessee granting by sub-demise any portion of the demised land or any shed or structure thereon and notwithstanding the consent given to sub-lease or to the assignment of the demised land or any portion thereof. the said liability will continue unabated.  (c)               That at any time or times during subsistence of this demise the Lessee shall have the option to purchase the reversion In respect of the demised land or any part or parts thereof on the payment to the Lessor of the market price therefor then prevailing and the Lessor shall in respect of the demised land or any portion therefor so purchased, execute a deed or conveyance and/or conveyances In respect thereof in favour of the Lessee and/or his nominee or nominees and that at the time of execution of each such conveyance the Lessor shall make out a marketable title in respect of the portion so to be purchased. Provided further that. the stamp and registration charges In respect of such conveyance shall be borne and paid by the Lessee alone. Provided further that, in the event of purchase of the reversion in respect of any portion of the demised premises the rent hereby agreed to be paid shall be proportionately reduced. In the event of any disagreement between the Lessor and Lessee regarding the market price of the demised land or any portion thereof the same shall be decided by arbitration of two arbitrators one to be appointed by each party and the arbitration will be governed by the Arbitration Act, 1940.   IN WITNESS WHEREOF the Lessor and the Lessee have put their respective hands on the original and duplicate thereof the day and year first hereinabove written.   THE SCHEDULE ABOVE REFERRED TO    Signed and delivered by the withinnamed Lessor Mr... in the presence of ...  Signed and delivered by the withinnamed Lessee Mr... in the presence of ...

REGARDING ISSUE OF DUPLICATE LICENCE FOR EXPORT TRADE CONTROL.  BEFORE THE DEPUTY CHIEF CONTROLLER OF EXPORTS, DEPARTMENT OF SUPPLY, MINISTRY OF FOOD, NEW DELHI  Affidavit of Mr. NK, aged about ___ years S/o Mr. RK, R/o __________________________   I, the above named deponent solemnly affirm and state on oath as under.---  1. That the deponent is the partner of the firm NR & Co. and hence is fully conversant of the facts deposed below.  2. That the licence No. _____ dated _________, which was issued to the deponents Co. for export of iron goods, has actually been lost.  3. That the period of said licence has not yet been exhausted.   4. That the above licence was issued for export of total quantity of _______M.T.   5. That so far only _________ M.T. of Iron goods has been exported.   6. That because of the loss of original copy of the Licence the deponent requires a duplicate copy to cover the quantity.   7. that the deponent will return the original Licence to the Licencing authority as and when found for cancellation and shall not make any misuse of the same.  Deponent. VERIFICATION  I, NK, the above named deponent do hereby verify that the contents of this affidavit from para 1 to 7 are true to the best of my knowledge and belief. Nothing material has been concealed.  Dated Deponent Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

Requisitions on the Vendors Title to the Property Download Word Document In English. (Rs.50/-) Download PDF Document In Hindi. (Rs.50/-) Re.: Sale of Property known as ____________________ ____situate at  (Give detailed description of the property) _____________________Vendors To, _________________Purchasers PREFATORY NOTE: The following requisitions are made on the title as appearing from the documents and title deeds produced by the Vendors and searches so far taken. They are made without prejudice to the Purchasers right to make any other or further requisitions, whether arising from the documents already produced or otherwise, or from inspection of any deeds, papers or judicial proceedings not up to now produced or from searches that may hereafter be taken at the Sub-Registry, Courts, Collector’s and other Government Offices or elsewhere, or from answers to these requisitions, and the right to withdraw or amend or to make such further or other or additional requisitions is hereby expressly reserved. PURCHASERS’ REQUISITIONS ON VENDOR’S TITLE TO THE PROPERTY  ( NOTE: First formulate special requisitions on title to the property) 1. (a) Produce the following documents for our inspection :— (b) State why the said documents were not produced to us for inspection along with other title deeds. (c) State with whom the said documents are at present giving full names and addresses of the persons in whose possession the said original title deeds are at present. (d) State the reason why the said documents are in possession of persons other than the Vendors. (e) Whether earlier title deeds of consideration over Rs. 100 reduced to writing are duly stamped and registered or not (If not, how the Vendor proposes to rectify such defect). 2. Give the list of original documents as also certified copies which will be handed over to the purchasers on completion of sale. 3. Specify the documents (being common to the property agreed to be sold and other property, if any, of the Vendors) in respect of which the Vendors will enter into usual covenants with the Purchasers for safe custody, production, furnishing of copies or abstracts, or extracts, etc. 4. (a) What is the tenure of land agreed to be sold? Whether the property is transferable and heritable.   (b) What are the rights and privileges as also the liabilities and obligations of the said tenure. 5. (a) Is the property agreed to be sold fenced by boundary walls, fences and hedges and/or otherwise? (b) State to whom such Boundary walls, fences or hedges belong.   (c) If such walls, fences or hedges are owned or held by the Vendors jointly with the neighboring Owners, please give particulars of the terms and conditions on which the same are jointly owned or held, specifically mentioning the terms regarding repair, maintenance and ownership thereof. Adduce evidence in support of your answer, producing any agreement or writing in that behalf. 6. State whether the rent payable under the Indenture of Lease dated ________ day of _________ has been paid up to date. If it has been so paid, please produce the receipt in respect of the last payment. 7. State whether all the terms and conditions and the covenants to be observed and performed by the Lessee contained in the said Indenture of Lease have been duly observed and performed up-to-date. 8. State whether the terms of the Agreement relating to the Right of Way dated _______ have been duly observed and performed up-to-date. 9. State whether terms and conditions and the covenants of the License and/or Deed of Covenant dated __________ have been duly observed and performed. 10. State whether the said Indenture of Lease/License is still valid subsisting and in force. 11. Please state whether anybody interested in the property agreed to be sold has died. (a) If so, please state where and when such person died and produce his/her official Certificate of death. (b) Please state whether such person died intestate or leaving a Will. If such person left a Will, please state who are its executors and whether they have obtained Probate thereof. If such person died intestate, have Letters of Administration to the estate of the deceased been obtained. If legal representation to the estate of the deceased has not been obtained, state the reason therefore. In absence thereof there is defect in title. State how the Vendor proposes to cure the defect. 12. In what capacity are the Vendors selling the property agreed to be sold? 13. Are the Vendors members of a Joint and Undivided Hindu Family? If so, they are required to furnish the following particulars:- (a) State the names of all persons who are, or have been members of the joint and undivided Hindu family (including females) by way of pedigree, giving their respective ages, and stating who are majors and who are minors at the present date. In case of female members, please give their respective relationship with the Vendors. (b) Have the Vendors any brothers, uncles, sons or other relatives living with them? If the Vendors claim that they are not joint with any such relative, state the grounds of such claim. (c) Has any member of the Joint and undivided Hindu family died on or before the 14th April 1937 and 17th June 1956 leaving a widow? If so, state the names of such deceased members and his widow. (d) Did any member of the joint and undivided Hindu family professing Hindu, Buddhist, Jain or Sikh religion marry under the Special Marriage Act, III of 1872 as amended by Act XXI of 1923? If so, when and what was the share given to him out of the Joint and Undivided Hindu family properties? Produce relevant documents in support of the reply. (e) Has any member of joint and undivided Hindu family ever separated either by operation of law, or by agreement, or under a decree of a Court, or otherwise? If so, please give full particulars and produce relevant documents. (f) If the wife of any male member of the Joint and Undivided Hindu Family, or the widow of a deceased co-parcener, enceinte? (g) Did any adoption take place in the joint and undivided Hindu Family, or is any contemplated? If so, when and by whom? (h) Is there any valid legal necessity for or benefit to the Joint and Undivided Hindu Family estate in selling the property? If so, state in detail how the necessity arose or the nature of the benefit to the estate and satisfy the purchasers that the alienation is proper and legal. (i) Are there any widows or other female members of the said joint and Undivided Hindu Family who are in any way entitled to maintenance or marriage expenses or other right. If so, give full particulars and state how the Vendors propose to get the property released from their claims? Will they join in the Deed of Conveyance or Assignment? (j) Will all the adult members of the Joint and Undivided Hindu Family join the Deed of Conveyance or Assignment of the property in favor of the Purchasers? (k) Confirm that, in the event of there being minors, the Vendors will obtain or cause to be obtained from a Court of Competent jurisdiction an order appointing someone legal guardian of the Minors’ interest in the property agreed to be sold with authority to execute the Deed of Conveyance or Assignment or other necessary documents on behalf of the minors. (l) The Purchasers will require a Declaration to be made by the Vendors, jointly with some independent responsible and respectable person fully acquainted with the family of the Vendors for a considerable number of years, setting out the constitution of the family of which the Vendors are members at different material dates. The said Declaration should also clearly state how the necessity for the sale of the property by the Vendors has arisen and the nature of the benefit to the joint and undivided Hindu Family estate by such sale and how the proposed alienation is proper and legal. 14. If the Vendors claim that they are not members of a joint and undivided Hindu Family or co-parceners and that the property agreed to be sold was purchased by them out of their self acquired moneys, they are required to produce satisfactory evidence in support of that claim. 15. State if there are any dependents of the Vendors according to Hindu Law interested in the property agreed to be sold. 16. State the source of the money with which the property agreed to be sold was purchased by the Vendors. 17. Whether the Vendor is competent and/or authorised to transfer the property. 18. Are the Vendors aware of any other person or persons interested or claiming or having claimed to be interested in the property in any way, and, if so, in what capacity? What is the nature and extent of his or their interest and in what capacity? 19. If the Vendor is a limited company, state:— (a) Whether proper resolutions are passed for sale of the property and the persons executing the document have valid authority to do so.  (b) Whether any winding up petition against the Company are pending, if yes, whether the sanction of the Court will be obtained. 20. If the vendor is a partnership firm, state:— (a) The names and addresses of all the partners. (b) Whether the partnership is registered with The Registrar of Firms. If yes, the true copy of the extract of the records of the Registrar of firms be forwarded. (c) Whether any partners after purchase of the property have retired from the partnership? If yes, furnish copies of proper release in favor of the continuing partners. 21. Is the property or any part thereof included either in any intended but not published schemes or in published schemes of the Government, Municipality or any other public body? 22. State whether the owners of the adjoining plots have erected any buildings or structures close to or adjoining the boundary thereby obstructing the light and or air passing to the property agreed to be sold. 23. (a) Does there exist any agreement or arrangement with the Municipal Corporation, the Government or any of the adjoining owners or any other person whosoever, whereby:— (i) The beneficial enjoyment of the property is liable to be terminated, extinguished or curtailed. (ii) any sum of money has become payable out of the property or by the owner thereof for the time being; or (iii) The property or any part thereof is liable to be pulled down or removed? (c) If there is any such agreement or arrangement, please give particulars thereof and produce the originals of the same. 24. Have the Vendors or their predecessors-in-title entered into or executed any arrangement or writing for the benefit of the Government, the Municipality or any public or private body or corporation affecting property or any interest therein. If so, please give particulars and furnish the Purchasers’ Solicitors/Advocates with the original documents in respect thereof. 25. (a) Has there been any encroachment on the adjoining properties by the Vendors or their predecessors-in-title? If so, please give particulars. (b) Has there been any encroachment made on the subject property by occupants of the adjoining properties? If so, please give particulars. 26. (a) Is there any claim against the property for (i) right of way (ii) right of occupation (iii) right of maintenance (iv) right of residence or (v) right of easement? (b) Is there any restrictive covenant affecting the property? If there be any such rights, claims or covenants, please give full particulars thereof with the names and addresses of parties putting forward or having such rights or claims and furnish the Purchasers Solicitors/Advocates with agreements entered into in that behalf. 27. Is the property or any portion thereof lying vacant? 28. State whether the Vendors have at any time before this entered into any agreement of sale, mortgage or lease of the property or any part thereof. If so, with what result? Is any lease subsisting? 29. Furnish an up-to-date and complete description of the property agreed to be sold with its correct Identity, Survey, C.T.S. and Municipal Ward and Street numbers and present boundaries, and identify the same with proper demarcations on a plan of the entire property of the Vendors. 30. Furnish the Purchasers’ Solicitors/Advocates with a certified copy of the extract from the City Survey Register or, the Record of Rights in respect of the property agreed to be sold. 31. Give full particulars of the rates, taxes, assessments and other outgoings payable in respect of the property agreed to be sold and produce the latest paid up bills and receipts in respect thereof. 32. Any part of the property within the regular line or setback or set forward lines or in any Development or Town Planning Scheme? 33. Are there any claims or charges whatsoever either for contribution, compensation, betterment, road-making or repairs or otherwise outstanding and payable to Government or any Local Body or Private Body, authority or person in respect of the property agreed to be sold? If so, please give full particulars. 34. Has any notice been so far issued or served upon the Vendors for acquisition, requisition, repair or otherwise for any purpose whatsoever in respect of the property agreed to be sold either by the Collector or the Municipality or any other authority? If any such notice has been issued or served, give particulars thereof and state whether the same has been complied with or not. 35. Is there any claim adversely affecting the property agreed to be sold? 36. Is the property at present the subject matter of any suit, writ of execution or other legal or other proceedings or subject to any attachment or process of Courts? If so, please give particulars. Please also give full particulars of all previous litigations, if any, pertaining to property. 37. State whether any drain, sewer, cable, water pipe or gas pipe of any adjoining property passes through or under the property agreed to be sold and if so, under what right? 38. State whether any drains, sewer, cable, water pipe or gas pipe of the property agreed to be sold passes through or under any adjoining property or properties, and, if so, under what right? 39. Is the property subject to any nuisance? If it is, please specify the nature of the nuisance. 40. Have the Vendors or their predecessors-in-title been surety for any person or produced the deeds relating to the property under sale to justify or for any purpose whatever? If so, does the surety ship still subsist or has it been discharged? 41. Are there any easements, quasi easements, restrictive covenants rights or water-courses or other rights or servitudes affecting the property? If there are, the Vendors are required to give full particulars. 42. Are there any ways, passages, rights of way, easements or privileges in common with any other property? If there are, please specify them. 43. Are the Vendors aware of any mortgage charge, encumbrance, lien, lispendens judgment, government debts, annuity, lease, trust, any secret trust or any deed or document, act or omission affecting the property under sale? If so, please give full particulars. 44. Are the Vendors aware of any circumstances other than those disclosed by the title deeds produced, which can or may operate to prevent the Vendors from conveying the property free from all claims, demands and encumbrances? If so, please disclose them. 45. Is there any mosque established or any Hindu Idol installed in any part of the property agreed to be sold? If there is, please give full particulars. 46. Is there any deed with the neighboring owners restricting the full enjoyment or the acquisition of easements? 47. Is the property subject to a right of preemption? 48. Is the property subject to a lien for dower? Is such a dower a charge over the property? 49. (a) Who are in possession of the property under sale or any part thereof as tenants? (b) What rents do they pay? (c) Is the rent being paid standard rent? (d) Who is collecting the rent? (e) Are the tenants monthly tenants? (f) Is there any person residing in the property or any part thereof free of rent? (g) Has any person got a charge for residence in the property or any part thereof under any deed or writing whatever? (h) Are there any persons other than the tenants occupying the property or any part thereof and whether they hold under a lease? Please give particulars. 50. Is any room or portion of the property dedicated orally or in writing to religious or charitable uses or used as a place of worship by the members of the Vendors family or the public? 51. Has any person a charge for maintenance on this property by virtue of any deed or writing or otherwise? 52. Is there any charge under Section 55(6)(b) of the Transfer of Property Act, 1882? 53. Is there any impediment against increasing the height of the building? 54. Have any persons now or formerly entitled to the said property been insolvent or taken the benefit of Insolvency Act? If so, please give particulars and state whether and when they were discharged. 55. Are the Vendors permanent residents of India ? 56. Have the Vendors discharged all the liabilities with regard to Income-Tax, Wealth-tax and other taxes? 57. As regards payments of Income-tax: (a) Has any attachment under any provisions of the Income Tax Act, 1961 been levied upon the property agreed to be sold for any amount that may be due from the Vendors? (b) Have the Vendors been prohibited from transferring the properties under the payment of taxes (Transfer of Property) Act XXII of 1949? 58. Produce the consent of the Lesser as required by Clause ______ of the said Indenture of Lease dated the ________  ______ for assignment of the Property in favor of the Purchasers (Assignees). 59. Produce the sanction of the Charity Commissioner under the provisions of the Bombay Public Trust Act, 1950. 60. State whether the permission of the Municipal Commissioner has been obtained under the provisions of the Bombay Municipal Corporation Act, 1882, for Sub-Division and layout of the property. 61. Produce the permission of the Collector under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948. 62. State whether the permission of the Collector has been obtained for non-agricultural user of the property under the provisions of the Maharashtra Land Revenue Code, 1966, or its earlier enactment viz . the Bombay Land Revenue Code, 1879. 63. Do the Vendors hold any other agricultural lands (besides the lands agreed to be sold) whether in _____________ or elsewhere in the State of Maharashtra on the 4th August 1959 and on the 26th January 1962 respectively? If so, please state the classes in which the said lands can be categorized under the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. 64. Have the Vendors received any notice under the said Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961? If so, please produce the same and state what action has been taken therein. 65. Please satisfy the Purchasers that it is competent for the Vendors to sell the lands agreed to be sold by them to the Purchasers under the Provisions of the said Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. 66. The Vendors are required to state whether the property agreed to be sold or any part thereof is in any manner affected by the provisions of the following Acts or any of them or the right of the Vendors to the property is in any manner prejudicially affected or restricted or as a result whereof the sale in favor of the Purchasers cannot be completed:— (i) Bombay Tenancy and Agricultural Lands Act, 1948; (ii) Salsette Estate (Land Revenue Exemption Abolition) Act, 1951; (iii) Bombay Khoti Abolition Act, 1949; (iv) Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961; (v) Bombay prevention of Fragmentation and Consolidation of Holdings Act. 67. Is the property agreed to be sold or any part thereof declared as waste land or has it been held to be appropriated Land under provisions of the Salsette Estate (Land Revenue Exemption Abolition) Act 1951. 68. Is the property agreed to be sold or any part thereof reserved for a public purpose under the Development Plan of Municipal Corporation? If it is, the Vendors must produce documentary evidence to show that the property has been released from such reservation. 69. Are there any covenants or conditions adversely affecting the rights/privileges and interest of the Purchasers so far as the quiet and peaceful possession and enjoyment of the property agreed to be sold to them is concerned? 70. Has the Mortgagor applied to any Finance Corporation, Bank or any Financing Agency or lending institution for obtaining any loan and, if so, what is the outcome or the present position of the same? 71. Has the Mortgagor ever been subjected to any form of statutory enquiry under the Industries Act, Companies Act or other enactments and, if so, whether the Mortgagor is now clear of such enquiries without a blemish? 72. Has any Financial Corporation, Bank or Financing Agency or lending institution granted or agreed to grant loan to the Mortgagor? If so, please give particular. 73. State whether necessary resolutions have been passed by the Mortgagor Company as required by the provisions of Section 293 (1) (d) of the Companies Act, 1956. If so, please produce certified copies thereof for inspection. If the Mortgagor Company has not passed the requisite resolutions then they are required to take necessary steps to pass the same after the drafts thereof are approved by the Mortgagees’ Solicitors/Advocates. 74. Please state whether the Board of Directors of the Mortgagor Company has passed the necessary resolution under Section 292 of the Companies Act. If so, please produce a certified copy thereof for inspection. If the requisite resolution has not been passed then necessary steps should be taken to pass the same after the drafts thereof are approved by the Mortgagees’ Solicitorors. Dated this ____________________ day of ______ 200__   ADVOCATES/SOLICITORSFOR THE PURCHASERS NOTE:- (a) The aforesaid requisitions are general in nature. (b) Make use of the requisitions which are appropriate and necessary. (c) Each case/transaction will require special requisitions depending on the facts and circumstances thereof as also depending upon the response to the public notices in news papers as also upon the outcome of various searches. (d) The requisition numbers 70 to 74 are in respect of the transaction of Mortgage.

Deed of Assignment of Business with Goodwill and Tenancy Rights THIS DEED OF ASSIGNMENT  made at ___________ this ____ day of ____________ 200__ Between M/S. SUPER PHARMA AND CHEMICALS, a Proprietary concern of ABC having address at _________________________________________________________________________ hereinafter called ‘The Assignor’  (which expression shall unless repugnant to the context or meaning thereof be deemed to include the said proprietary firm, the Proprietor and his legal heirs, executors and administrators) of the One Part; and XYZ CHEMICALS 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 for last _____ years has been carrying on business of ________________________________________________ in the name and style of “M/S. SUPER PHARMA AND CHEMICALS”  as the sole Proprietor thereof at __________________________________________________________, hereinafter called “ the said Premises” . (b) The Assignor is the lawful tenant of the said premises at the monthly rent of Rs. __________/-. (c) The Assignor is also possessed of plant, machinery, equipment, stock in trade etc. lying in the said premises and is running its activities and the business with all necessary licences from the said premises. (d) The Assignee is also in the similar business of _____________________________. (e) 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 “SUPER PHARMA AND CHEMICALS”  along with its assets, licences, permissions etc. including the said name along with its goodwill as incidental to the assignment of the said business as also with the benefit of monthly tenancy rights of the said premises for the consideration and upon the terms and conditions recorded herein. (f) The parties are desirous of recording the terms and conditions agreed upon 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 business of “SUPER PHARMA AND CHEMICALS” as a going concern with effect from _______________ (hereinafter referred to as ‘the Effective Date’ ) along with its business, goodwill, firm name, trade name, rights and assets listed below (hereinafter referred to as “the said business” ): (a) The tenancy rights in respect of the said premises situated at ____________________________________________ ______________ and which are more particularly described in the SCHEDULE  hereunder written and hereinafter referred to as ‘ the said Premises’  together with electric power connections including cable connections from Electricity Board and all other rights and benefits directly and/or indirectly attached to the said premises; (b) all fixed and loose plant and machinery and tools and all furniture (fixed or loose), fixtures, fittings, instruments/equipments, spare parts, dyes, and all connected accessories thereof.  (c) all current Assets of the said business; (d) the Assignor’s goodwill of the said business and the right to represent the Assignee as carrying on/continuing the business in succession to the Assignor’s said business; (e) the full benefits of all patents, trade marks designs, discoveries, inventions, secret processes, licences, approvals etc. thereof; (f) all policies of insurance in respect of assets and business; 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 are 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 favour 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 SUPER PHARMA AND CHEMICALS together with all its assets as aforesaid 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.  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. In consideration aforesaid the Assignor doth hereby transfer his tenancy rights, title and interest in the said premises more particularly described in the Schedule hereunder written to the Assignee for which the Landlords have given their consent. The Assignor has upon execution hereof handed over vacant and peaceful possession of the said premises to the Assignee. The Landlords have granted their consent to admit the Assignee as tenant of the said premises from the date hereof at the enhanced rent of Rs. _________/- per month. The Assignee shall be entitled to directly enter into a fresh tenancy agreement with the said Landlords, if necessary. 7. 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. 8. The Assignor declares and has represented to the Assignee that:- (a) the Assignor is the sole and absolute owner of the said business and entitled to the tenancy rights in respect of the said premises and has absolute and sole right to hold, use, occupy and possess the same. (b) the said tenancy rights, 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 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. 9. 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. 10. 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 Ordinance, 1996 or any other prevailing Arbitration law. The Arbitration shall be held in the city of ______________. 11. The Courts at ______________ alone shall have jurisdiction to try and entertain all disputes between the parties hereto. THE SCHEDULE ABOVE REFERRED TO (“The said premises”) IN WITNESS WHEREOF  the parties hereto have executed these presents and a duplicate thereof the day and year first hereinabove written. SIGNED AND DELIVERED by the ) Within named M/S. SUPER PHARMA ) AND CHEMICALS, through its ) Proprietor Mr. ABC ) in the presence of ……… ) 1. 2. THE COMMON SEAL of the within named ) Assignee X Y Z CHEMICALS LIMITED ) was hereunto affixed pursuant to the ) Resolution of it’s 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:- ( set out details of the payment) WE SAY RECEIVED M/S. SUPER PHARMA AND CHEMICALS   PROPRIETOR WITNESS: 1. 2. Download Word Document In English. (Rs.50/-) Download PDF Document In Hindi. (Rs.50/-)

Medical Jurisprudence: An Indian Law Perspective     Introduction:     "Medicolegal" is the term, which incorporates the basics of two sister professions i.e. Medicine and Law. Everybody talks about the law but few, aside from lawyers, judges and law teachers, have more than the vaguest notion of what constitutes law. The average layman often has about as much accurate information about the law as he has about medicine-or life on Venus. And, unfortunately, two professional groups suffer from more ignorance of law and medicine than is good for them:  lawyers, at least those who do not constantly deal with medical issues in their legal practice, know very little about the medical profession and its problems; physicians frequently comprehend too little about the law and how it affects them in the practice of their profession. Medico legal experts can provide a link between these two professions for their smooth & effective functioning in a scientific manner. The physician meets the law at every turn. He confronts it when, as the treating doctor, he is subpoenaed as a witness in a personal injury lawsuit; he meets it when his aid is sought as an expert in connection with a claim that another member of his profession has been negligent and when he is faced in his office or clinic by a narcotic addict, a man with a gunshot wound, or a young couple seeking a blood test. He is face-to-face with the law when he is required to render an aggravating array of governmental reports or to preserve physical evidence for the benefit of a law enforcement agency. The physician, in fact, finds a great deal of the law intensely irritating, often because he is not absolutely clear as to its purpose. The following subjects deal with all the above aspects of Law and medicine.  # Forensic Medicine  # Medical Jurisprudence  # Toxicology Medical jurisprudence is the application of medical science to legal problems. It is typically involved in cases concerning blood relationship, mental illness, injury, or death resulting from violence. Autopsy is often used to determine the cause of death, particularly in cases where foul play is suspected. Post-mortem examination can determine not only the immediate agent of death (e.g. gunshot wound, poison), but may also yield important contextual information, such as how long the person has been dead, which can help trace the killing. Forensic medicine has also become increasingly important in cases involving rape. Modern techniques use such specimens as semen, blood, and hair samples of the criminal found in the victim's bodies, which can be compared to the defendant's genetic makeup through a technique known as DNA fingerprinting; this technique may also be used to identify the body of a victim. The establishment of serious mental illness by a licensed psychologist can be used in demonstrating incompetence to stand trial, a technique which may be used in the insanity defense, albeit infrequently. Autopsy: Autopsy is the systematic examination of a cadaver for study or for determining the cause of death. Autopsy means "see for yourself". It is a special surgical operation, performed by specially trained physicians, on a dead body. Its purpose is to learn the truth about the person's health during life, and how the person really died. Autopsies, also known as necropsies, postmortems, or postmortem examinations, use many methodical procedures to determine the etiology and pathogenesis of diseases, for epidemiologic purposes, for establishment of genetic causes, and for family counsel. There are many advantages to getting an autopsy. Even when the law does not require it, there is always something interesting for the family to know. Post-mortems may be performed at the request of the authorities in cases of unexplained and suspicious death or where a physician did not attend death. In other circumstances post-mortem examination may be performed only with the consent of the deceased's family or with permission granted by the person himself before death. These examinations are more frequently being used for the acquiring of organs and tissues for transplantation. Valuable medical information can be learned from a post-mortem examination. Legionnaire's disease, for example, was discovered as a result of autopsies, and improved safety standards have resulted from the examination of the bodies of crash victims. The autopsy deals with the particular illness as evidenced in one individual and is more than simply a statistical average. Every autopsy is important to expose mistakes, to delimit new diseases and new patterns of disease, and to guide future studies. Morbidity and mortality statistics acquire accuracy and significance when based on careful autopsies. The autopsy procedure itself has changed very little during the 20th century. It is a detailed examination of a body and each of its part, not only superficially but also through various tests on tissue in labs. Its purpose is to learn the truth about the person's health during life, and how the person really died. Apparently, autopsies are being performed with decreasing frequently. Where earlier in the century as many as half of all bodies had autopsies performed, now only 5-10 percent of corpses undergo the procedure. Generally, an autopsy is only done when there is some cause of doubt as to the cause of death, although the family of the deceased can always request an autopsy even if the hospital doesn't think it necessary. The first step is a gross examination of the exterior for any abnormality or trauma and a careful description of the interior of the body and its organs. This is usually followed by further studies, including microscopic examination of cells and tissues. Then the pathologist proceeds to the dissection, which DNA Fingerprinting: DNA fingerprinting or DNA profiling or any of the several similar techniques for analyzing and comparing DNA from separate sources are used especially in law enforcement to identify suspects from hair, blood, semen, or other biological materials found at the scene of a violent crime. It depends on the fact that no two people, save identical twins, have exactly the same DNA sequence, and that although only limited segments of a person's DNA are scrutinized in the procedure, those segments will be statistically unique. The DNA samples of the culprit can be obtained from the scene of crime itself. For example  blood samples from a scene of murder or samples of seminal fluids deposited on the clothes or furniture or in the body of the victim of rape can be used to acquire a sample of the culprits DNA. These samples can be compared with those taken from a possible suspect in the case. DNA evidence, apart from its use in criminal law to determine the killer or the rapist, is also employed for various other purposes. Amongst its varied applications, Paternity testing, Personal identification (of a mutilated body or skeletal remains), study of the evolution of the human population and study of inherited diseases like Alzheimers disease etc. are included. The success rate in solving complex cases in Criminal Law has greatly increased after the discovery and use of DNA evidence technologies. The introduction of DNA evidence in the field of Criminal law has particularly facilitated convictions in the matters involving the offence of Rape. Prior to the use of DNA evidence, matters involving the offence of rape could be solved primarily by circumstantial evidence only. It was very difficult for the victim of rape to prove the offence in the absence of either circumstantial evidence or an eyewitness, which was very rare. Since, the introduction of the DNA evidence, this has been greatly simplified. First samples of the seminal fluids found at the scene of crime by the investigating officer are analysed. If this is not available, then samples of the seminal fluid are extracted from the victims body itself. The DNA from this sample is then compared with the DNA sample taken from the accused. If the report establishes that these samples match, then this acts as evidence in the court proving rape. As regards the offence of murder, DNA samples that are collected from the blood, mucous, saliva, skin, hair samples etc, found on the crime scene are employed to extract the DNA sample. This provides for a very effective technique to nail the culprit. DNA testing should be viewed against the fact that the growing citizen concern over crime is not merely about mounting statistics. It is also over the detectives' inability to solve many gruesome crimes. The question that is often asked is how far the police are equipped to handle investigations using modern science and technology, and how far does the current law of evidence in the country recognize evidence gathered from such tests. There is more than a trace of popular cynicism over police willingness to spurn third degree methods in favour of scientific investigation. It is mainly in this context that many critics  of police performance raise the issue of DNA profiling frequently. Apart from its use to nail the culprit, Post-conviction DNA Testing is also a very effective method to exonerate the innocent. The sophisticated technology makes it possible to obtain conclusive results in cases in which the previous testing had been inconclusive. Post-conviction testing will be requested not only in cases in which the DNA testing was never done but also in cases in which more refined technology may result in an indisputable answer. The remarkable feature of DNA is that individuals leave at least traces of it almost everywhere. A few of the everyday objects handled by us, such as pens, telephones, mugs and keys are some of the things that require attention from a crime investigator. A variety of offences such as murder, rape, armed robbery; extortion and drug trafficking yield themselves to the application of DNA collection and testing. According to a study by the National Institute of Justice (NIJ) of the United  States' Justice Department, there are many unusual sources of DNA evidence that need to be explored by an investigator. These include saliva found on the flap of an envelope containing a threat letter, spittle collected from the sidewalk where a suspect in a sexual assault case was under surveillance and blood collected from a bullet that had injured an assailant himself in a case of murder. Collection of samples at a scene of crime requires some skill and observance of basic rules of hygiene. There are two dangers here. One is that, as in the case of hand fingerprints, there is a distinct possibility of several persons having left their DNA behind in a scene of crime. The need, therefore, is to identify all visitors and collecting their samples also (apart from those of the victim/suspect). This assiduous process can try an officer's patience. Secondly, DNA samples are extremely susceptible to contamination. It is essential that the technicians collecting the sample adopt all precautions that a surgeon would while performing a critical surgery. Any slackness could render the entire operation wasteful and susceptible to easy picking of holes by the defense counsel during a trial. Benefits of Medical Jurisprudence: The introduction of medical jurisprudence has immensely benefited both the medical and the legal field of work. A better understanding and cooperation has resulted and has facilitated a smoother working of both disciplines. Previously unsolvable cases are now solved with ease with the development of the field of medical jurisprudence. It covers in its ambit the provision of evidence for a wide range and scope of cases. It can be used to determine the Paternity of a child and also be employed in determining the identity of human bodies, which have been mutilated beyond recognition in accidents like bomb blasts, factory explosions etc. In the field of Evidence Laws, it can be appropriated to solve cases involving murder, rape etc. Medical jurisprudence techniques like autopsy can also be employed to discover important facts vital to the case after the person has died. However, despite their vast benefits to the field of law, medical jurisprudential techniques are not treated as primary evidence till date. The present Indian Evidence Act continues to treat technical findings, such as the results of DNA tests, as expert evidence. This situation will continue till a legislation is drafted and enacted by the Parliament. Under section 45 of the Indian Evidence Act, 1872, it has been, inter alia, provided that, when the court has to form an opinion upon a point of science, or art, or as to identity of handwriting or finger impression, the opinions upon the point of persons specially skilled in science or art or any question as to identity of handwriting or finger impressions are relevant facts and such persons are called experts. The expression opinions upon a point of science of persons specially skilled in science is capable of application to all future advances in science which enable an expert opinion on a point.   Due to the heavy misuse and lack of knowledge of the courts as regards scientific evidence, they are hesitant in applying these techniques. In order to determine whether scientific evidence is admissible, the court may consider- (1) whether the principle or technique has been or can be reliably tested, (2) whether it has been subjected to peer review or publication, (3) its known or potential rate of error, (4) whether there are standards or organizations controlling the procedures of the technique, (5) whether it is generally accepted by the community, and (6) whether the technique was created or conducted independently of the litigation. The situation appears hearty only as regards autopsy reports, which have been given the status of documentary evidence under the Indian Evidence Act. The merit attached to them, however, remains subjective and varies from case to case. The complete benefit of these medical jurisprudential techniques can be enjoyed only by an enactment recognizing these techniques as primary evidence, giving it the credit it deserves.   Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-)

DEED OF GIFT OF GOODWILL OF BUSINESS  TRADE MARKS  BY A FATHER TO TWO SONS IN PARTNERSHIP   Download Word Document In English. (Rs.30/-) THIS DEED of gift is made the ........... day of ..... 2000, between A Son of B resident of ......... (hereinafter called "the Donor") of the ONE PART and C son of A and D son of A, resident of ......... (hereinafter called "the donees") of the OTHER PART.   WHEREAS the donor is carrying on the business of ....... at ...... under the name and style of M/s. .......... (hereinafter called "the Donor's business") and in connection therewith is the registered proprietor of the Trade Marks, the particulars of which are set out in the First Schedule hereunder written.  AND WHEREAS the donor is the inventor and patentee of the invention described in the Second Schedule hereunder written in respect of which the donor has been granted patent for the entire country by the office of Controller of Patents, New Delhi on ...... under No. ...... of ............   AND WHEREAS the donees are carrying on the business of .......(hereinafter palled "the partnership business") at ..... in partnership under the name and style of M/s. ....................   AND WHEREAS at the request of the donees, the donor has agreed to assign the goodwill of his business and the said trade marks to the donees and grant to them the licence hereinafter contained.   NOW THIS DEED WITNESSETH AS FOLLOWS:   1.                  In consideration of his natural love and affection' for the donees, the donor hereby transfers, assigns and conveys unto the donees all that the goodwill of the donor in his business and the Trade Marks specified in the First Schedule hereunder written and all rights and privileges incidental thereto to hold the same unto the donees absolutely as joint tenants as the property of the partnership business.    2.                  The donor, for the aforesaid consideration, hereby grants to the donees the licence to make use, exercise and the invention in all parts of the country during the remaining period of said licenced patent and any renewal of the said licence for a further term or terms, if the donee or their successors, heirs, administrators or representatives shall so long continue to carry an the partnership business, the donees shall be entitled to all the rights and privileges incidental to the licence granted for the said patent including to take in the name of the donor all necessary legal proceedings for effectually protecting or defending the same from infringement.   3. The estimated value of the property is Rs. ..  IN WITNESS WHEREOF, the parties have set their hands to this deed on the day and year first above written.  The First Schedule referred to (Particulars of the Trade Marks) The Second Schedule referred to (Particulars of patent).  Signed and delivered by the within named donor A   Signed and delivered by the within named donees C and D  WITNESSES; 1.  2.

DEED OF FAMILY SETTLEMENT BETWEEN RIVAL CLAIMANTS   Download Word Document In English. (Rs.50/-) Download PDF Document In Hindi. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) THIS DEED OF FAMILY SETTLEMENT is made at ....... this .......... day of ......... 2000, between A son of Shri.......... resident of .............. of the FIRST PART and Smt. B daughter of Shri ............. resident of ............... of the SECOND PART and Shri C son of ........ resident of ........ of the THIRD PART and Smt. D wife of ...... resident of ........... of the FOURTH PART.   WHEREAS E son of ............ resident of .......... died intestate.........on ......... leaving behind movable and immovable assets more particularly described in the Schedule hereunder written.   WHEREAS A claims the entire movable and immovable assets left by E claiming to be his only son and legal heir of the deceased, but the other parties deny that he is the only legal heir of the deceased.   WHEREAS Smt. B claims proportionate share and interest in movable and immovable assets left by E claiming to be the widow of the deceased, but the other parties hereto deny that she is widow and maintain that she was a concubine of the deceased.    WHEREAS C clams proportionate share and interest in movable and immovable properties left by E claiming to be the son of the deceased and Smt. B, but the other parties hereto deny that he is the son of E and maintains that he is the son of concubine Smt. B kept by the deceased and therefore he has no rights and interests in the assets left by the deceased.   WHEREAS D claims proportionate share and interest in movable and immovable assets left by E claiming to be an adopted daughter of the deceased, but the other parties hereto deny that she was ever adopted and assert that she being an orphan was given shelter in the house and employed as maid servant by the said deceased.   WHEREAS the parties have agreed to resolve their respective claims and disputes amicably without resorting to litigation to save the family from a possible disastrous litigation.   NOW THIS DEED WITNESSETH AND IT IS HEREBY AGREED AS FOLLOWS:   (1) That A shall retain possession of items No. 7, 8, 9 and 19 of the Schedule, as absolute and exclusive owner thereof and the other parties will have no claim on the said properties of the and hereby forego the same, if there was any.   (2) That Smt. B shall be delivered proprietary possession of items No. 4, 5 and 6 of the Schedule, which shall be deemed to belong to her, as from the date of these presents she shall be absolute owner thereof. Smt. B hereby renounces her claim in all other movable and immovable properties left by E. The other parties renounce all claims to the said items No. 4, 5 and 6.    (3) That C shall be delivered proprietary possession of items No. 1, 2, 3 and 10 of the Schedule and he shall be deemed to be the absolute owner thereof as from the date of death of E. The other parties renounce all claims to the said items No. 1,2,3 and 10.    (4) That Smt. D shall be delivered proprietary possession of items No. 12, 13, 14, 16, 17, 18 and 20 of the Schedule and she shall be deemed to be the absolute owner thereof as from the date of these presents. The other parties renounce all claims to the said items No. 12, 13, 14, 16, 17, 18 and 20.    (5) The parties include their respective heirs and successors.    (6) The expenses of and incidental to this deed and also of transfer of the shares to the respective parties shall come out of the estate of the deceased.    (7) The parties hereby declare that they have obtained independent legal advice and they are executing this deed with their own free will.    IN WITNESS WHEREOF, the parties hereto have set and subscribed their hands to this writing, the day and year first hereinabove written.   The Schedule above referred to  Particulars of movable and immovable property left by E    WITNESSES; 1. Sh. A 2. Smt. B   Sh. C    Smt. D