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- GENERAL POWER OF ATTORNEY
GENERAL POWER OF ATTORNEY Know all men by these presents that I......................... son of late ......................... resident of......................... Hereby execute this General Power of Attorney, make, appoint and nominate Shri......................... son of Shri.......................... r/o......................... as my true and lawful General Attorney and authorise him to do any of the lawful acts, deeds and things for me, in my name and on my behalf regarding my property having an area of......................... sq. yds., approx. part of Khasra No.......................... in......................... Whereas being unable to personally present before different authorities or any other concerned officer/officers and to perform certain things to facilitate the sale of my abovesaid property, I hereby authorise Shri......................... to do all or any of the following lawful acts, deeds and things in my name and on my behalf, that is to say: 1. To file any affidavit, indemnity bond, declaration,, or make any statement for getting any benefit in respect of the abovesaid property in any court or in any department. 2. To manage, control, supervise and conduct all the matters relating to the said property. 3. To appear in the office of the......................... Registration office and other concerned departments in connection with the said property, to sign on all the papers and follow up all the matters in this respect. 4. To apply for N. O. C. of the said property, to sign on the papers and get the permission on my behalf. 5. To enter into an agreement for the sale of the said property, to receive the sale consideration and give proper receipt thereof. 6. To execute a proper and regular sale deed in favour of the purchaser, to admit the sale consideration and to present the papers for registration before the sub-registrar on my behalf. 7. To do and execute all other things, deeds even which are not covered by the clauses as my said Attorney may think proper and expedient regarding the above said property. 8. To appoint further attorney and to engage pleader advocate for the performance of certain Acts in connection with the said property. 9. That this power of attorney is irrevocable. 10. To apply for water and electric connection, to sign on the relevant papers and perform all the duties in this respect on my behalf. 11. To construct or reconstruct the said property, to sign on the building plan, to get the plan sanctioned and perform all the duties on my behalf regarding the construction of the said property. 12. Generally the acts done by the attorney will be deemed to have been authentically done by me. I hereby undertake to ratify and confirm all acts, deeds and things lawfully done or caused to be done by my said Attorney regarding the said property shall be construed as acts, deeds and things done by myself as if I were personally present and the same shall be binding on me in all respects. In witness whereof I do hereby set my hands here unto these presents on this ......................... day of......................... in the presence of the following witnesses: Witnesses: 1.......................... Executant 2.......................... Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- DEED OF SURRENDER OF THE WHOLE PROPERTY
DEED OF SURRENDER OF THE WHOLE PROPERTY THIS DEED OF SURRENDER is made at ............ this ......... ... day of ............, 2000, between Mr. A of ............ hereinafter referred to as the Lessee of the One Part and Mr. B of ............ hereinafter referred to as the 'Lessor' of the Other Part, WHEREAS by a Deed of Lease dated the ...day of ......... made between the said Lessor of the one part and Mr. X therein referred to as the 'Lessee' of the other part, the lessor demised unto the said Mr. X all that piece of land situate at ......... and more particularly described in the Schedule thereunder written being the same as described in the Schedule hereunder written for a period of 99 years at the monthly rent of Rs........ and on the covenant, terms and conditions mentioned therein and which deed of lease has been registered at the office of the Sub- Registrar at ............ under S. No ............. of .......... In Book No. 1 on the day of ............ AND WHEREAS the said land was so demised to enable the said Mr. X to set up an Industrial Factory thereon for manufacturing. AND WHEREAS the said Mr. X put up factory on the said land and was running the same for some time and thereafter sold the same AND WHEREAS by virtue of the several mesne assignments of the said lease and the leasehold premises, the leasehold Interest in the said land has now become vested in the. Lessee being the Party hereto of the First Part. AND WHEREAS the Lessee having been unable to run the said factory, has closed the same and sold and removed all the machinery articles and things lying therein. AND WHEREAS the Lessee does not now require the said land and has offered to surrender the lease to the Lessor provided the Lessor pays to the Lessee the depreciated costs of the said factory building on the demised land fixed at Rs ............. and which offer the lessor has accepted. NOW THIS DEED WITHNESS ETH that pursuant to the said agreement and for the reasons hereinbefore recited and in consideration of the said sum of Rs ............. paid by the Lessor to the Lessee on the execution of these presents as the present cost of the factory building (receipt whereof the Lessee doth hereby admit) the Lessee as the beneficial owner doth hereby assign by way of surrender of the said lease the said leasehold land with the factory building thereon and more particularly described in, the Schedule here under written unto and to the use of the Lessor with the Intent and purpose that the remaining period of the term of the 99 years granted by the said Deed of Lease in respect of the said piece of land shall cease and come to an end and become merged and be extinguished in the reversion immediately expectant thereon In favour of the Lessor and the Lessee's Interest thereon shall revert back to the Lessor so that the Lessor shall hereafter hold the said land and a structure thereon described In the Schedule hereunder written as full owner and free from the said lease and from all liability, claims or demands in respect of all breaches, if any, of the covenants contained In the said lease or otherwise arising thereunder And the Lessee hereby covenants with the Lessor that the Lessee has not done any act, deed or thing whereby or by means whereof he is in any way prevented from surrendering the said land with the structure thereon to the Lessor in manner aforesaid. IN WITNESS WHEREOF the Lessee has put his hand the day and year first hereinabove written. THE SCHEDULE ABOVE REFERRED TO Signed and delivered by the with in name lessee Mr. A ............ In the presence of ............ Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)
- Deed of Private Family Trust
Deed of Private Family Trust Download Word Document In English. (Rs.50/-) Download PDF Document In Hindi. (Rs.50/-) THIS INDENTURE made this...................day of................200__ ............ BETWEEN ....................................................................... Hindu, Indian Inhabitant, hereinafter called “the SETTLER” (which expression shall unless repugnant to the context or meaning thereof be deemed to include his heirs, executors and administrators) of the One Part; AND (1) ...........................................................................................(2) ...................................................................................................(3) ...............................................................................................(4) .................................................................................................. and (5) ..................................................................................................., Hindu, Indian Inhabitants, hereinafter called “the Trustees” (which expression shall unless repugnant to the context or meaning thereof be deemed to include the survivors or survivor of them and the trustees or trustee for the time being of these presents and the heirs, executors and administrators of the last surviving trustees and their or his assigns) of the other Part: WHEREAS :— (a) The Settler is seized and possessed of a sum of Rs. 25,000/- (Rupees Twenty-five Thousand only). (b) The Settler is desirous of settling the said sum of Rs. 25,000/- (Rupees Twenty-five Thousand only) on a Trust for the benefit of the beneficiaries more particularly described hereunder; and (c) The Trustees of this Settlement have at the request of the Settler agreed to act as Trustees of these presents. NOW THIS INDENTURE WITNESSETH and it is hereby agreed and declared as follows:— 1. In consideration of the premises and in order to effectuate the said desire of the Settler and diverse other good causes and consideration and in consideration of the love and affection which the Settler bears towards the Beneficiaries the Settler doth hereby grant, transfer, convey, assign and assure unto the Trustees the said amount of Rs. 25,000/- (Rupees Twenty-five Thousand only) together with all his right, title, interest, benefit thereto owned, possessed and held by him whatsoever in law and in equity of the Settler in and to the same and every part thereof to have and to hold the same unto the Trustees upon the TRUST and with and subject to the powers, provisions, acts and directions hereinafter appearing and contained and concerning the same. 2. The Trustees shall hold and stand possessed of the said sum hereby settled and all other monies, shares of Joint Stock Companies, donations, contributions and all properties movable or immovable which may hereafter be paid or transferred to them and the investment for the time being representing the same and rents, incomes, profits, dividends and interest hereinafter referred to as the TRUST FUND upon the Trust with and subject to the powers and provisions herein contained and concerning the same i.e. to say:— (a) Upon Trust, in the first instance to collect the dividends, interest, rents, profits and other income of the Trust Fund and from and out of the same in the first place to pay all costs, charges and expenses of and incidental to the collection thereof and all outgoings in respect of the Trust Fund including any Income-tax, Wealth-tax, Expenditure-tax or other tax levied or assessed upon the Trust and including all the outgoings, Municipal Taxes and other rates, costs of ordinary repairs to the property or properties for the time being subject to the Trust hereof and also all costs, charges and expenses. (b) Subject to the provisions of Sub-Clause (a) of this clause the trustees shall pay the said Income to the following beneficiaries or credit to their accounts in the following proportions:— NAME SHARE 1. ..................................................... ............................. 2. ..................................................... ............................. 3. ..................................................... ............................. 4. ..................................................... ............................. 5. ..................................................... ............................. If any of the beneficiaries shall have died before the date of distribution his/her share of income shall be apportioned equally amongst the survivors or survivor of them. 3. At any time before the date of distribution, the Trustees may by a resolution to be passed one month prior to the end of the accounting year determine the share in the Corpus of each beneficiary to the Corpus as on the last day of the accounting year, such resolution can be changed by the Trustees from time to time by a similar resolution passed three months prior to the end or the relevant accounting years. 4. On the date of distribution, the Trustees shall hold the Trust Fund or such part thereof as shall not have been paid, transferred or applied under any Trust or power herein contained, for and on behalf of the beneficiaries entitled to the Corpus in such proportion as they may decide PROVIDED HOWEVER that if any of the beneficiaries shall die before the date of Distribution, the Trustees may allot and hold such share of such deceased beneficiary in the Corpus for such of the legal heir or heirs of the deceased beneficiary who may be alive at the date of Distribution with the exception of the Settler as may be determined by the Trustees in their absolute discretion. In default, however, of such determination by the Trustees under power contained in this Clause on or before the date of Distribution, the Trustees shall hold the Trust Fund for benefit of the beneficiaries as under:— NAME SHARE 1. ..................................................... ............................. 2. ..................................................... ............................. 3. ..................................................... ............................. 4. ..................................................... ............................. If any of the beneficiaries shall have died before the date of distribution and such beneficiaries have no legal heir his/her share shall be allocated (equally) amongst the remaining beneficiary/beneficiaries. 5. These Trusts shall be and remain irrevocable for all times AND the Settler doth hereby also release, relinquish, disclaim, surrender and determine all rights or powers, if any which may have been reserved to him either by these present or otherwise howsoever, to restore to himself or to re-claim any interest in the Trust Fund and the investments for the time being representing the same or the income thereof to the intent that the Trust Fund may be held by the Trustees upon the Trusts and with and subject to the powers, provisions, agreements, and declarations contained in these presents to the entire exclusion of the Settler and of any benefit to the Settler by contract or otherwise. 6. IT IS FURTHER DECLARED and directed that if any disposition made by this Deed shall fail by reason of it being void and also if any interest in the Trust Fund or income thereof be regarded in law as indisposed of, the disposition of interest, so failing or remaining indisposed of shall be held by the Trustees upon the Trust for the beneficiaries referred to above and the intention is that there shall not be any resulting Trust for the Settler and that the Fund or Part thereof or income or part thereof which might be otherwise regarded as reverting to the Settler shall be paid over to and be held in Trust for the benefit of such beneficiaries as in law, are capable of receiving the same. 7. The Trust created shall always be called and referred to as ABC Private TRUST. 8. The Trustees may appoint additional Trustees or Trustee of these presents with or without a condition that he or they may act as Trustee or Trustees of these presents for a fixed period. PROVIDED HOWEVER that the total number of the Trustees on appointment of additional Trustees shall not exceed ....................... 9. The Trustees shall have the following powers:— (a) To pay the ground rent, municipal tax and all other taxes, insurance premia, maintenance charges, calls on shares and all other outgoings in respect of the Trust Fund. (b) To pay all other charges and expenses and salaries of employees that may be incurred by the Trustees for collection of rents, dividends, keeping accounts and for the management of the Trust Fund. (c) To make all repairs and additions and alterations as may be deemed necessary or expedient by the Trustees in respect of any immovable property or properties, ownership flats, sheds or blocks in industrial estates belonging to the Trust and pay all costs charges and expenses thereof. (d) To raise or borrow moneys required for the purpose of any of the objectives of the Trusts and/or for carrying on the business authorised by these presents and/or for carrying out any repairs to any immov able property or properties, ownership flats, sheds or blocks in in dustrial estates for the time being and from time to time belonging to the Trust Fund upon the mortgage, hypothecation or pledge of the Trust Fund or any part thereof or without any security and at such rate of interest and on such terms and conditions as the Trustees may in their absolute discretion think fit and proper. (e) To sell all or any portion or part of the Trust Fund either by public auction or by private contract on such terms and conditions relating to title or otherwise in all respects as they may in their absolute discre tion think fit and proper and to recall the same without being answerable for any loss occasioned thereby and for that purpose to sign and execute all the necessary conveyances and other deeds and assurances and to pass valid and effectual receipts and discharge for all the moneys received by them. (f) It shall be lawful for the Trustees and they are hereby expressly authorised to commence, establish and carry on any business or trade which shall not be of any speculative nature and which is not normally likely to result in any loss and such business or trade may be carried on by the Trustees either alone or in partnership with any other person or persons and for such business or trade to utilise the Corpus of the Trust property to such extent as the Trustees may in their absolute discretion think fit and to borrow funds for the business as the trustees may think fit PROVIDED that none of the Trustees shall be personal ly liable for any loss which may result in the business or trade under taken by them by virtue of the power and authority conferred upon them under this Clause and all losses if any in such business or trade shall be borne and paid out of the Trust property and the Trustees shall be reimbursed and indemnified against such losses, if any, from and out of the Trust property. (g) To appoint any one or more persons (other than the Settler) by a power of Attorney or powers of Attorney to act for him/her/them in the affairs of the Trust herein contained. (h) Power to determine as they shall consider just all questions and matters of doubt existing in the administration of the Trusts of this settlement so that every such determination whether made upon a question actually raised or implied in the acts or proceedings of the Trustees shall so far as the law may permit be conclusive and that none of the Trustees and no person having formerly been one of the Trustees and no estate of any deceased Trustees shall be liable for, or for the consequences of any act done or to be done or any payments made or omitted to be made in pursuance of any such determination as aforesaid notwithstanding that such determination shall be sub sequently held to have been wrongly made. (i) The Trustees may in their absolute and unfettered discretion transfer the Trust Property and establish the office of the Trust hereby created in any part of India as they may from time to time decide. (j) The Trustees may formulate a scheme or schemes for the arrangement of the Trust property and may frame rules and regulations from time to time to achieve the aims and objects of the Trust hereby created. (k) The decisions taken and acts done by the Trustees in all matters arising under these presents and taken and done either in the exercise of the discretion vested in the Trustees or otherwise, shall not be liable to be called into question or challenged in any manner whatsoever. (l) It shall be lawful for the Trustees to settle and determine whether any money accruing due from any shares or securities or other funds which are or shall be considered for the purposes of these presents as capital or income and out of which part of the Trust Fund and whether out of capital or income any expenses, outgoings or Losses should or ought to be paid and otherwise to determine all matters of difficulty, doubt or dispute and all questions arising in the course of or incidental to the execution of the Trusts or powers of these presents and any such settlement or determination although the question involved may not have been actually raised, shall be conclusive and binding on all persons claiming under these presents. (m) It is hereby further agreed and declared that in any of the matters wherein the Trustees have discretionary powers or wherein there shall be a difference of opinion regarding the construction of these presents for the management of the Trust Fund or any part thereof or the execution of any of the Trusts or powers of these presents, the votes of the majority of the Trustees for the time being voting in this matter shall prevail and be binding on the minority as well as those Trustees, who may not have voted and if the Trustees shall be equally divided in opinion, the matter shall be decided according to the vote of the senior most trustee in age. (n) It shall be lawful for the Trustees to settle and determine whether any money accruing due from any such shares, securities or other funds are or shall be considered for the purposes of these presents as capital or income and out of which part of the Trust Fund and whether out of capital or income any expenses, outgoings and losses should or ought to be paid PROVIDED THAT nothing herein contained shall be deemed to authorise the Trustees to spend the income or Corpus of the Trust Fund for any purpose not authorised by these presents. And it shall be lawful for the Trustees to determine all matters of difficulty, doubt or dispute and all questions arising in the course of or incidental to the execution of the Trust or powers of these presents and any such settlement or determination on the part of the Trustees or any act or conduct on their part implying such settlement or determination al though the question involved may not have been actually raised shall be conclusive and binding. (o) The Trustees may deposit any document of title or any other papers or documents or certificates held by them relating to the Trust under these presents with any Bank or Bankers or any other persons, firm or company whatsoever and may pay any sum or charges payable in respect of such deposits. The Trustees are empowered to invest the Trust Fund in the name of any two of the Trustees. (p) To appoint proxy or proxies for voting at any meeting of creditors, contributors, shareholders and others. (q) The Trustees shall have the power to do all such other things as may be incidental to or conducive to the attainment of the above mentioned objects. (r) To draw, make, accept, endorse, discount, execute and issue bills of exchange, promissory notes, bills of lading, warrants, debentures, and other negotiable or transferable instruments or securities. (s) To open Banking Account or Accounts of the Trust in the name of the Trust or Trustees in any Scheduled Bank or Banks that may be decided upon by them from time to time and to close such account or accounts and to open new ones in a Bank or Banks and to permit any two of the Trustees to operate on any Banking Account and without any liability on the other Trustees to examine the said account or to be in any way responsible for the acts, deeds or defaults of such Trustees in connection with such accounts. 10. The Trustees shall invest the Trust Fund and the net amount realised on the sale of the Trust Fund or any portion or portions of the Trust Fund with all convenient despatch in any one or more of the following forms of investment at any place or places in the Union of India with liberty at their absolute discretion to sell, vary, transpose and convert the same from time to time:— (a) To invest the Trust Fund or any part thereof and the income of the Trust Fund in any firm, company or corporation or Schedule Bank on such terms and conditions as they may in their absolute discretion think fit and proper. (b) To invest the Trust Fund or any part thereof on the mortgage, whether legal or equitable of immovable property or properties whether free hold or of leasehold nature, on such terms and conditions as the Trustees may in their absolute discretion think fit and proper. (c) To invest the Trust Fund or any part thereof in to any contributory mortgage along with other parties. (d) To invest the Trust Fund or part thereof in purchase and/or lease and/or sub-lease of any immovable property or properties or any part thereof whether of freehold or leasehold tenures including the pur chase of the individual share, right, title and interest and/or purchase of ownership flats and or sheds or blocks in industrial estates on such terms and conditions as the Trustees may in their absolute discretion think fit and proper and to become members of any co-operative housing society limited. (e) To invest the Trust Fund or any part thereof in the Purchase of equity shares, debentures or preference shares of any limited company or corporation whether public or private. (f) To invest Trust Fund or part thereof to carry on proprietory business or in a partnership firm carrying on any business whether or not any one or more of the Trustees are partners in such firm or business provided that in case of a partnership, the Trustees shall be at liberty to permit or allow any one of them to represent this Trust as a partner in the partnership. 11. The Trustees may instead of acting personally, employ and pay any agency other than the Settler, whether a Solicitor, Banker, Stock-Broker, or other person to transact any business or do any act required to be transacted or done in the execution of the Trusts hereof including the receipt and payment of money and shall be entitled to be allowed and paid all charges and expenses so incurred and shall not be responsible for the default of any such agent, employed in good faith. 12. Where the Trust Fund includes any immovable property or proceeds of any immovable property (such immovable property being in this Clause referred to as ‘the land’). (a) The Trustees may lease the land or any part thereof for any purpose whatsoever for any term whatsoever and either wholly or partly construction, erection, improvement, or repairs or an agreement to con struct, erect, improve or repair buildings on the land and may accept with or without consideration a surrender of any lease of the land or any part thereof. (b) The Trustees may in executing any Trust or power sell the land or any part thereof wholly or party in consideration of an annual sum pay able either in perpetuity or for any term (whether definite or in- definite) and being either reserved out of the land sold or secured in such other manner as the Trustees shall think fit. (c) The Trustees may in executing any Trust or power of sale or lease: (i) Sell or lease any part of the land; (ii) Sell or lease or reserve any easement or right, or privilege over land or any part thereof; (iii) Sell or lease or accept or reserve any timber or mines or minerals in or under the land or any part thereof together with any ease ment, right, or privileges for getting or working as the case may be and carrying away the same respectively or otherwise inciden tal to or connected with the forestry or mining as the case may be; (iv) Impose and make binding for the benefit of any part of the land sold or leased any restrictions, stipulations as to user or otherwise affecting any part of the land retained; (v) Accept in exchange for the land or any part thereof to be sold or leased either with or without any money paid or received for equity or any lease thereof; (vi) Enter into contract or grant any option for the sale or lease of the land or any part thereof or otherwise for the exercise by the Trustees of any of the foregoing powers mentioned in this para graph; (vii) All moneys received as consideration for any sale or for leasing, in execution of any trust or power shall be deemed to be and be held as capital moneys; (viii) The Trustees shall not be bound to see or be liable or accountable for omitting or neglecting to see to the repair or insurance of any buildings or to the payment of any outgoings and insure any such buildings in such manner and to such an extent as they shall think fit; (ix) The Trustees may from time to time expend money comprised in the Trust Fund in erecting, demolishing and re-building and making alterations and improvements to any buildings on the land or any part thereof (including the provisions and installation of fixtures or otherwise) whether by way of replacement of the worn out fixtures to such extent and in such manner as they shall think fit and any certificate in writing of any architect or surveyor employed by the Trustees to the effect that any work specified in such certificate is an alteration or an improvement to any such building shall be conclusive as between the Trustees and all per sons interested hereunder and that any money expended on such work was properly expended in exercise of this power. 13. The Trustees may accept any donation or contribution in cash, shares and any moveable or immovable property or properties for the objects of the Trust herein contained upon such terms and conditions as they may in their absolute discretion think fit and proper. 14. The Trustees shall maintain books of accounts in which shall be kept all proper accounts of all moneys received and paid respectively, by or on behalf of the Trustees for the purpose of the Trust. The year of account shall end on 31st March every year. 15. The receipt of any Trustee for the time being of these presents for any cash, interest, dividends or income or Corpus of the Trust Fund and for the purchase of any share, securities or any moveable or immovable property or properties of the Trust Fund hereby authorised to be sold or for any stocks, funds, shares and securities or for any deeds, papers, writings, documents or other moneys and effects payable or deliverable and/or paid, received, delivered and transferred to the Trustees by virtue of these presents and/or in the execution of the Trust and powers herein contained shall be sufficient and effectual discharge for the same so long as the receipt shall be expressed or acknowledged to be or to have been received and the person or persons to whom or in whose favour the same shall be given, his heirs, executors, or administrators shall not afterwards be in any way obliged or concerned to see to the application of the moneys, property and effects therein mentioned and acknowledged to be received or be answerable for the loss, misapplication or non-application thereof. 16. If and so often as the Trustees or any future Trustees or Trustee of these presents shall die or desire to retire or refuse or become incapable to act in the Trusts hereof or go out of India for a period of six months at a time then in every such case it shall be lawful for the surviving or continuing Trustees for the time being of these presents (and for this purpose every retiring or refusing Trustee shall if willing to act in exercise of this power be deemed to be a continuing Trustee) and if there be no surviving or continuing Trustee then for the executors or executor or administrators or administrator of the last survivor or continuing Trustees as the case may be, to appoint a new Trustee in place of the Trustee so dying or going abroad, or desiring to retire or refusing or becoming incapable to act as aforesaid PROVIDED HOWEVER that upon every such appointment of a new trustee or new trustees the Trust fund shall be so transferred as to become vested in the new Trustees or Trustee either jointly with the surviving or continuing Trustees or Trustees or solely as the case may require and every such newly appointed Trustee as well as before as after such vesting of the Trust Fund shall act or assist in the Execution for the Trusts and powers of these presents as fully and effectually as if he had been originally appointed PROVIDED HOWEVER that upon the appointment of such Trustees or Trustee as aforesaid the number of Trustees may be augmented or reduced but so that the total number of Trustees for the time being of these presents shall not be reduced below two or increased above five. 17. The Trustees or Trustee for the time being of these presents shall be respectively chargeable only for such moneys, stocks, funds and securities as they shall respectively, actually receive notwithstanding their respectively signing any receipt for the same or confirming it and shall be answerable only for their own acts, receipts, neglects and defaults and not for those of each other, nor for any bankers, broker or other person with whom or into whose hands any Trust moneys and securities may come to be deposited or given, nor for the insufficiency or deficiency of any stocks, shares, funds or securities, nor for any other loss unless the same shall happen through their or his or her willful defaults or neglect respectively. 18. It shall be lawful for the Trustees or Trustee for the time being of these presents to reimburse themselves or himself or herself or/and discharge out of the Trust Fund all costs, charges and expenses incurred by them in or about the execution of the Trusts and powers of these presents. 19. Any Trustee for the time being an Advocate or Solicitor or any other person engaged in any profession or business shall be entitled to charge and receive all usual professional and other charges for business done by him or his firm in relation to the Trust. 20. Any of the powers and authorities by this settlement given to or vested in the Trustees may at any time when there is more than one Trustee be exercised by a majority of the Trustees without the concurrence, or with merely the formal concurrence of any Trustee who by reason of illness, infirmity or otherwise may be unable, or unable without inconvenience to take an active part therein and such Trustee may in order to facilitate business by power of attorney or otherwise, empower any of the other Trustees to use his or her name for execution or signature of documents for any of the purposes of this Trust without being responsible for loss and all the acts and proceedings of the majority of the Trustees shall in such case be valid and effectual as if they had all concurred therein. 21. Any Trustee hereof who shall dissent from any exercise of any of the powers or authorities aforesaid shall nevertheless concur in executing or any documents of any of such powers or authorities by the majority of the Trustees without being responsible for the loss to the trust that may be caused. All the acts, proceedings and exercise of discretion of the majority of the Trustees shall be absolutely binding on the remainder of the Trustees. 22. Any Trustee shall have full power to file and defend suit, appeals, applications etc. to declare, sign and verify all plaints, written statements, memos of appeals, cross objections, applications, affidavit, etc. and to accept, writ summons, notices etc. and to appear in any place or places in the Union of India before any Court, Income-tax Officer, Commissioner of Income-tax, Income-tax Appellate Tribunal, Sales-tax Officer, Assistant Collector of Sales-tax, Collector of Sales-tax, Sales-tax Tribunal, Revenue Officers, Revenue Tribunal, Customs Officers, Assistant Collector of Customs, and any other Officer or Officers, and before all officers and Tribunal and before any Registrar or Sub-Registrar of Assurances, at any places in the Union of India and to present and lodge any documents for Registration and to admit execution thereof and to compound all actions, suits and other proceedings and all differences, disputes and demand and to refer any such difference, dispute or demands to arbitration and adjust, approve and settle all accounts relating to the Trust Fund and to execute all releases and discharges and to do all other things relating thereto. 23. The Trustees shall have power:— (a) to keep in the joint names of the Trustees title deeds of all immovable property or properties forming part or parts of the Trust Funds in a safe deposit vault at any place or places in the Union of India; (b) to deposit in the Joint names of the Trustees all securities and invest ments for safe-custody in a nationalized or scheduled bank or banks and to execute a power of Attorney in favour of such bank or banks for realization of interest or dividends thereon with directions to carry the interest and dividends and income of the Trust FUND to the credit of the Trust account. The Trustees shall be entitled to transfer such securities and investments to the name of the Bank or Banks. Any sum payable in respect of such deposit and/or transfer aforesaid shall be paid out of the Trust Fund. 24. For the purpose of giving effect to the provisions of this Trust, the Trustees may appropriate any part or parts of the Trust FUND in or towards satisfaction of any share whether vested or contingent to which any person or persons may be entitled in the Trust Fund, and, for that purpose may make or cause to be made a valuation or valuations of the Trust Fund or any part or parts thereof including any property which may have been appropriated under any power contained in this Deed or any parts thereof or any interest therein as the Trustees may deem necessary either themselves or by such person or persons whether duly qualified or not as they may appoint and in such manner and at such respective times as the Trustees shall consider just and proper and every such valuation shall be conclusive and binding on all parties claiming under this deed. 25. Where the Trustees are authorised or required to apply any income moneys to or for the benefit of any person who is an infant and unmarried the Trustees may pay the same to any parent guardian of such person without seeing to the application thereof or apply the same in such manner as may be directed in the trust. 26. The decisions taken and acts done by the Trustees in all matters arising under these presents and taken and done either in the exercise of the discretion vested in the Trustees or otherwise shall not be liable to be called into question or challenged in any manner whatsoever. IN WITNESS WHEREOF the Settler and the Trustees have hereunto set and subscribed their respective hands the day and year first hereinabove written. SIGNED AND DELIVERED by the Within named SETTLER................................. .......................................................................... in the presence of: 1........................................................................ 2......................................................................... SIGNED AND DELIVERED by the Within named TRUSTEES............................... 1.......................................................................... 2......................................................................... 3......................................................................... 4......................................................................... 5......................................................................... and in the presence of: 1..................................................................... 2.....................................................................
- Deed of Family Arrangement
Deed of Family Arrangement THIS DEED OF FAMILY ARRANGEMENT is made and entered into at _________ on this ________________ day of _____________ 200__ BETWEEN (1) ABC and (2) DEF, hereinafter referred to as “ABC GROUP” (which expression shall unless it be repugnant to the context or meaning thereof mean and include their respective heirs, executors and administrators) of the Party of FIRST PART; (3) GHI and (4) JKL, hereinafter referred to as “GHI GROUP” (which expression shall unless it be repugnant to the context or meaning thereof mean and include their respective heirs, executors and administrators) of the Party of SECOND PART; and (5) MNO and (6) PQR, hereinafter referred to as “MNO GROUP” (which expression shall, unless it be repugnant to the context or meaning thereof mean and include their respective heirs, executors and administrators) of the Party of the THIRD PART; W H E R E A S:— (a) The Parties hereto are members of one family of Late SHRI XYZ and hereinafter referred as “the said family”. (b) The said family holds various movable and immoveable properties as described in Annexture ‘A’ hereto standing in one or other names of the parties hereto. The Parties hereto are also carrying on business in the name of various concerns as described in Annexture ‘B’ hereto. (c) The said MNO GROUP is desirous of getting separated from the joint properties and the businesses and have requested other groups for co-operation to which all the parties have mutually agreed. (d) In view of the above, the Parties hereto have mutually decided to re-allocate their respective rights and interest in the properties on the terms and conditions appearing hereinafter. IT IS AGREED, RECORDED AND CONFIRMED BY AND BETWEEN THE PARTIES HERETO AS UNDER:— 1. The aforesaid recitals shall form the integral part of this document. 2. The properties more particularly described at item Nos. 1, 7, 12 and 13 of Annexture ‘A’ hereto shall hereby exclusively and absolutely vest in along with all other rights and benefits attached thereto and shall belong to ABC GROUP. None of the members of other groups will have any right, title and interest of whatsoever nature in the said properties. 3. The properties more particularly described at item Nos. 2, 3, 4, 5, 6 and 8 of Annexure ‘A’ hereto shall exclusively and absolutely vest in and belong to ABC and GHI GROUPS jointly along with all other rights and benefits attached thereto. None of the members of MNO GROUP will have any right, title and interest of whatsoever nature therein. 4. The flat at Dadar described at item No. 9 of Annexture A hereto is in the possession of a lessee/tenant and is under dispute as also subject matter of litigation and can not be divided and/or disposed of immediately. The properties described at item Nos. 9, 10 and 11 of Annexture ‘A’ hereto shall be owned, used and possessed by the parties in the following properties:— ABC GROUP 1/3 GHI GROUP 1/3 MNO GROUP 1/3 ----- 3/3 === 5. PQR shall retire and hereby retires from the partnership firm of M/S. LAXMI FURNITURE COMPANY with effect from_________________. He will be paid the amounts lying to his capital account in the said partnership in full and final settlement of all his claims in the said partnership and/or its assets. PQR shall neither have any claim on any of the assets/properties of the said firm nor he will be liable for any of the liabilities of the said firm. The remaining partners shall be fully entitled to alter the constitution of the said partnership in the manner they desire without any further reference to PQR or any member of his group. 6. MNO shall retire and hereby retires from the partnership firm of M/S. SARASWATI WORKS COMPANY with effect from______________. He will be paid the amounts lying to his capital account in the said partnership in full and final settlement of all his claims in the said partnership and/or its assets. The said MNO shall neither have any claim on any of the assets/properties of the said firm nor will he be liable for any of the liabilities of the said firm. The remaining partners shall be fully entitled to alter the constitution of the said partnership in the manner they desire without any further reference to MNO or any members of his group. 7. The firm of M/s. VIDYA FURNITURE is the proprietary concern of MNO. The liabilities of the said firm shall be paid by ABC and GHI Groups. All the assets and properties of the said firm shall also vest in ABC and GHI Groups. For the said purpose, any members from ABC and GHI Groups will be admitted as partners of the said firm with effect from ____________ and MNO shall retire from the said firm with effect from __________________. 8. The Insurance Policies standing in the respective names of individuals shall belong to them respectively. 9. FURTHER AGREED, RECORDED, COVENANTED AND CONFIRMED between the parties as under:— (a) XYZ H.U.F. is being run and managed by ABC as its’ karta and Manager. (b) All the parties hereto have agreed to amicably put an end to the affairs and properties of the said H.U.F. by dissolving and/or partitioning the same. (c) There is an unequivocal intention of the constituents for the severance of the status and they have mutually agreed to do so of their own free will. (d) The notional partition of the said H.U.F. is effected from the date hereof. The assets of H.U.F. are mutually allocated as under:— ( Give detailed description of allocation ) 10. The parties hereto and each of them doth hereby acquit, release and discharge the other and others of any sums, liabilities and other things due and payable to each of them by the other or others and agree that they do not have any claim or demand equitable or otherwise in to, over and upon the properties, except in the manner and to the extent as mentioned hereinabove and shall not forever raise any condition or claims against them or any of them and shall not raise any dispute whatsoever in relation thereto and they also hereby record that they and each of them have agreed to recognise and accept the other and others as the absolute owners of the share in the properties allotted to them hereinabove and/or having the rights and interest as reallocated to them. 11. The parties hereto further record that they have agreed that the respective share in the properties allotted to the respective parties as recorded hereinabove shall be absolute property and/or rights of the respective parties and their respective heirs, executors, administrators, assigns shall have absolute authority to enjoy, enter into and upon the properties and/or rights allotted to them without any obstruction or hindrance of other or others of them or the agents, servants, employees or any other person claiming through or under them whether in trust or otherwise and shall be entitled to have, hold use and enjoy the properties and/or right so allotted for ever freely, clearly and absolutely. 12. The parties hereto further agree that the respective allotters shall be entitled to dispose of or deal with the said interests in the properties allocated to him/her or them in terms of this family arrangement without any consent of the other or others. 13. The parties hereto hereby covenant with each other that they shall comply with and accept the aforestated family arrangement in toto. 14. The parties hereto further agree and covenant with each other that they shall execute all further and necessary documents writings, deeds, agreements and all other assurances to give true and proper effect to the aforesaid arrangement. 15. In the event of any disputes and differences between the parties hereto, the same shall be referred to Arbitration under the provisions of Arbitration and Conciliation Act, 1996 or the Arbitration laws prevailing at the material time. IN WITNESS WHEREOF the parties have hereunto set and subscribed their respective hands to this writing and on the triplicate thereof the day and year hereinabove written. SIGNED AND DELIVERED by the ) Within named (1) ABC (2) DEF, ) ABC GROUP the party of ) the FIRST PART in the presence of. ....... ) SIGNED AND DELIVERED by the ) Within named (1) GHI (2) JKL, ) GHI GROUP the party of the SECOND ) PART in the presence of. .... ) SIGNED AND DELIVERED by the ) Within named (1) MNO (2) PQR, ) MNO GROUP, the party of the ) THIRD PART in the presence of .....) Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-)
- Bills of Exchange
Bills of Exchange Bill of Exchange payable on Demand Date Place of issue Due date Amount in figures ON DEMAND To, X Y Z, (Full address) On Demand pay to PQR or to the Order of PQR the sum of Rs. ________________/- (Rupees ____________________________ only) for value received by Cash/Cheque No. _______________ dated __________________ drawn on/as per our Invoice No. ________________ dated ____________ for goods sold and delivered to you. I accept the above; XYZ ABC (Full name, description and (Full name, description and address address of the Acceptor) of the Drawer) Acceptor Drawer Bill of Exchange payable on due date Date Place of issue Due date Amount in figures To, X Y Z, (Full address) On the above due date, pay to PQR or to the Order of PQR the sum of Rs. ________________/- (Rupees ____________________________ only) for value received by Cash/Cheque No. _______________ dated __________________ drawn on/as per our Invoice No. ________________ dated _____________ for goods sold and delivered to you. We accept the above; XYZ ABC (Full name, description and (Full name, description and address address of the Acceptor) of the Drawer) Acceptor Drawer Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)
- Deed of Indemnity for Issuance of Duplicate Share Certificate by the cooperative housing society
Deed of Indemnity for Issuance of Duplicate Share Certificate by The Co-Operative Housing Society THIS DEED OF INDEMNITY executed at ________, this _________ day of ______________ Two thousand and ____ BY ABC of ________, Indian Inhabitant, having address at __________________ ___________________, hereinafter called “THE OBLIGOR” (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 PQR CO-OPERATIVE HOUSING SOCIETY LTD., registered under The Maharashtra Co-operative Societies Act, 1960 under no. _________________, having address at _________________ ____________________________________, hereinafter called “THE OBLIGEE”, of the Other Part: W H E R E A S: (a) The Obligor is seized and possessed of or otherwise well and sufficiently entitled to flat bearing no. ____ admeasuring ____________ sq. ft. carpet area on the 6th floor in the Building known as “PQR APARTMENT” belonging to PQR Co-operative Housing Society Ltd. situate at _____________ ____________________ (hereinafter referred to as “the said Flat”). (b) The Obligor is also the registered member and shareholder of PQR Co-operative Housing Society Limited and as such, is the registered holder and owner of 5 (five) shares of face value of Rs. 50/- (rupees fifty only) each, of the aggregate value of Rs. 250/- (Rupees Two hundred fifty only) bearing Nos. _______ to _____ issued by the said Society (hereinafter referred to as “the said Shares”) and bearing Certificate No. ____ incidental to the ownership of the said Flat. (c) The OBLIGOR has lost the said original share certificate in respect of the said shares and has made an application to the Obligee, being the society, for issuance of the duplicate share certificate. The Obligor has represented to the Obligee that the said Original Certificate is not traceable inspite of diligent search by him. The Obligor has also represented to the Obligee that he has neither transferred his right, title and interest in the said shares to any one nor he has deposited the same with any person as security or otherwise. (d) The Obligee has agreed to issue the duplicate certificate on the Obligor executing the present indemnity. NOW THIS INDENTURE WITNESSETH THAT pursuant to the aforesaid, the OBLIGOR agrees to keep indemnified and hereby indemnifies and keep harmless the OBLIGEE including its members and their successors from and against any loss, damages, demand, action, dispute, claim, costs, charges and expenses of any nature suffered or sustained by the OBLIGEE on account of any person raising and/or establishing any claim to the said Original Share Certificate in any manner whatsoever and further the OBLIGOR covenants with the OBLIGEE to reimburse them for any such claim, cost, charges and expenses arising from the loss of original certificate. IN WITNESS WHEREOF the OBLIGOR has put his hand on the day and year first hereinabove written. SCHEDULE ABOVE REFERRED TO: SIGNED AND DELIVERED by ) the within named ABC, ) the OBLIGOR above named, in ) the presence of ————————— ) Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)
- Deed of Simple Mortgage
Deed of Simple Mortgage THIS DEED OF SIMPLE MORTGAGE executed at __________ this ______ day of _______ 201__ between M/S. ABC LTD., a Company incorporated under the provisions of the Companies Act, 1956 having its registered office at _____________________________________________, hereinafter referred to as “THE MORTGAGOR” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the ONE PART; AND X Y Z of ___________, Indian Inhabitant having his address at _____________________________________________________ (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) hereinafter referred to as “THE MORTGAGEE” of the OTHER PART; WHEREAS: (a) The Mortgagor is the Owner of and well and sufficiently seized and possessed of the property more particularly described in the Schedule hereunder written (hereinafter referred to as “the said property” ). (b) The Mortgagor being in need of finance for its business purposes, requested the Mortgagee to provide the said finance. (c) Pursuant to the said request of the Mortgagor, the Mortgagee agreed to lend and advance and has advanced to the Mortgagor a sum of Rs. 50,00,000/- (Rupees Fifty lakhs only) against the security of the said property by way of Simple Mortgage for securing repayment of the principal and interest thereof in the manner hereinafter appearing. NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of Rs. 50,00,000/- (Rupees fifty lakhs only) paid to the Mortgagor by the Mortgagee on or before execution hereof (the receipt whereof the Mortgagor doth hereby admit and acknowledge and of and from the same doth hereby release and discharge the Mortgagee) THEY the Mortgagor doth hereby covenant with the Mortgagee that the Mortgagor shall pay to the Mortgagee the said sum of Rs. 50,00,000/- (Rupees fifty lakhs only) together with interest thereof from the date hereof at the agreed rate of one (1) percent per month with monthly rests (payable monthly along with the installment of the principal amount) by equal twenty monthly installments, the first of such payments shall be made on the ________ day of _____________ and the subsequent payments shall be made on or before 10th day of each and every following month, the last of such monthly installment of the principal amount together with all accrued installments and interest thereof being payable on the _________ day of __________ (hereinafter called “the due date” ) and will also pay after the due date so long as the said sum of Rs. 50,00,000/- (Rupees fifty lakhs only) or any part thereof or interest thereof shall remain unpaid to the Mortgagee in the manner aforesaid AND IT IS HEREBY AGREED AND DECLARED that if any payment of interest is not made on the respective due dates of the installments (whether formally demanded or not) it shall be added to the principal sum and compounded every month accordingly and shall be chargeable upon the mortgaged property for all intents and purposes recorded herein, however, this provision shall not in any way permit the Mortgagor to allow any interest or the monthly agreed installment towards the principal amount to fall in arrears nor shall it in anywise interfere with, prejudice, limit or affect the right of sale or any other powers or remedies for securing and enforcing payment of the Mortgage debt hereunder payable AND PROVIDED FURTHER THAT NOTWITHSTANDING the covenant to repay the principal amount in agreed monthly installments and in the event of the Mortgagor committing default in payment of any two of such monthly installments, in that event the due date for repayment of the entire principal amount together with all accrued interest shall stand accelerated to the date of the last of such second default entitling the Mortgagee to at once demand the said entire mortgage debt AND THIS INDENTURE ALSO WITNESSETH that the Mortgagor doth hereby mortgage the said property more particularly described in the schedule hereunder in favour of the Mortgagee by way of simple mortgage for the purpose of securing the Mortgage debt payable hereunder PROVIDED always that if the Mortgagor shall pay to the Mortgagee the said sum of Rs. 50,00,000/- (Rupees fifty lakhs only) on the ____________ day of ___________ 200 __ together with the agreed rate of interest and in the a fore stated manner and also all other moneys by law or under these presents payable by the Mortgagor to the Mortgagee (hereinafter collectively referred to as “the Mortgage debt”) then and in such case the Mortgagee shall at the request, cost, charges and expenses of the Mortgagor release the said property by executing the Deed of Release. Further Agreed, Recorded and Confirmed as under:- 1. The Mortgagor hereby declares and covenants with the Mortgagee as follows:- (a) That the Mortgagor has duly paid and discharged in full all the dues and liabilities in respect of the said Property including the Municipal outgoings, taxes, rates, maintenance charges etc. till date and shall continue to do so till the said Mortgage debt is fully repaid. (b) That its title to the said property is free from all encumbrances and reasonable doubts. (c) That the Mortgagor is the sole and absolute owner and beneficiary of the said property and is absolutely entitled to the same and to all incidental rights thereof and to the use, enjoyment and occupation of the said property and except the Mortgagor no other person or persons have any right, title, interest, claim or demand of any nature whatsoever to the said property. (d) That notwithstanding any act, deed, matter or thing whatsoever done, omitted by the mortgagor or any person or persons lawfully and equitably claiming by, from, through, or in trust for the mortgagor, the Mortgagor has full power and absolute authority in it’s own right to mortgage the said property and/or to create the said security in favour of the Mortgagee. (e) That neither the Mortgagor nor any one on its behalf has committed or omitted to do any act, deed, matter or thing whereby its ownership rights in the said property and incidental rights thereto including the right to peaceful use, occupation, ownership and enjoyment of the said property and other rights and benefits in respect thereof may become or be prejudicially affected or encumbered in any manner or whereby the said property may become liable to attachment and/or sale whether by a decree or order of any Competent Court or otherwise; (f) That the Mortgagor has not created or purported to create any tenancy, licence, charge, lease, mortgage or lien over the said property and no other person or party has any right, title, interest, claim or demand in to or upon the same either by way of mortgage, gift, trust, inheritance, lease or otherwise and there is no pending litigation of any kind whatsoever and further that henceforth the Mortgagor shall not enter into any agreement/writing with any third party for creating any rights and/or encumbrance of whatsoever nature in respect of the said property and shall not directly and/or indirectly part with the possession of the said property to any one or commit any act which is destructive or permanently injurious to the mortgage security or will render the same insufficient until and unless the entire mortgage debt is repaid to the Mortgagee in full. (g) That no winding up petition is pending against the Mortgagor before any court of law nor any winding up notices are received by the Mortgagor. (h) The Mortgagor shall get the present mortgage in favour of the Mortgagee registered with the Registrar of Companies under the provisions of the Companies Act, 1956. Upon the aforesaid representations, declarations, and covenants, of the Mortgagor, the Mortgagee has lent and advanced the aforesaid sum to the Mortgagor. 2. If the Mortgagor fails to pay any installment of interest in the manner as aforesaid or commits breach of any other term of these presents or commits any act which in the opinion of the Mortgagee will be prejudicial to the interest of the Mortgagee and/or the security created, the Mortgagee will be entitled to call back the principal debt whether the due date has expired or not together with all interest and compound interest accrued thereon and to enforce and realise the said security created in his favour on the basis of the agreed terms between the parties hereto. 3. The Mortgagor agrees and covenants with the Mortgagee that all costs, charges and expenses incurred by the Mortgagee for defending the title of the Mortgagor to the said property, if need arises, and for enforcement of the said security created in his favour shall be payable by the Mortgagor and shall be deemed to form part of the mortgage debt secured by the present mortgage. The Mortgagor agrees and covenants with the Mortgagee that all costs, charges and expenses incurred by the Mortgagee for defending the title of the Mortgagor to the said property if need arises and for enforcement of the said security created in his favour shall be payable by the Mortgagor and shall be deemed to form part of the mortgage debt secured hereunder. 4. If the Mortgagor shall fail to pay to the Mortgagee the Mortgage debt in the agreed manner as provided above, then and in such case the Mortgagee shall have full right and liberty to cause the said property to be sold through the court of law and recover the Mortgage debt. 5. The Stamp duty and registration charges payable on this instrument as also all incidental cost, charges and expenses thereof shall be paid and borne by the Mortgagor. THE SCHEDULE ABOVE REFERRED TO: (Description of the said property) IN WITNESS WHEREOF the parties hereto have executed these presents the day and year first hereinabove written. THE COMMON SEAL OF the ) ABC LTD., the MORTGAGOR 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:- ) SIGNED AND DELIVERED by ) X Y Z, the MORTGAGEE ) Above named, in the presence of:- ) R E C E I P T RECEIVED the day and year first above written of and from the within named Mortgagee the sum of Rs. 50,00,000/- (Rupees fifty lakhs only) by Cheque No. _____________ dated __________ drawn on _______________ being the full consideration money as aforesaid. Rs. 50,00,000/- We say Received M/s. ABC LTD DIRECTOR/AUTHORISED SIGNATORY (THE MORTGAGOR) Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-)
- DNA FINGERPRINTING EXAMINATION
DNA FINGERPRINTING EXAMINATION Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-) 1. What is DNA? DNA (Deoxyribonucleic acid), the chemical basis of life that complexes with proteins to form the chromosomes. Structurally, DNA is a double helix-two thread like long strand of genetic material spiraled around each other. DNA is a polymer of deoxyribonucleotides composed of Base [Adenine (A), Thymine (T), Guanine (G), Cytosine (C)], Sugar and a Phosphate. The sequential arrangement of the individual nucleotides is responsible for giving uniqueness to any individual living form, be it humans, animals, plants, or microbes. 2. What is DNA fingerprinting? It is a technique, by which an individual can be identified at molecular level. With the advancement of science and technology STR analysis has become very popular in forensic laboratories. Scientists have chosen repeating sequences in the DNA, which are present in all individuals on different chromosomes, and are known to vary from individual to individual except in identical twins. These are used as genetic markers to identify the individual. 3. What is the use of DNA fingerprinting technology? DNA fingerprinting technology has made it possible to identify the source of biological samples found at scenes of crime. This will resolve disputes of maternity /paternity, identification of mutilated remains, identification of rape/ murder, identification of missing child, exchange of babies in hospital wards, forensic wildlife, protection of farmers rights and biodiversity. This remarkable technology provides exclusion as well as positive identification with virtually 100% precision. 4. Are the latent fingerprint and DNA fingerprinting the same? No. They are different. Latent fingerprint is the identification of the individual by the impression of the fingers. DNA fingerprinting is the identification of an individual by the genetic markers, which are present on chromosomes. 5. Is there any chance of DNA profile being the same among the individuals related or non-related? DNA profile of an individual is unique. It can never be identical even in biologically related individuals except for the identical (monozygotic) twins. 6. What are the samples required for DNA fingerprinting examination? Any biological material such as a drop of blood, saliva, semen, and any body part such as bones, tissue, skull, teeth, hair with root etc found at the scene of crime. 7. What are the samples required for establishing maternity/paternity/parentage? Blood samples of mother, disputed child and alleged father. Blood samples (2-3 ml) can be collected in the sterile blood collection material (EDTA vials) being sent by us, in the presence of Hon'ble Court authorities. These samples should be sent in ice in a thermos flask either by a messenger or through courier, so as to reach CDFD within 72 hours after collection. 8. What are the samples required for establishing identity of the deceased? Any body part of the deceased found at the scene of crime along with the blood samples of the blood relatives of the deceased (viz., parents, children). 9. What are the samples required for establishing identity of rape/rapist? Blood/semen stained clothes, garments, swabs, slides etc. of the victim and the accused. 10. What are the preservatives to be used in collecting and forwarding samples? The following procedure has to be followed to forward the exhibits duly packed and sealed: Teeth, Hair with root, Bones (intact)* : Wrapped with a dry paper or cloth * Complete burnt bones and ash are not useful for analysis Seminal swabs : The dry cotton swab should be placed in a clean dry glass vial/bottle Muscle tissues : About 100 gm of muscle tissue should be sent in a clean glass bottle/plastic container with 0.9% DNS (normal saline sold in medical shops) on ice or in crystal salt (sodium chloride) as a preservative. Tissue samples should not be preserved in formalin. Bloodstains : Wrapped with a dry paper or cloth All the samples should be properly collected and sealed and sent to CDFD under certification along with specimen seal for comparison. The samples should reach CDFD between 10:00 am to 5:00 pm on any working day (Monday to Friday). 11. What are the charges for DNA fingerprinting test? 1. Rs.5,000/- for each blood sample/person 2. Rs.10,000/- for each forensic exhibit analyzed 3. Extra 10.20% (w.e.f. 15/07/2004) service charge as levied by Government of India 12. What is the mode of payment of charges? Through a crossed demand draft drawn in favour of Director, CDFD payable at Hyderabad. 13. What are the forms to be submitted along with the samples? (1) A Forwarding note to forward the exhibits (can be downloaded Forwarding Note from our web site). FORWARDING NOTE [In all cases where DNA fingerprinting examination of any biological material is required, a copy of this form duly filled-in, should accompany the material objects] Case/Crime/FIR/MC/OP/OS: Hon’ble Court: Under Section: District: Police station: State: Nature of Crime [If required, attach separate sheet(s) covering nature, history and other relevant details]_______________________________________________________________________ ______________________________________________________________________ List of the Exhibits and storage medium being sent for DNA Fingerprinting Analysis [Attach separate sheet (s), if required] ____________________________________________________________________________________________________________________________________________ Purpose of Examination [Attach separate sheet (s), if required] DNA fingerprinting analysis is required for establishing __________________________________________________________________ __________________________________________________________________ Signature, Name and Designation of the Investigating Officer with date & official seal CERTIFICATE OF AUTHORITY Certified that the Director, Center for DNA Fingerprinting and Diagnostics (CDFD), Hyderabad or his nominee in DNA Fingerprinting Laboratory is being authorized to examine the exhibits/material objects forwarded, pertaining to Case No._______________ of _________________________PS/Hon’ble Court and to utilize the exhibits fully or partially for the purpose of DNA fingerprinting analysis. Signature, Name & Designation of the Forwarding Authority with date & official seal (To whom the final report would be sent) (2) Identification form with two passport size photographs duly attested, one should be pasted on the space provided and the other stapled (can be downloaded Identification form from our web site). IDENTIFICATION FORM N0. (Fill all the columns & strike out whichever is not applicable) (1) Name : ______________________________________________ (2) Father’s/Guardian’s/Husband’s Name : ______________________________________________ (3) Age : Years/Months/Days (4) Gender [Tick the appropriate] : Male Female (5) Caste & Origin of State : ______________________________________________ (6) Address : ______________________________________________ [Write legibly] : ______________________________________________ : ___________________________Pin ________________ (7) Visible Genetic Abnormalities if any [specify] : ______________________________________________ (8) Description of sample [Mention Sample] : ______________________________________________ (Viz.. Blood/ Buccal Swab and others…) (9) Date of sample collection : ______________________________________________ (10) Case/Crime/FIR/MC/OP/OS No. : ______________________________________________ (11) Police Station / Hon’ble Court : ______________________________________________ [Any other specify] DECLARATION BY DONOR / GUARDIAN I, __________________________ Son/Daughter/Wife/Guardian of Kum/Master of _____________________ hereby declare that the blood is given with my consent to CDFD for DNA fingerprinting. The blood is mine/is of my child and I/child did not receive a blood transfusion within last three months. (Explained in vernacular) __________________________________________ (Signature / Thumb Impression of Donor/Guardian) ____ ml of blood sample is collected in the presence of the following witnesses: (1) Name: _________________________ Signature: _________________________ (2) Name: _________________________ Signature: _________________________ (3) Name: _________________________ Signature: _________________________ (4) Name: _________________________ Signature: _________________________ [For CDFD use only] CDFD File No. : ____________ Sample received on : ___________________ Sample No : __________ Received by : ___________________ Report No: CDFD/dfp/200___/_________Dated______ Examined by : ___________________ Assisted by : ___________________ (3) Valid proof of identity of the messenger. PROCEDURES FOR COLLECTION & FORWARDING OF SAMPLES FOR DNA FINGERPRINTING ANALYSIS DNA fingerprinting technology today has made it possible to identify the source of biological samples found at scenes of crime and also to resolve disputes of paternity and maternity. The DNA fingerprinting Laboratory of CDFD provides services to various investigating agencies to resolve cases of maternity / paternity disputes, identification of rape / murder, identification of mutilated remains, identification of missing child, exchange of babies in hospital wards and forensic wildlife. In order to disseminate information to the investigating officers/judicial authorities/medical officers about the process of collection and forwarding of samples for DNA fingerprinting analysis, this leaflet has been prepared. The procedures described are simple, time tested and most suitable for Indian conditions. The samples should be collected in the way prescribed below and sent to CDFD. For the establishment of maternity/paternity, we require the blood samples of the mother, child and the putative father. For the identification of rapist in rape cases, we require the forensic exhibits (viz., garments, vaginal swabs, slides) along with the blood samples of the accused and victim. For the identification of deceased, we require the blood samples of the nearest relations (viz., mother, father, husband, wife and children) along with the material objects relevant to the case. The blood samples (2-3 ml) can be collected in the sterile blood collection material (EDTA vials) being sent by us, in the presence of Hon’ble Court authorities. These samples should be sent in ice in a thermos flask either by a messenger or through courier, so as to reach CDFD within 72 hours after collection. The forensic exhibits should be sent as mentioned below: Teeth, Hair with root Bones (intact)* : Wrapped with a dry paper or cloth * Complete burnt bones and ash are not useful for analysis Seminal swabs : The dry cotton swab should be placed in a clean dry glass vial/bottle Muscle tissues : About 100 gm of muscle tissue should be sent in a clean glass bottle/plastic container with 0.9% DNS (normal saline sold in medical shops) on ice or in a crystal salt (sodium chloride) as a preservative. Tissue samples should not be preserved in formalin. Bloodstains : Wrapped with a dry paper or cloth All the samples should be properly collected & sealed and sent to CDFD under certification along with specimen seal for comparison. The samples should reach CDFD between 10:00 am to 5:00 pm on any working day (Monday to Friday). On request, necessary blood collection material (sterile vials with anticoagulant, syringes, needles) and prescribed formats (identification forms and forwarding note) will be provided by CDFD to the concerned authorities. The prescribed formats need to be submitted duly filled-in along with the samples. An extra attested passport size photograph of each individual whose blood samples are being forwarded, should be sent along with the identification form. The charges for the DNA fingerprinting analysis for each blood sample is Rs.5,000/- (Rupees five thousand only). For each analyzed non-blood sample (viz., body fluid stains, teeth, bones, hairs and postmortem tissues etc), it is Rs.10,000/- (Rupees ten thousand only). In addition to these analysis charges, a service charge @ 8% as levied by Government of India has also to be paid. Payment has to be paid in advance, in the form of a crossed demand draft drawn in favour of “Director, CDFD” payable at Hyderabad. The DNA typing report will be submitted on receipt of the payment and fulfilling of all the official formalities. The following conditions have to be fulfilled for the appearance of the expert for deposing evidence in the Court: 1. Personal security of the expert has to be ensured from the time of his arrival until his departure. 2. AC 2 tier train fare (air, in case the sector is not connected by train) and DA would be paid as per Government of India rules and entitlement. 3. The expert should be escorted from and to the railway station/airport and accommodated in a guesthouse or the best available hotel. 4. The payment is to be made by the forwarding agencies to the expert before after his departure from the Hon’ble Court CDFD may kindly be provided with a copy of the Judgement of the Hon’ble Court, if any, pertaining to the case. Please note that no telephonic enquiries will be entertained regarding case report. 14. How do we accept the cases? Cases should be forwarded either by the Hon'ble Court/ Police Officer of the rank of Inspector of Police or above. 15. Does CDFD accept private cases? No. Only cases referred by law enforcement agencies or a court of law are accepted at CDFD for DNA fingerprinting. 16. Does CDFD accept cases to establish biological relationship for kidney transplantation purposes, being forwarded by the hospital authorities? No. CDFD does not accept cases to establish biological relationship for kidney transplantation purposes forwarded by the hospital authorities. 17. How long does it take for the analysis and submission of reports? Samples will be analyzed on priority basis. With the present work load at CDFD, reports for establishing paternity/maternity/biological relationship could take 15-30 days or more and rape/identity may be 30-60 days or more. 18. Does CDFD provide a copy of the report to the individuals? No. The report is only submitted to the forwarding authority, in a sealed cover. 19. Does CDFD defend its reports in Hon'ble Courts? Yes. However, the CDFD expert has to be paid TA/DA as per rules of CDFD in addition to providing security to the DNA examiner. 20. If there are any other related questions where can I get the answers? Please send your queries if any by e-mail to dfp@cdfd.org.in addressing it to Director, CDFD, Hyderabad-76.
- Deed of Dissolution of Partnership Between Two Partners one of them Taking Over the Business
Deed of Dissolution of Partnership Between Two Partners one of them Taking Over the Business THIS DEED OF DISSOLUTION made and entered into at ________ this __________ day of _______________ 200__ BETWEEN ABC of _______, Indian Inhabitant, having address at _____________________ _____________________________________________ (which expression shall, unless it be repugnant to the context or meaning thereof include his heirs, executors and administrators), hereinafter called “ The Outgoing Party” of the One Part; and DEF of ________, Indian Inhabitant, having his address at ____________________________________________ ________________________________________________________(which expression shall unless it be repugnant to the context or meaning thereof, include his heir, executors and administrators) hereinafter called “The Continuing Party” of the Other Part; WHEREAS:— (i) The Parties hereto were carrying on business in partnership in the firm name and style of MESSRS _______________ _________________ upon the terms and conditions contained in the Deed of Partnership dated _________________. (ii) The shares of the Partners in the said partnership were as follows:- (1) ABC ... % Share (2) DEF … % Share (iii) It was mutually agreed between the parties hereto that the said Partnership shall be dissolved with the close of business on ________ day of ______________ i.e. with effect from _______________ and the Continuing Party shall continue the said business as sole proprietor thereof upon the terms and conditions agreed upon between parties. (iv) The parties hereto are desirous of reducing into writing the said terms and conditions. NOW THIS INDENTURE WITNESSETH AS FOLLOWS:— 1. It is hereby agreed and recorded that the partnership business carried on between the parties hereto in the firm name of M/s. ____________________________ stands dissolved with effect from ______________. 2. In pursuance of the agreement between the parties hereto and in further consideration of the payment agreed to be made by the Continuing Party to the Outgoing Party as hereinafter stated, the parties agree that the Continuing Party shall hereafter be entitled to continue the said business with effect from __________ in the name of M/s. _______________________ as the sole proprietor thereof. 3. The accounts of the said partnership for the period upto the close of the business on _________________ i.e. till the date of dissolution have been mutually made up, adjusted, agreed to and settled between the parties hereto and a sum of Rs. ______________ is arrived at as payable by the Continuing Party to the Outgoing Party including his share in the goodwill, capital, profits and all other credits and assets of the partnership as on the date of dissolution. 4. The continuing party has on execution hereof paid to the Outgoing Party the aforesaid sum of Rs. ___________/- (Rupees ______________________ only) in full and final settlement of all his claims share, right title and interest in the capital, profits, credits and assets of the partnership including his share in the goodwill thereof. 5. In consideration aforestated, the Outgoing Party doth hereby assign and release in favour of and unto the Continuing Party all his undivided share and interest in the said business carried on in the firm name of M/s. ___________________ together with its goodwill and in all movable and immovable assets of the partnership including stock-in-trade, moneys, credits and effects belonging thereto TO HOLD the same unto the Continuing Party absolutely together with all the benefits of outstanding contracts and credits to the effect that the Outgoing Party shall from the date hereof have no right, title and interest of whatsoever nature in the said business and/or any of the assets thereof all of which said assets of the partnership shall vest in the Continuing Party alone as the sole owner thereof. 6. It is hereby agreed and declared that the Continuing Party has taken over all assets and liabilities of the said firm of M/s. _____________________ together with its goodwill and business and all other credits and effects whatever. 7. In consideration of the premises aforestated each of the Outgoing Party and the Continuing Party doth hereby release the other of and from all covenants and provisions contained in the said Deed of Partnership dated _______________ and all actions, claims and demands thereof and therefrom save as mentioned herein. 8. Each of the Outgoing Party and the Continuing Party doth hereby declare that neither of them have at any time borrowed any money or incurred any debts for and on account of or on behalf of the partnership save and except those that are entered in the books of account of the partnership and that each of them agree to keep indemnified the other against all actions and demands in respect of any liability not entered in the books of account of the partnership but created by the other and all proceedings and costs, charges and expenses thereof. 9. The respective parties shall duly pay and discharge income-tax liability on their respective shares in the partnership including on interest, remuneration and the profits earned by each of them upto ______________. The Firm shall pay income tax on the income after deducting all permissible deductions as also after deducting interest paid to the partners and the salary paid to the working partner. 10. Each Party shall pay his personal debts and liabilities including liabilities for payment of tax as aforesaid and shall indemnify and keep indemnified the other against all claims, demands, actions, proceedings, costs, charges and expenses in connection therewith or relating thereto. The Continuing Party shall indemnify and keep indemnified the Outgoing Party against all debts and liabilities of the firm taken over by him. 11. The Parties hereto declare that as between them save as provided herein there are no outstanding claims or demands or anything due and owing by one to the other in respect of the said partnership or its outstanding, credits and effects. 12. The Outgoing Party doth hereby irrevocably appoint the Continuing Party as his Attorney but solely at the cost of the Continuing Party to collect all assets, property, credits, debts and effects of the partnership and to ask, demand, sue for, recover and receive and sign and give full and effectual receipts and discharges for all and singular the debts, estate and effects of or due or owing or in anywise belonging to the partnership and to settle all accounts, reckonings, matters and things whatsoever relating thereto and to compound or release all or any of the debts or claims belonging to the partnership and to institute any actions or other proceedings for compelling payment or delivery thereof and for any of the purposes aforesaid from time to time to appoint a substitute or substitutes and at any time to remove any of them and generally to do all such acts or things as may be necessary or expedient for the purpose of vesting the premises hereby released unto the Continuing Party. 13. The Outgoing Party doth hereby covenant with the continuing Party that he shall and will from time to time and at all times hereafter, at the request of the Continuing Party do and execute or cause to be done and executed all such further acts, deeds, things and assurances in law whatsoever for better and more perfectly assuring the said business and premises hereby released or any part thereof unto and to the use of the Continuing Party in manner aforesaid as shall be reasonably required by the Continuing Party. 14. The Continuing Party doth hereby covenant with the Outgoing Party to indemnify and keep indemnified the Outgoing Party against all claims and demands relating to the said business to be carried on and continued by the Continuing Party and all charges and expenses thereof. 15. The parties hereto shall give due intimation of the change to the Registrar of Firms as also by publication in the Government Gazette and news papers as required under the Indian Partnership Act and sign and execute necessary writings in respect thereof. IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands the day and year first hereinabove written. SIGNED AND DELIVERED by the ) Within named ABC, ) the Outgoing Party, ) in the presence of............... ) SIGNED AND DELIVERED by the ) Within named DEF, ) the Continuing Party ) in the presence of .............. ) Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-)
- Drawn up Consent Decree to Operate as a conveyance
Drawn up Consent Decree to Operate as a Conveyance IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. OF 201___ ABC, of Mumbai, Indian Inhabitant ) residing at ____________________ ) … PLAINTIFF VERSUS XYZ, of Mumbai Indian Inhabitant ) residing at____________________ ) … DEFENDANT Coram: J. Date: The Plaintiff prays for a declaration that the Agreement for Sale dated 5th August 1998 between the Plaintiff and the Defendant being Exhibit D to the plaint is valid, binding and subsisting; for an order and decree to specifically perform the said Agreement for Sale dated 5th August, 1998 and to all acts, deeds and things and execute all writings as may be necessary effectively to perform the said Agreement, for injunction, costs and other reliefs AND the suit being this day placed on Board by consent precipe and the Plaintiff and Defendant appearing through their respective Advocates consenting to the following decree THIS COURT BY AND WITH SUCH CONSENT DOTH DECLARE that the Agreement for Sale dated 5th August, 1998 between the Plaintiff and the Defendant being Exhibit “D” to the Plaint in respect of immovable property described in Exhibit “A” to the Plaint which is the same immovable property as described in the FIRST SCHEDULE hereto is valid, subsisting and binding between the parties hereto AND THIS COURT BY AND WITH SUCH CONSENT DOTH ORDER AND DECREE that that the Defendant has received full consideration amount of Rs. 25,00,000/- (Rupees twenty five lakhs only) from the Plaintiff under the said Agreement for Sale dated 5th August, 1988 AND THIS COURT BY AND WITH SUCH CONSENT DOTH FURTHER ORDER that in consideration of the Plaintiff having paid to the Defendant a sum of Rs. 10,00,000/- (Rupees ten lakhs only) on or before execution of the said Agreement for Sale dated 5th August, 1998 and Rs. 15,00,000/- (Rupees Fifteen lakhs only) paid on or before execution of these Consent Terms making together in the aggregate the sum of Rs. 25,00,000/- (Rupees twenty five lakhs only) (the receipt whereof the Defendant doth hereby admit and acknowledge) the Defendant doth hereby convey, transfer and assign in favour of Plaintiff the said immovable property described in the First Schedule hereto free from all encumbrances but subject to the tenancies as per list described in the SECOND SCHEDULE hereto AND THIS COURT BY AND WITH SUCH CONSENT DOTH FURTHER ORDER that this Consent Decree does operate as conveyance, transfer and assignment of the said immovable property described in the First Schedule hereto by the Defendant in favour of the Plaintiff in terms of the Deed of Conveyance a copy of which is annexed and marked as “Annexture “A” hereto AND THIS COURT BY AND WITH SUCH CONSENT DOTH FURTHER ORDER that the present Consent Decree does operate as Conveyance shall be registered in the office of the Sub-Registrar of Assurances at Mumbai and the Plaintiff shall pay stamp duty and registration charges of the present Consent Decree AND THIS COURT BY AND WITH SUCH CONSENT DOTH FURTHER ORDER AND RECORD that the Defendant has handed over possession of the said immovable property to the Plaintiff on execution hereof AND THIS COURT BY AND WITH SUCH CONSENT DOTH FURTHER ORDER that the parties agree and declare that save as aforesaid they have no other claim of any nature whatsoever against each other AND THIS COURT DOTH make no order as to costs AND THIS COURT DOTH LASTLY ORDER that the institution fee paid on the plaint herein be refunded to the Plaintiff as per rules and the Prothonotary and Senior Master do issue accordingly a certificate for such refund WITNESS ___________________________, Chief Justice at Mumbai, aforesaid, this _______ day of _______ 200__. FIRST SCHEDULE (Give detailed description of the property) SECOND SCHEDULE List of Tenants Tenement No. Name of Tenant Rent By the Court, For Prothonotary & Senior Master, SEAL CONSENT DECREE drawn on ) Application of ________________ ) Advocates for the Plaintiff.) Download Word Document In English. (Rs.20/-)
- Drawn up Consent Decree to Operate as a conveyance
Drawn up Consent Decree to Operate as a Conveyance IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. OF 201___ ABC, of Mumbai, Indian Inhabitant ) residing at ____________________ ) … PLAINTIFF VERSUS XYZ, of Mumbai Indian Inhabitant ) residing at____________________ ) … DEFENDANT Coram: J. Date: The Plaintiff prays for a declaration that the Agreement for Sale dated 5th August 1998 between the Plaintiff and the Defendant being Exhibit D to the plaint is valid, binding and subsisting; for an order and decree to specifically perform the said Agreement for Sale dated 5th August, 1998 and to all acts, deeds and things and execute all writings as may be necessary effectively to perform the said Agreement, for injunction, costs and other reliefs AND the suit being this day placed on Board by consent precipe and the Plaintiff and Defendant appearing through their respective Advocates consenting to the following decree THIS COURT BY AND WITH SUCH CONSENT DOTH DECLARE that the Agreement for Sale dated 5th August, 1998 between the Plaintiff and the Defendant being Exhibit “D” to the Plaint in respect of immovable property described in Exhibit “A” to the Plaint which is the same immovable property as described in the FIRST SCHEDULE hereto is valid, subsisting and binding between the parties hereto AND THIS COURT BY AND WITH SUCH CONSENT DOTH ORDER AND DECREE that that the Defendant has received full consideration amount of Rs. 25,00,000/- (Rupees twenty five lakhs only) from the Plaintiff under the said Agreement for Sale dated 5th August, 1988 AND THIS COURT BY AND WITH SUCH CONSENT DOTH FURTHER ORDER that in consideration of the Plaintiff having paid to the Defendant a sum of Rs. 10,00,000/- (Rupees ten lakhs only) on or before execution of the said Agreement for Sale dated 5th August, 1998 and Rs. 15,00,000/- (Rupees Fifteen lakhs only) paid on or before execution of these Consent Terms making together in the aggregate the sum of Rs. 25,00,000/- (Rupees twenty five lakhs only) (the receipt whereof the Defendant doth hereby admit and acknowledge) the Defendant doth hereby convey, transfer and assign in favour of Plaintiff the said immovable property described in the First Schedule hereto free from all encumbrances but subject to the tenancies as per list described in the SECOND SCHEDULE hereto AND THIS COURT BY AND WITH SUCH CONSENT DOTH FURTHER ORDER that this Consent Decree does operate as conveyance, transfer and assignment of the said immovable property described in the First Schedule hereto by the Defendant in favour of the Plaintiff in terms of the Deed of Conveyance a copy of which is annexed and marked as “Annexture “A” hereto AND THIS COURT BY AND WITH SUCH CONSENT DOTH FURTHER ORDER that the present Consent Decree does operate as Conveyance shall be registered in the office of the Sub-Registrar of Assurances at Mumbai and the Plaintiff shall pay stamp duty and registration charges of the present Consent Decree AND THIS COURT BY AND WITH SUCH CONSENT DOTH FURTHER ORDER AND RECORD that the Defendant has handed over possession of the said immovable property to the Plaintiff on execution hereof AND THIS COURT BY AND WITH SUCH CONSENT DOTH FURTHER ORDER that the parties agree and declare that save as aforesaid they have no other claim of any nature whatsoever against each other AND THIS COURT DOTH make no order as to costs AND THIS COURT DOTH LASTLY ORDER that the institution fee paid on the plaint herein be refunded to the Plaintiff as per rules and the Prothonotary and Senior Master do issue accordingly a certificate for such refund WITNESS ___________________________, Chief Justice at Mumbai, aforesaid, this _______ day of _______ 200__. FIRST SCHEDULE (Give detailed description of the property) SECOND SCHEDULE List of Tenants Tenement No. Name of Tenant Rent By the Court, For Prothonotary & Senior Master, SEAL CONSENT DECREE drawn on ) Application of ________________ ) Advocates for the Plaintiff. ) Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- DRAFT OF DEED OF GIFT OF IMMOVABLE PROPERTY
DRAFT OF DEED OF GIFT OF IMMOVABLE PROPERTY Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) This Deed Of Gift is made at ........ this ........ day of.. ..... between Mr. A of ....... hereinafter referred to as 'the Donor' of the One Part and Mr. B of ....... hereinafter referred to as 'the DONEE', of the Other Part.WHEREAS the Donor is seized and possessed of the land and premises situated at ......... and more particularly described in the Schedule hereunder written.AND WHEREAS the DONEE is related to the Donor as ........AND WHEREAS the Donor desires to grant the said land and premises to the DONEE as gift in consideration of natural love and affection as hereinafter mentioned 'AND WHEREAS the DONEE has agreed to accept the gift as is evidenced by his executing these presents.AND WHEREAS the market value of the said property his estimated to be Rs .....NOW, this Deed Witnesseth that the Donor without any monetary consideration and in consideration of natural love and affection, which the Donor bears to the DONEE, doth hereby grant and transfer by way of gift the said land and premises situated at ..... and more particularly described in the Schedule hereunder written together with all and singular the buildings, and structures. thereon and all the things permanently attached thereto or standing thereon and all the liberties, privileges casements and advantages appurtenant thereto And all the estate, right, title, interest use, Inheritance, possession. benefit, claims and demand whatsoever of the Donor To Have And To Hold the same unto and to the use of the DONEE absolutely but subject to the payment of all taxes, rates, assessments, dues and duties now and hereafter chargeable thereon to the Government or Municipality or other Local Authority.AND he the Donor doth hereby covenants with the DONEE;a. That the Donor now has in himself, good right, full power and absolute authority to grant the said piece of land and other the premises hereby granted as gift in the manner aforesaid.b. The DONEE may at all times hereafter peaceably and quietly enter upon have occupy, possess and enjoy the said piece of land and premises and receive the rents, Issues, and profits and rents thereof and every part thereof to and for his own use and benefit without any suit, lawful eviction, interruption, claim or demand whatsoever from or by the Donor or his heirs, executors, administrators and assigns or any person or persons lawfully claiming or to claim by, from, under or in trust for the Donor.c.That the said land and premises are free and clear and freely and clearly and absolutely and forever released and discharged or otherwise by the Donor and well and sufficiently saved, kept harmless and Indemnified of and from and against all former and other estate, titles, charges and encumbrances whatsoever, had made, executed, occasioned or suffered by the Donor or by any other person or persons lawfully claiming or to claim by,from, under or in trust for the Donor.d.And Further that the Donor and all persons having or lawfully claiming any estate or Interest whatsoever to the said land and premises or any part thereof from under or in trust for the Donor or his heirs, executors, administrators and assigns or any of them shall and will from time to time and at all times hereafter at the request and cost of the DONEE do and execute or cause to be done and executed all such further and other acts, deeds, things, conveyances and assurances in law whatsoever for better and more perfectly assuring the said land and premises and every part thereof unto and to the use of the DONEE in the manner aforesaid as by the DONEE, his heirs, executors, administrators and assigns or counsel in law shall be reasonably required.IN WITNESS,WHEROF, the Donor as well as the DONEE (by way of acceptance of the said gift) have put their respective hands the day and year first hereinabove written.THE SCHEDULE ABOVE REFERRED TOSigned and Delivered by the withinnamed Donor ........ in the presence of .......Signed by within named DONEE ........ In the presence of .......1...............2............... Draft of 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 SIGNEDDONORWitnesses.1.............2.............AcceptedDONEE Documents Required No specific documents are required in order to draft and execute a gift deed. However, ID proofs of the parties in order to confirm the names and permanent addresses of the donor and donee should be scrutinised. Documents evidencing clear title of the property/house of the donor in question could also be examined as per the facts and circumstances of each case. Procedure A gift deed for an immovable or movable property shall be drafted with the help of a lawyer. Gifting is a voluntary action and the gift deed should mention that the donor is gifting such property in question without any coercion or force and by his/her own choice. Acceptance of the donee to receive such gift should also be mentioned in the deed - by way of donee’s signature. A gift deed of an immovable or movable property is to be registered under the Transfer of Property Act if the law mandates so - depending upon the property involved. If not properly stamped/registered, such transfer would be rendered as invalid. Stamp duty shall also be paid as per the value of the gift. Legal Considerations The gift of movable or immovable property must be in accordance with section 122 of the Transfer of Property Act, 1882. A gift deed for an immovable or movable property must be registered if required as per the rules and regulations and must also be properly stamped. The deed should also declare that the donor is not bankrupt (i.e. solvent), the gift is being made without any consideration in return and that the donor is giving the gift by his/her own choice without any force or coercion. A minor cannot enter into a valid contract in India and hence cannot make a valid gift deed., although, a guardian can accept the gift on behalf of a minor. A gift once made cannot be revoked. It is also important to know that gifts made to relatives defined under the Income Tax Act are exempt from tax in the hands of the donee.













