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- FORMAT OF PLAINT CLAIMING COMPENSATION FOR DEFAMATION
FORMAT OF PLAINT CLAIMING COMPENSATION FOR DEFAMATION The format of all Civil suits is pretty much the same. They are governed by Order VI (Pleading) and Order VII (Plaint) CPC. Please see this for the theory part. Suit for compensation for things like Defamation, Malicious Prosecution can be filed in the court as determined by Section 19 and 20 of CPC. In the Court of Civil Judge Class – I at Indore Suit No. ………… / 20……. B. s/o B. C. 123, M G Road, Delhi ………………………………….. Plaintiff Vs. M. N. s/o O. P.456, M G Road, Delhi ………………………………….. Respondent Plaint under Order 7 Rule 1 for Compensation for DefamationThe plaintiff respectfully states as follows : – Brief Description of the case: (1) The respondent publicly accused the plaintiff of selling watered down milk, which has caused immense harm to the reputation of the plaintiff. The present suit is meant for compensation for the harm done to the plaintiff's reputation. Matters of Inducement: (2) Plaintiff is a milk man and sells milk in many colonies of Indore including MG Road, AB Nagar. (3) Respondent is the president of an informal residents association of MG Road. Facts constituting cause of action: (4) In a residents association meeting held on 10/10/2015, the respondent publicly accused the plaintiff of selling milk mixed with water. A tape record of the respondent making the accusation is attached with this petition. (5) The said speech made by the respondent was heard by hundrends of residents of MG Road, where the plaintiff sells goods. (6) The said speech has caused the plaintiff a lot of embarrament and loss of business. (7) The plaintiff denies that he sells watered milk and claims that the statement made by the respondent was completely baseless. Jurisdiction: (10) The meeting where the defamatory statement was made by the respondent happened in Indore, which is under this court's jurisdiction. (11) The plaintiff claims, on account of the loss of business as well as mental agony, an amount of 40,000/- which is under this court's jurisdiction. Relief Claimed: (12) The plaintiff prays that the court be pleased to order the respondent to pay sum of Rs 4,00,000 on account of the loss of business because of his baseless and false speech. The plaintiff further prays that the respondent be ordered to pay compensation for mental harassment and cost of this litigation. (Signature of the plaintiff) advocate for Plaintiff Place: …………………. Date: ………………….. Verification I, ______, do hereby verify that the contents from paras 1 to 12 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Delhi this 4th Day of September 2015. (Signature) Plaintiff Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)
- Marriage Divorce Legal Notice Format
Marriage Divorce Legal Notice Format . Ref No.________ Dated ____________ LEGAL NOTICE To, _______ S/o Shri ________________________________ Sir, Under instruction from and on behalf of my client Smt. _________ daughter of Shri __________, resident of _________________, I do hereby serve you with the following notice, the contents of which are set forth herein below :-1- That you were married with my client about ______ years ago at _____________, according to Hindu rites and ceremonies in the presence of friends, relatives and family members of both the parties. 2- That after the marriage you and my client lived together as husband and wife and cohabited with each other at ___________ and . Out of the said wedlock of my said client and you one son named _____ aged years, ___ daughter aged __ years were born. 3- That at the time of solemnization of this marriage the parents of my client had given sufficient dowry articles to you. At the time of marriage you were involved in unsocial activities. You used to consume wine daily and were also involved in gambling. You started adopting cruelties mentally as well as physical upon my client and whenever my client tried to mend your ways then you and your mother mercilessly beat my client. 4- That your attitude towards my client was very rude and indifferent from the very beginning and my client always fulfilled your illegal demands time to time. Your mother always taunted my client and said if she was interested to live in the matrimonial house then she would have to bear all the atrocities and cruelties. 5- That my client was of the opinion that after the birth of children you will improve your acts and behaviour and would leave your bad habits but you did not do so and you and your mother always abused, insulted, maltreated and misbehaved my client. Your mother refused turned out my client time to time from her matrimonial house. 6- That on _____________ you turned out my said client from her matrimonial house in three wearing clothes. You kept the children of my said client in our custody. Since the month of ____________ you and your above said mother are black mailing my client and her family members. You and your family members threatened to my client and her family members threatening my client for dire consequences according and as per directions of mother. You have refused to return the entire dowry articles and jewelaries of my said client. You have deserted my said client and hence my said client is not interested to live in your client. My client is also not interest to take the custody of the minor children from you. It my client would join your company then you would cause her death hence my client wants to dissolve her marriage immediately I, therefore, call upon you through this legal notice to execute the Divorce Deed and papers etc. dissolving this marriage immediately within a period of 15 days from the date of receipt of this legal notice, failing which my client shall constrained to file appropriate proceedings against you in the court of law and in that event you shall be responsible for all costs, risks and responsibilities which you please note well. A copy of this legal notice is retained in my office for record and further necessary action. ____________, Advocate, _________. Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- DEED OF DISSOLUTION OF PARTNERSHIP
DEED OF DISSOLUTION OF PARTNERSHIP Download Word Document In English. (Rs.30/-) THIS DEED OF DISSOLUTION is executed at Delhi on this 31st days of January,2004 BETWEEN A son of ________ resident of ____________, hereinafter called „THE FIRST PARTY‟, which expression shall, unless repugnant to the context or meaning hereof, mean and include his heirs, successors, executors and legal representatives. AND B son of ________ resident of ____________, hereinafter called „THE SECOND PARTY‟, which expression shall, unless repugnant to the context or meaning hereof, mean and include his heirs, successors, executors and legal representatives. WHEREAS the parties have been carrying on business in partnership under the name and style of „M/s ABC‟, from premises bearing No. . E-1 Ram Nagar, Delhi, on the basis of a partnership deed executed between them on 20th March, 2002; AND WHEREAS it has been mutually decided by the parties hereto to dissolve this partnership and to reduce the terms of this dissolution into writing; NOW, THEREFORE, THIS DOCUMENT WITNESSES AS UNDER: 1. That the partnership constituted by the parties hereto vide the partnership deed dated 20.3.2002 on the basis of which business under the name and style of „M/s. ABC‟ was carried at premises No. . E-1 Ram Nagar, Delhi has been dissolved with effect from today i.e. 31.1.2004. 2. That all the accounts of the partnership have been agreed and understood by the parties and all trading results, profits and losses and personal debit and credit entries and balances, have been checked and accepted by them as per the account books. 3. That all records, account books, etc. of the dissolved partnership have been delivered to the First Party hereto, who shall be responsible to notify all concerned authorities about the fact of this dissolution and shall also be responsible to get the assessments, if any pending, completed. 4. That the First Party shall produce the account books of the partnership, whenever reasonably required by the Second Party, either before the assessment authorities or before any other authority. 5. That the partners shall be liable for their individual taxes. However, any taxes or payments raise against the dissolved partnership, shall be met by the individual parties, in accordance with his ratio of profits and losses in terms of the partnership deed. 6. That none of the parties shall be liable for any liability raised by the other in the name of the erstwhile partnership firm. . Without prejudice to any rights and remedies herein contained, each of the parties hereto hereby releases and discharges the other from all actions, proceedings, claims and demands on account of the said partnership. 8. That it is mutually agreed if any dispute arises between the parties in relation to present Dissolution Deed then the same shall be referred to the Sole Arbitrator to be appointed by continuing partner under the provisions of Arbitration and Conciliation Act, 1996, and place of arbitration shall be at New Delhi. IN WITNESS WHEREOF the parties have signed this document on the date first above written in presence of the following witnesses. FIRST PARTY SECOND PARTY WITNESSES
- Matrimonial Petitions under HMA
Matrimonial Petitions under HMA, Special Marriage, Divorce Act Download Word Document In English. (Rs.95/-) Download PDF Document In Marathi. (Rs.95/-) Hindu Marriage Act, Divorce, Maintenance, Restitution of Conjugal Rights MUTUAL CONSENT DIVORCE PETITION FORMAT UNDER SECTION 13(1)(B) OF HINDU MARRIAGE ACT 1955 DRAFT FORMAT OF THE MUTUAL DIVORCE PETITIONBEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT ___________HMA PETITION No._______ OF___ 20__ IN THE MATTER OF: (Name and address of the Husband) : Petitioner No.1 (AND) (Name and address of the wife) : Petitioner No.2PETITION UNDER SECTION 13 (1) (i-b) OF THE HINDU MARRIAGE ACT FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT MOST RESPECTFULLY SHOWETH:- 1. That The marriage between the parties was solemnized on ______at _______, by Hindu rites and ceremonies. The said marriage was consummated thereafter and the parties co-habited as husband and wife at the matrimonial home i.e. ______________. The particulars showing the details of the parties to the present petition is given hereunder:- HUSBANDBEFORE MARRIAGE.Age Address Status AFTER MARRIAGEAge Address Status WIFEBEFORE MARRIAGEAge Address Status AFTER MARRIAGEAge Address Status2. That there is one boy name____ Date of Birth ____ age____ out of the wedlock of the parties. The parties mutually agreed to give custody of the child to Husband / Wife.3. That the parties could not adjust with each other due to temperamental differences and their marriage has broken down irretrievably and it is now not possible between the parties live as husband and wife any more.4. That all the efforts of reconciliation between the parties to continue the present marriage has failed and there are no further chances of reconciliation between the parties any more.5. That the parties are residing separately since _____________ and there is no cohabitation between the parties since then.6. That the parties have now decided to dissolve the marriage legally through a decree of divorce on mutual consent. The parties have settled all their claims, counter claims etc. and the respondent wife has received her entire Stridhan, Permanent alimony, maintenance etc. and there is no due with regard to any other claim between the parties now.7. That the party has decided to withdraw all the complaints, counter complaints against each other.8. That the present petition is not being filed in collusion.9. That there are no other divorce proceedings pending before any other court.10. That the matrimonial home of the parties was at ____________hence this court has the jurisdiction to grant the decree of divorce as prayed for.11. That there are no legal impediments in grant of the decree of divorce to the parties on the basis of mutual consent.PRAYERIt is most respectfully prayed that the court may accept the present petition and grant a decree of divorce between the parties thereby, dissolving the marriage between the parties.Any other order which the court may deem fit and proper in the facts and circumstances of the present case be also passed in favour of the petitioners. Petitioner No.1 Petitioner No.2 Note Mutual consent Divorce Petition draft should be annexed with the following documents: 1. Affidavit of both the parties. 2. Joint photographs of parties at the time of marriage 3. Proof of residence of both the parties 4. Proof of identity of both the parties IN THE COURT OF THE _____________ JUDGE AT _________ MATRIMONIAL CASE NO. __________ OF 20__ IN THE MATTER OF: Mr. ALU_________ PETITIONER VERSUS MRS. GOBI __________ RESPONDENT PETITION UNDER SECTION 9 OF HINDU MARRIAGE ACT 1955 FOR RESTITUTION OF CONJUGAL RIGHTS MOST RESPECTFULLY SHOWETH: The Petitioner, above named states as under: 1. That marriage of the Petitioner and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure P1. 2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under: i) Place of residence before the Marriage ii) Place of residence at the time of filing the Petition 3. That from this marriage, the couple has been blessed with one boy aged 4 years and one girl child aged 2 years. 4. That the Petitioner and his wife were living together happily at our house. That on _______ the respondent went to her fathers house at _______. She gave word to return within 15 days, but she did not abide by her word and has not returned so far. The Respondent without any reasonable excuse, living in the house of her father. 5. That the petitioner went to his father-in-laws house at_______ to bring the respondent, a number of times, but on one pretext or the other, she declined to come along with the petitioner to his house. 6. That lastly the petitioner went to the house of the respondents father at _______ on _______ and asked the respondent to return with him, but she refused to come. 7. That the respondent deserted the petitioner or/and has withdrawn from his company without any reasonable or lawful excuse. Hence the necessity for the petition arose. 8. The Petition is not being presented in collusion with the Respondent. 9. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner. 10. There is no other legal ground as to why the decree of restitution of conjugal rights be not granted in favour of the Petitioner. 11. That no litigation has taken place between the parties to the Petition earlier. 12. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was solemnized at ____________ the parties last resided together at _____________ and even presently the respondent is residing within the Jurisdiction of this Hon'ble Court. 13. That the cause of action accrued to the petitioner against the respondent, within the jurisdiction of this Court, on _______ when the respondent left for her fathers house at _______ and it continues to accrue from day to day till the respondent comes back to the home of the petitioner and resumes his company.. 14. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to: P R A Y E R That the Petitioner, therefore, prays: a) for grant of decree for restitution of conjugal rights in favour of Petition and against the respondent; and b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner. PETITIONER THROUGH______________., Advocate Place : Date : VERIFICATION I, the above named petitioner, do hereby verify that the contents of this petition in Para No ______ to Para No __________ are true to my personal knowledge and those in Para No _____ to Para No ________ are believed by me to be true.Signed and verified this _______ day of _______ 20 _______ at _______ PETITIONER IN THE COURT OF THE _____________ JUDGE AT _________ MATRIMONIAL CASE NO. __________ OF 20__ IN THE MATTER OF: MR. HUS_________ PETITIONER VERSUS MRS. WIF __________ RESPONDENT PETITION FOR DECREE OF NULLITY OF MARRIAGE UNDER SECTION 12 OF HINDU MARRIAGE ACT MOST RESPECTFULLY SHOWETH: The Petitioner, above named states as under: 1. That marriage of the Petitioner and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure P-1. 2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under: i) Place of residence before the Marriage ii) Place of residence at the time of filing the Petition 3. That the marriage has not been consummated. 4. That the Petitioner and his wife were living together happily at the matrimonial house. That the Petitioner recently found that the Respondent was pregnant from another person Mr __________ aged _____________ d/o _________________ Resident of ____________________ The Respondent at the time of marriage did not disclose her relationship with Mr. ___________and kept the Petitioner blank. 5. The Petition is not being presented in collusion with the Respondent. 6. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner. 7. There is no other legal ground as to why the decree prayed for should be not granted in favour of the Petitioner. 8. That no litigation has taken place between the parties to the Petition earlier. 9. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was solemnized at ____________ the parties last resided together at _____________ and even presently the respondent is residing within the Jurisdiction of this Hon'ble Court. 10. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to: P R A Y E R That the Petitioner, therefore, prays: a) for grant of decree of Divorce in her favour and against the Respondent and declare the marriage as null and void; and b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner. PETITIONER THROUGH______________., Advocate Place : Date : VERIFICATION I, Hus, state on solemn affirmation that whatever contained in paragraphs ____ to Para No __________ of the Petition is true to my own knowledge and that whatever contained in paragraphs No _____ to Para No ________ is based on information received and believed to be true to me.Signed and verified this _______ day of _______ 20 _______ at _______ PETITIONER IN THE COURT OF THE _____________ JUDGE AT _________ MATRIMONIAL CASE NO. __________ OF 20__ IN THE MATTER OF: Mr. AA_________ PETITIONER VERSUS MRS. GG __________ RESPONDENT PETITION FOR JUDICIAL SEPARATION UNDER SECTION 10 OF HINDU MARRIAGE ACT MOST RESPECTFULLY SHOWETH: The Petitioner, above named states as under: 1. That marriage of the Petitioner and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure P1. 2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under: i) Place of residence before the Marriage ii) Place of residence at the time of filing the Petition 3. That from this marriage, the couple has been blessed with one boy aged 6 years and one girl child aged 3 years. That the Children is living with the Respondent. 4. That the Petitioner and his wife were living together happily at the matrimonial house. That on _______ the Petitioner was introduced to a person by his friend. During the conversation it was found that the Respondent is already marred to a third person. The Respondent while marrying the Petitioner not revealed this fact and kept the Petitioner blank. 5. That on _____ first husband of the Respondent reached the house of Petitioner and demanded to send Respondent with him. That on the same day Respondent along with two children have gone with her former husband. 6. That the petitioner has not in any manner condoned the acts complained of or connived. 7. The Petition is not being presented in collusion with the Respondent. 8. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner. 9. There is no other legal ground as to why the decree prayed for should be not granted in favour of the Petitioner. 10. That no litigation has taken place between the parties to the Petition earlier. 11. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was solemnized at ____________ the parties last resided together at _____________ and even presently the respondent is residing within the Jurisdiction of this Hon'ble Court. 12. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to: P R A Y E R That the Petitioner, therefore, prays: a) for grant of decree of Judicial Separation in favour of Petition and against the respondent; and b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner. PETITIONER THROUGH______________., Advocate Place : Date : VERIFICATION I, the above named petitioner, do hereby verify that the contents of this petition in Para No ______ to Para No __________ are true to my personal knowledge and those in Para No _____ to Para No ________ are believed by me to be true.Signed and verified this _______ day of _______ 20 _______ at _______ PETITIONER Format of Affidavit to be filed along with Petition for Judicial Separation by the person who want to get Judicial separation through court. IN THE COURT OF THE _____________ JUDGE AT _________ MATRIMONIAL CASE NO. __________ OF 20__ IN THE MATTER OF: Mr. AA_________ PETITIONER VERSUS MRS. GG __________ RESPONDENT AFFIDAVIT I, _______ Mr. / Ms. ___________ aged ____years, Occupation_______, the Petitioner, solemnly affirm and say as under: 1. That I am the Petitioner in the accompanying Petition under Section ____ of Hindu Marriage Act and well-acquainted with the facts of the case. 2. That I have gone through the contents of the accompanying Petition. I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity. 3. That the Petition is not being presented or prosecuted in collusion with the Respondent. 4. That the Petitioner has not, in any manner, been accessory to or connived at the act or acts complained of. That on _______ the Petitioner was introduced to a person by his friend. During the conversation it was found that the Respondent is already marred to a third person. The Respondent while marrying the Petitioner not revealed this fact and kept the Petitioner bank. That on _____ first husband of the Respondent reached the house of Petitioner and demanded to send Respondent with him. That on the same day Respondent along with two children have gone with her former husband. 5. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner. 6. There is no other legal ground as to why the decree prayed for should be not granted in favour of the Petitioner. Signed at___________ this _______ day of _______ 20 _______ DEPONENT VERIFICATION I, the above named Deponent, do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein. verified at ________ this _______ day of _______ 20 _______ DEPONENT Format of Petition for Decree of Nullity of Marriage under section 11 of HMA to declare marriage as null and void, when the Petition satisfies grounds for Nullity of Marriage. IN THE COURT OF THE _____________ JUDGE AT _________ MATRIMONIAL CASE NO. __________ OF 20__ IN THE MATTER OF: MRS. WIF_________ PETITIONER VERSUS MR. HUS __________ RESPONDENT PETITION FOR DECREE OF NULLITY OF MARRIAGE UNDER SECTION 11 OF HINDU MARRIAGE ACT MOST RESPECTFULLY SHOWETH: The Petitioner, above named states as under: 1. That marriage of the Petitioner and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure P1. 2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under: i) Place of residence before the Marriage ii) Place of residence at the time of filing the Petition 3. That from this marriage, the couple has been blessed with one girl child aged 4 years and one boy aged 2 years. That the Children is living with the Respondent. 4. That the Petitioner and his wife were living together happily at the matrimonial house. That recently the Petitioner learnt that the respondent had a spouse living at the time of present marriage. The Respondent was already married to Mrs __________ aged _____________ d/o _________________ Resident of ____________________ The Respondent at the time of marriage not revealed this fact and kept the Petitioner blank. 5. The Petition is not being presented in collusion with the Respondent. 6. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner. 7. There is no other legal ground as to why the decree prayed for should be not granted in favour of the Petitioner. 8. That no litigation has taken place between the parties to the Petition earlier. 9. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was solemnized at ____________ the parties last resided together at _____________ and even presently the respondent is residing within the Jurisdiction of this Hon'ble Court. 10. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to: P R A Y E R That the Petitioner, therefore, prays: a) for grant of decree of Divorce in her favour and against the Respondent and declare the marriage as null and void; and b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner. PETITIONER THROUGH______________., Advocate Place : Date : VERIFICATION I, Wif, state on solemn affirmation that whatever contained in paragraphs ____ to Para No __________ of the Petition is true to my own knowledge and that whatever contained in paragraphs No _____ to Para No ________ is based on information received and believed to be true to me.Signed and verified this _______ day of _______ 20 _______ at _______ PETITIONER Format of Petition for Decree of Divorce under Section 13(1)(ia) to get divorce when the Petitioner was treated with Cruelty by the Respondent. IN THE COURT OF THE _____________ JUDGE AT _________ MATRIMONIAL CASE NO. __________ OF 20__ IN THE MATTER OF: MRS. WI_________ PETITIONER VERSUS MR. HU __________ RESPONDENT PETITION FOR DECREE OF DIVORCE UNDER SECTION 13(1)(ia) OF HINDU MARRIAGE ACT, 1955 MOST RESPECTFULLY SHOWETH: The Petitioner, above named states as under: 1. That marriage of the Petitioner and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure P-1. 2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under: i) Place of residence before the Marriage ii) Place of residence at the time of filing the Petition 3. That from the the marriage ______ couple has been blessed with one boy aged 3 years. 4. That the Petitioner and his wife were living together happily at the matrimonial house. That on _______ husband of the Petitioner has expelled the Petitioner after merciless beatings, when she questioned him about his drunken nature and misusing of money for drinking liquor with his friends. 5. The Petition has not in any manner necessary to or condoned the acts complained of or connived at, but the Respondent is treating the Petitioner with cruelty after immediately after two weeks of solemnization of the marriage. 6. The Petition is not being presented in collusion with the respondent. 7. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner. 8. There is no other legal ground as to why the decree prayed for should be not granted in favour of the Petitioner. 9. That no litigation has taken place between the parties to the Petition earlier. 9. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was solemnized at ____________ the parties last resided together at _____________ and even presently the respondent is residing within the Jurisdiction of this Hon'ble Court. 10. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to: P R A Y E R That the Petitioner, therefore, prays: a) for grant of decree of Divorce in favour of Petitioner and against the Respondent; and b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner. PETITIONER THROUGH______________., Advocate Place : Date : VERIFICATION I, WI, state on solemn affirmation that whatever contained in paragraphs ____ to Para No __________ of the Petition is true to my own knowledge and that whatever contained in paragraphs No _____ to Para No ________ is based on information received and believed to be true to me.Signed and verified this _______ day of _______ 20 _______ at _______ PETITIONER
- DEED OF A FAMILY SETTLEMENT BETWEEN
DEED OF A FAMILY SETTLEMENT BETWEEN RIVAL CLAIMANTS OF AN ESTATE THIS DEED OF FAMILY SETTLEMENT is made on the……………..day of………….Between AB, CD, EF and GH. WHEREAS ………………. Recitals (1) XY, owner of the property mentioned in Schedules J, K, L, M and N dies on the……………. (2) AB claims the whole of the said property as the adopted son of XY and the other parties deny the alleged adoption; (3) CD claims the whole property as the widow of XY and the other parties deny that she is his widow and assert that she was XY‟s mistress; (4) EF claims the whole property as the son of Z, a sister of Xy but the other parties deny his claim, alleging that EF is not the son of Z but is the son of Z‟s husband by another wife; (5) GH claims the whole property as a collateral of XY; (6) Each of the four parties has obtained possession of a small portion of the estate of XY and has put in the an application for mutation of his name on the whole of the estate; (7) As the prosecution of the mutation cases and of the civil suits which will necessarily follow, the final decision in the mutation cases will entail heavy expenditure and is likely to ruin the parties, besides further accentuating the existing disharmony among them, the parties on the advice of mutual friends and relations and after taking competent legal advice to ensure amity and goodwill have agreed to settle the dispute amicably by a family settlement in the following manner. (8) All the conditions of the proposed family settlement have been fully explained to CD by her counsel shri……………and CD has in consultation with Shri…………..fully examined and considered the same and has given her free consent to them. TERMS OF SETTLEMENT Now this Deed Witness and the parties are as follows : (1) AB, EF and GH shall be absolute owners of the properties mentioned in Schedules J, K and L respectively; (2) CD shall be owner of the property mentioned in Schedule M for life and shall have no right to alienate except with the consent of AB, EF and GH or in the case of death of either of them, with the consent of the survivor of survivors and of the heirs of the deceased, and on the death of CD, the property shall devolve upon AB, EF and GH or their respective heirs in equals shares; (3) The property mentioned in Schedule N shall be set apart for the upkeep and other expenses of the temple of…………..at………..which was built by XY deceased and shall remain in possession of GH in trust for this purpose. GH will apply the whole of the income of the property after deducting. Government revenue, cesses, taxes and expenses of collection, on the upkeep of the temple and other necessary expenses in connection with the temple. After the death of GH, his eldest male heir and after him his eldest male heir and so on shall be the trustee provided he is able and willing to act as such trustee. IN WITNESS WHEREOF the parties have signed on the date first above written in the presence of following witnesses Witness (1) (2)Signature Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- Suggested Format for Possession Letter For A Property
Suggested Format for Possession Letter For A Property I, ————————, do hereby declare: 1) That I am the owner and in possession of property bearing number —————————with the freehold rights of the land thereto and competent to handover the possession of the property. I have already executed the title documents of the said property in favor of the person now taking possession from me pursuant to the same. 2) That I have sold and transferred the property thereto to Sh.——————That I have delivered the actual physical vacant possession of the property thereto to the above-named purchaser on the spot and I have received the entire full and final consideration amount from the above-named purchaser. POSSESSION HANDED OVER BY POSSESSION TAKEN OVER PLACE:DATED Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- Builders Agreement format
Builders Agreement format Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/-) This agreement is executed at ————— on by and between:M/S——————,(hereinafter Called Party of FIRST PARTY, Which Expression shall unless repugnant to the context or meaning, therefore, be deemed to include its successors in-business, executors, administrators, and lawful assigns). AND M/S————(Hereinafter Called SECOND PARTY, Which Expression shall unless repugnant to the context or meaning, therefore, be deemed to include its successors-in business, executors, administrators, and lawful assigns) WHEREAS the FIRST PARTY wants to carry out the business of retailing, storing such products on the below-mentioned property belonging to/leased by theSECOND PARTY. WHEREAS after mutual discussion party of FIRST PARTY selected air-conditioned showroom of SECOND PARTY measuring about ———— Sq. ft. located at ——————-as Outlet for sale on the retail of said products—————- and therefore the parties have entered into this builders agreement on following terms and conditions; 1. That both parties agree that the proposed retail showroom is to be exclusively used as a retail outlet for the products supplied by the party of FIRST PARTY. Any additional premises if offered by the SECOND PARTY shall be added with the mutual approval by both the parties. 2. All the renovation charges like air conditioning, flooring, ceiling, lighting and all glasswork, electric fitting, generator/inverter sets, etc. will be provided by the SECOND PARTY as per specification/instructions/drawings and requirements of the party of the first part.The architect will be provided/fixed by the party of the first part. 3. However, all interior decoration work including the woodwork, wall modules, floor modules, cash counters, shall be supplied and installed at the cost of FIRST PARTY which will be subsequently adjusted between the parties as expenses. 4. The SECOND PARTY shall arrange for sufficient electrical load and all other infrastructural facilities and utilities including the common services for properly operating and running the showroom as per the requirement of FIRST PARTY, the cost of the same shall be borne by the SECOND PARTY exclusively. The SECOND PARTY shall also pay house tax or any other property tax imposed by the local municipal authorities, Ground rent etc or by any Govt. Agency or local bodies from time to time. All the dues of any type raised afterward, before the date of execution of this deed shall be cleared by the SECOND PARTY. The SECOND PARTY shall not subject the FIRST PARTY in any dispute what so ever be, before any authority or court or Tribunal etc. 5. That the SECOND PARTY will store and sell the products on the said fully furnished showroom. All the stock will belong to the FIRST PARTY. The FIRST PARTY has fully entitled to sell its products on the rates decided by them from time to time. The rates/sale price/discounts and date of discount sale period will be decided by the FIRST PARTY from time to time. The FIRST PARTY is also entitled to launch any promotional schemes, independently, to promote the sales according to the market situations and feedback supplied by the marketing staff. 6. That the builder’s agreement shall come into effect from —————– The FIRST PARTY shall dispatch and deliver the goods to the SECOND PARTY on a consignment basis at the showroom premises. The Freight of goods sent on consignment shall be borne by the FIRST PARTY i.e. the goods/products shall be supplied to the SECOND PARTY on F.O.R. basis. at the Showroom. 7. MRP of the goods supplied by FIRST PARTY will be at par with similar goods stocked at other franchisee outlets of the FIRST PARTY in the country and in consideration of the above, the SECOND PARTY would be entitled to the Commission/Margin which will be Reconciled on monthly basis. Income Tax, if any, payable shall be deducted before releasing of margin money. The parties will work out a ratio and mechanism of distribution of the commission and the expenses as explained under this agreement. 8. That the FIRST PARTY shall bear and deposit the local Sales Tax/Vat/ Tax or any other service tax etc. as per Sales Tax rules and SECOND PARTY maintains all the records of the same. 9. That the SHOWROOM will be run/Managed/Controlled by the SECOND PARTY. All the staff/sales employees will be employed by the SECOND PARTY. All incidental expenses, i.e. wages/salary, telephone, electricity and water consumption charges, cleaning/up keeping expenses of the showroom, postal/courier charges, credit card/bank commission�s etc.i.e.all running expenses will be borne by the FIRST PARTY. 10. That SECOND PARTY shall be responsible for any shortage or loss due to pilferage or damage to the goods. However, the SECOND PARTY shall not be held liable for the damages/loss that may be incurred due to reasons beyond the control of the SECOND PARTY i.e. fire theft, burglary. Etc. or due to natural calamities like flood, earthquake, etc. which would be cleared by Insurance Company and claims payable to the FIRST PARTY. 11. The FIRST PARTY will supply stationary/packing materials free of cost and other items required by the SECOND PARTY to facilitate the customers as and when required. 12. That the SECOND PARTY takes all insurance related to showroom building furniture, fixtures, electrical fittings, and generators sets, air conditioners etc. and will bear all its insurance premiums. Maintenance expenses of all the capital items will be borne by the SECOND PARTY. 13. Stocks to be adequately insured for all risk (theft, fire, and riots. Etc) with the policy stating the beneficiary being the FIRST PARTY in event of any claim. The cost of all such insurance will be borne by the FIRST PARTY. 14. That all the expenses at any stage in all conditions and circumstances of advertisements. It will be borne and arrange by the FIRST PARTY to promote the sales of the product of the Company. 15. The party of FIRST PARTY shall maintain adequate stock of goods of value not less than Rs. ———–. 16. That the party of the FIRST PARTY shall take back all the non-saleable stock (stock left after organizing clearance sale) lying with the SECOND PARTY and the SECOND PARTY shall not bear the payment of such stocks. 17. The SECOND PARTY will not misuse the trademark of the FIRST PARTY in any manner or any other trademark under which the goods are supplied by the party of FIRST PARTY. In any way, the SECOND PARTY will not use these trademarks for any business during/after the agreement, other then the business of the company and that too with the consent of the company, The SECOND PARTY will ensure that all the brands and its image of the company must be kept safely. 18. The SECOND PARTY arranges to give refundable security of Rs. ————- be refunded after expiry/Termination of contract by FIRST PARTY and stocks belonging to the FIRST PARTY shall be lifted simultaneously. 19. That this agreement is for the period of————- from the date of opening of the showroom. Which may be extended mutually agreed on revised terms. 20. Any variation in the terms and conditions of this agreement will be done by the mutual consent of the parties hereto, which must be reduced into writing and shall form part and parcel of this builders agreement. 21. That on the termination or cancellation of this agreement either party has to give three-month notice to the other party. The party of FIRST PARTY has full Right to get all its stocks, Stationary, accessories, whatever will be supplied by the company. Advertising and accounts books and other records. The SECOND PARTY will have no objection. 22. OWNERSHIP AND CUSTODY OF GOODS: It is specifically understood and agreed by and between the parties that at all time the Company shall be the sole and exclusive owner of the Product supplied or transferred by the FIRST PARTY to the SECOND PARTY under this agreement and/or in the possession of the SECOND PARTY or in transit. Nothing herein contained shall be deemed or intended to create any proprietary rights in the Products in favour of the Consignment Agent. The products shall always belong to and remain in the judicial custody of the FIRST PARTY. A) The SECOND PARTY shall not have or claim any right, title, interest, claim or demand in the products entrusted to them and they shall not have any lien or other claims whatsoever in or upon the Products. B) The SECOND PARTY shall not purport to hypothecate, create any right whatsoever in respect of the products entrusted to them under this builders agreement. C) The SECOND PARTY shall not pledge, loan, gift or in any other manner deal with or dispose of or destroy the products or do any act, deed or thing whereby any right, title or interest of the FIRST PARTY in the products entrusted to the SECOND PARTY are in any manner adversely affected. D) The SECOND PARTY shall ensure proper and safe custody of the stock of the FIRST PARTY. E) The FIRST PARTY shall be entitled to conduct physical stock verification of the stock and/or the books of accounts maintained by the SECOND PARTY either by its own employees or by the auditors or through any other person, person, periodically or at any time as may be convenient during a working day. In the event of there is any difference between the physical stock and the stock as per the books of the FIRST PARTY, then the value of such stocks at the Wholesale priceless commission shall be compensated to the FIRST PARTY by the SECOND PARTY immediately, failing which the amount involved shall be recovered from the commission payable to the SECOND PARTY by the FIRST PARTY. 23. FORCE MAJEURE If the performance by either party of any of its obligations under this agreement shall be in any way prevented or hindered in consequence of any Act of God or State, or any other circumstances beyond the parties anticipation or control, performance of this agreement shall be wholly or partially suspended during the continuance and to the extent of such prevention, interruption or hindrance, provided that notice in writing of such happening/s or event/s is given to the other party within 15 days of such happening /s or event/s. 24. If there is any dispute regarding the interpretation of the terms of this agreement hereof or Anything did or omitted to be done in pursuance thereof, the same shall be referred to arbitration of an arbitrator to be appointed by both the parties and such arbitration shall be held at ——— in accordance with the provisions of the Arbitration Act and such decision shall be binding on the parties and their representatives. 25. That this agreement shall sole jurisdiction of the court in————— for any matter arising out of the execution of this agreement and the performance of the obligation by either of the parties under this agreement. 26. Two sets of the agreement are prepared, one kept with the party of FIRST PARTY and other with the SECOND PARTY and duly signed by both parties in front of the witnesses. 27. The SECOND PARTY in any part of the state will make no sales to Dealers/Wholesalers. (FIRST PARTY) (SECOND PARTY) WITNESSES: WITNESSES: Witness 1: Witness 1:
- Format of Application For Regular Bail
Format of Application For Regular Bail . IN THE COURT OF __________, HON’BLE SESSIONS Judge ________________. ___________________ Son of ________________ R/o _________________ …….…………………………………………………APPLICANT/PETITIONER. VERSUS State of _________..............................................................RESPONDENT IN THE MATTER OF:- FIR NO. _____ DATED __________ UNDER SECTION _____________ IPC, P.S.- ____________________. FIRST APPLILCATION FOR REGULAR BAIL MOST RESPECTFULLY SHOWETH:- 1- That the petitioner belongs to a respectable family and he has clean antecedents. 2- That the petitioner has been framed up and falsely implicated in the above noted case by the complainant on extraneous grounds and he is in custody since _____________. 3- That the police does not require further custody of the petitioner for the purpose of investigation in the case and the petitioner has therefore been remanded to judicial custody. 4- That the petitioner has been framed up in the case because _____________ daughter of Sh. _________________ complainant was deeply in love with the petitioner and her marriage was solemnized with Sh._____________ son ofSh. ________________,R/o House No.___________________ against her wishes on __________. Even after marriage _____________ wanted the petitioner to continue friendly relationship with her due to attachment but the petitioner always advised her that since she has been married to another person, she should try to forget her past relationship with the petitioner. 5- That the investigation of the case and thereafter the trial shall take a considerable time and the petitioner shall suffer unbearable hardship of imprisonment if he remains confined to Jail during this period. 6- That the petitioner is ready and willing to furnish bail bonds to the satisfaction of this Hon’ble court for his being released on bail. 7- That the witnesses of the prosecution are relatives of the complainant and they can not be influenced by the petitioner. The petitioner gives an undertaking to the Hon’ble court, that if he is released on bail, he shall not temper with the evidence or influence the witnesses of the prosecution and he shall abide by any condition imposed by the Hon’ble court for releasing him on bail. It is, therefore, prayed that the petitioner/applicant may kindly be released on bail. Dated: _________ Applicant/petitioner. Through counsel:__________ ___________, Advocates Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- Bailable AND Nonbailable offence
Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/-) Bailable offence is one where the defendant (the one who is defending himself in a criminal case) may be able to secure his release upon the payment of bail. These are the cases where the grant of bail is a matter of course and right. If a person is held under a non-bailable offence , he cannot claim the grant of bail as a matter of right. But the law gives special consideration in favor of granting bail where the accused is under sixteen , a woman , sick or infirm , or if the court is satisfied that it is just and proper for any other special reason to give rather than refuse bail. Section Offence Bailable/Non -bailable Punishment 107 Abetment Depends on the offence Depends on the offence 120B Criminal conspiracy to commit an offence punishable with death Depends on the offence. E.g. for Punishment for murder, Non-bailable Depends on the offence 121 Waging or attempting to wage war, or abetting the waging of war, against the Government of India Non-bailable Imprisonment for life or imprisonment upto 10 years along with fine 124A Sedition. Non-bailable Imprisonment for life and fine or Imprisonment for 3 years and fine or fine. 131 Abetting mutiny or attempting to seduce a soldier, sailor or airman Non-bailable Imprisonment for life or 10 years with fine 140 Wearing soldier’s garb, sailor, airman Bailable Imprisonment for 3 months along with 500 144 Punishment for unlawful assembly Bailable Imprisonment for 6 months with fine 154 Owner or occupier of land on which unlawful assembly is held Bailable INR 1000 fine 158 Being hired to be part of unlawful assembly or riot Bailable Imprisonment for 6 months up to 2 yrs along with fine 166A Public servant disobeying direction under law Bailable Imprisonment for 6 months up to 2 yrs 167 Public servant framing incorrect document Bailable Imprisonment for 3 years and fine 172 Absconding to avoid service of summons Non bailable Imprisonment for 1 month or fine INR 1000 177 Furnishing false information Bailable Imprisonment for 6 months and fine INR, 1000 181 False statement on oath to public servants Bailable Imprisonment for 3 years along with fine 186 Disobedience to order duly promulgated by public servant Bailable Imprisonment for 3 months and fine of INR 500 189 Threat of injury to public servant Bailable Imprisonment for 2 years along with fine 191 Giving false evidence Bailable Imprisonment for seven years along with fine 195A Threatening any person to give false evidence Bailable Imprisonment for seven years along with fine 203 Giving false information respecting an offence Bailable Imprisonment for two years along with fine 210 Fraudulently making false claim in court Bailable Imprisonment for two years along with fine 213 Taking gift, to screen an offender from punishment Bailable Imprisonment for three to seven years along with fine 223 Escape from confinement or custody negligently suffered by public servant Bailable Imprisonment for two years along with fine 228 Intentionally insult or interruption to public servant sitting in judicial proceeding Bailable Imprisonment for 6 months along with fine of INR 1000 232 Counterfeiting Indian coin Non bailable Imprisonment for life or 10 years with fine 238 Import or export of counterfeiting Indian coin Non bailable Imprisonment for life or 10 years with fine 246 Fraudulently diminishing weight of coin Non bailable Imprisonment for 3 years with fine 255 Counterfeiting of government stamp Non bailable Imprisonment for 3 years with fine 264 Fraudulent use or false instrument for weighing Bailable Imprisonment for 1 year with fine 269 Negligent act likely to spread infectious disease dangerous to life Bailable Imprisonment for 6 months with fine 272 Adulteration for food or drink intended for sale Bailable Imprisonment for 6 months with fine of INR 1000 274 Adulteration of drug Non bailable Imprisonment for 6 months with fine of INR 1000 275 Sale of adulterated drug Bailable Imprisonment for 6 months with fine of INR 1000 279 Rash driving or riding on a public way Bailable Imprisonment for 6 months with fine of INR 1000 283 Danger or obstruction in public way or line of navigation Bailable INR 200 292 Sale of obscene book Bailable Imprisonment for 2 years with fine of INR 2000 295 Injuring places of worship with an intent to insult the religion of any class nb Imprisonment for 2 years with fine. 295A Deliberate and malicious act intended to outrage religious feelings of any class, by insulting religious beliefs. Non bailable Imprisonment for 3 years with fine. 297 Trespassing on burial places Bailable Imprisonment for 1 years with fine. 302 Punishment for murder Non bailable Imprisonment for life term or capital punishment 304 Punishment for Culpable homicide not amounting to murder. Non bailable Imprisonment for 10 years with fine 304A Punishment for causing death by negligence Bailable Imprisonment for 2 years. 304B Dowry death Non bailable Imprisonment for 7 years up to life term. 306 Abetment of suicide Non bailable Imprisonment for 10 years with fine. 307 Attempt to murder Non bailable Imprisonment for 10 years with fine. 308 Attempt to commit culpable homicide Non bailable Imprisonment for 3-7 years with fine. 309 Attempt to commit suicide Bailable Imprisonment for 1 year or with fine. 318 Concealment of birth by secret disposal of body Bailable Imprisonment for 2 years with fine. 323 Causing hurt Bailable Imprisonment for 1 years with fine. 349 Using force Bailable Imprisonment for 3 months or with fine of INR 500 354D Stalking Bailable Imprisonment for 3 months or with fine. 363 Punishment for Kidnapping Bailable Imprisonment for 7 months or with fine 369 Abduction of child under 10 Non bailable Imprisonment for 7 months or with fine 370 Trafficking of person Non bailable Imprisonment for 7-10 years or with fine 376 Punishment for Rape Non bailable Rigorous imprisonment for life or not less than 7 years 376D Gang rape Non bailable Imprisonment for 20 years which may extend till life 377 Unnatural offence Non bailable Imprisonment for 10 years which may extend till life 379 Punishment for Theft Non bailable Imprisonment for 3 years and fine 384 Punishment for Extortion Non bailable Imprisonment for 3 years 392 Punishment for Robbery Non bailable Imprisonment for 3 years and fine 395 Punishment for Dacoity Non bailable Imprisonment for 10 years and fine 406 Punishment for Criminal breach of trust Non bailable Imprisonment for 3 years and fine 411 Dishonestly receiving Stolen property Non bailable Imprisonment for 3 years and fine 417 Punishment for Cheating Bailable Imprisonment for 1 years and fine 420 Cheating and dishonestly inducing delivery of property Non bailable Imprisonment for 7 years and fine 426 Punishment for Mischief Bailable Imprisonment for 3 months 447 Punishment for Criminal trespass Bailable Imprisonment for 3 months and fine of INR 500 465 Forgery Bailable Imprisonment for 2 years and fine 477A Falsification of accounts Bailable Imprisonment for 2 years and fine 489A Counterfeiting currency notes or banknotes Non bailable Imprisonment for life and fine 489C Possession of forged currency notes or banknotes Bailable Imprisonment for 7 years and fine 494 Marrying again during lifetime of husband or wife Bailable Imprisonment for 7 years and fine 496 Marriage ceremony fraudulently gone through without lawful marriage Bailable Imprisonment for 7 years and fine 498 Enticing or taking away or detaining with criminal intent Bailable Imprisonment for 2 years and fine 498A Husband or relative of husband of a woman subjecting her to cruelty Non bailable Imprisonment for 3 years and fine 500 Punishment for Defamation Bailable Imprisonment for 2 years and fine 506 Criminal intimidation Bailable Imprisonment for 2 years for simple offence and 7 years if threat is to cause death or grievous hurt 509 Word, gesture or act intended to insult the modesty of a woman Bailable Imprisonment for 3 years and fine 510 Misconduct in public by drunken person Bailable Imprisonment for 24 hours and fine of INR 10
- Against a Builder for Defective Workmanship
Against a Builder for Defective Workmanship (Title) A.B., the above-named plaintiff states as follows:- On the ......day of ........19........, the plaintiff and defendant entered into an agreement, and the original document is hereto annexed.[Or state the tenor of the contract.] [The plaintiff duly performed all the conditions of the agreement on his part.] The defendant [built the house referred to in the agreement in a bad and un workman like manner]. [As in paras.4 and 5 of Form No.1, and Relief claimed.] Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- Appendix D - Preliminary Decree for Foreclosure
Appendix D - Preliminary Decree for Foreclosure - (Order XXXIVVV, Rule 2) (Where the Court Declares The Amount Due.) (Title) 1. This suit coming on this...........................day, etc.; It is hereby declared that the amount due to the plaintiff on his mortgage mentioned in the plaint calculated up to this................................ day of.................is the sum of Rs..........................for principal, the sum of Rs................for costs, charges and expenses (other than the costs of the suit) properly incurred by the plaintiff in respect of the mortgage security, together with interest thereon, and the sum of Rs.........for the costs of this suit awarded to the plaintiff, making in all the sum of Rs.. 2. And it is hereby ordered and decreed as follows: - i. that the defendant do pay into Court on or before the........day of..............................................or any later date up to which time for payment may be extended by the Court of the said sum of Rs. ii. that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents hall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and free from all in cumbrances created by the plaintiff or any person claiming under him or any person under whom he claims and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property. 3. And it is hereby further ordered and declared that, in default of payment as aforesaid, the plaintiff may apply to the Court for a final decree that the defendant shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit. Download Word Document In English. (Rs15/-)
- Key Clauses for Redevelopment Agreement
Key Clauses for Redevelopment Agreement; Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) The completion period of Redevelopment shall be of not more than two years and in special cases not more than 3 years in case of any exigencies. The Developer should give Bank Guarantee of 20% price of Redevelopment Project. The Developer should try to give alternate accommodation to the members in the same area till the Redevelopment Project is complete. Otherwise, he will pay monthly rent and Deposit (equivalent to the prevalent rate of rentals in the same vicinity including the yearly rent escalation) agreeable to members or make available Transit Camps. In case this advance rental is dishonored, the society has the right to prevent the builder from either selling or allowing any new flat purchaser to occupy their respective flats. The Agreement should be registered under Registration Act 1908. All the new members shall be admitted in the society after completion of the Redevelopment Project and after approval of General Body Meeting of the society only. The Agreement should have specific mention of the agreed Carpet Area. The Development rights given to the Developer will be non-transferable. The flat owners will vacate their flats only after receipt of all the legal permissions for the Redevelopment work and those in possession of their flats will not lose their rights. Agreement between contractor, Architect, and society should have a condition that disputes, if any, on the Redevelopment work shall be settled u/s Rule No. 91 of the Rules. After receipt of the Occupation Certificate for the Redeveloped building, the distribution of the flats should be preferably made in accordance with the prevailing arrangement of present floors. In the case when the Allotment of flats is required to be made by lots, only after completion of the building the Developer should make available the lottery system after completion of the Redevelopment Project. The developer should arrange for a draw of lots for the distribution of flats in presence of Registrar’s representative and video shooting of the complete process will be made. No member of the Committee or Office bearer shall be a Developer and or his relative. The Building Plans which are approved by the Municipal Corporation / Competent Authority shall be again placed before the General Body Meeting for information. A member wishing to have a copy of the approved Documents can get the same on his written application. The Committee is bound to issue the information on charging a reasonable fee. The housing society member need to calculate and assess the financial implication keeping in mind the interest of all members on account of any increase in the maintenance charges for the additional facilities/amenities builder may provide. Depending upon the average financial capacity member should ask the developer if he is willing to bear the maintenance charges which would otherwise have been borne by the society members. In the case of such an arrangement, the society should ask the developer to deposit the amount into a separate account prior to giving him permission to sell the surplus flats in the newly redevelopment building. Ensure to add appropriate penalties/damages in case the project is delayed beyond the agreed period including but not limited to payment of rental and other charges to the members. On Drafting of Redevelopment Agreement and related documents A] Laws to be considered 1. Maharashtra Co-Operative Society Act, Rules, byelaws, S.79A and notification dated 03.01.2009. 2. Maharashtra Regulation Development Act. 3. Maharashtra Ownership Flats Act, 4. Maharashtra Apartment Ownership Act. 5. Indian Contract Act. 6. Transfer of Property Act 7. Easement Act. 8. Maharashtra Rent Control Act, 9. Mhada, 10. Public Premises Act, 11. MRTP Act, 12. Development Control Regulations DCR 33(7) 13. Civil Procedure Code. 14. Mah Stamp Act. B] Process Upto Drafting Stage 1. Society must have Conveyance (Deemed Conveyance). 2. Structural Audit, dilapidated, not repairable 3. Report must detail about FSI used balance, TDR, fungible FSI, Development Potential of Society land, financial benefit projections. C] Drafting Assignment. 1. Resolutions 2 2. Tender 3. Memorandum of Understanding 4. Consent Letter, 5. Development Agreement 6. Title document for flat. 7. Power of Attorney only for work 8. Indemnity D] Society to Follows Process SGBM for considering 1. PMC Report 2. Bids Short listing 3. Selection of Builders 4. Development Agreement draft approval 5. Development Agreement Execution E] Gist of Proposal Keep in mind developer is not bearing any land cost, but only construction cost and he wants to share profit. F] Points to be considered wile drafting Development Agreement (Chapter wise) I] Recitals 1. Conveyance held by society. 2. Existing Construction in Carpet and Built-up sq. ft. area as per sanction plan. 3. FSI Consumed, balance and total Development Potential 4. Balance FSI, Setback, 5. TDR in Sq. ft. can be loaded. 6. Fungible FSI, available II. DefinitionsDefinitions of terms and reference of Applicable Law 3 III. Describe process Process followed for PMC SGBM, Tender, bid Short listing, SGBM, Reg, Video recording, LIO/MOU, Terms finalization, DA, SGBM, Power of Attorney, as per S.79A and notification dated 03.01.2009. IV. Negotiation - Negotiation On 1. Letter of Intent or Memorandum of Understanding 2. Letter of developer recording acceptance of Letter of Intent. 3. Terms of Development Agreement. V. Negotiation for and reference off following points 1. Letter of Intent/acceptance of Letter of Intent is superior to bid document. Acceptance of Letter of Intent forms a contract 2. Area addition in carpet to each Member 3. Rent by Advance Cheque Corpus by Advance Cheque to be kept with society Brokerage by Advance Cheque Deposit by Advance Cheque Transportation by Advance Cheque 4. Bank guarantee equal to Construction Cost of society component Performance linked reducing guarantee 5. Lien or No sale- offers are to be avoided 6. Different models of Amenities in Annexures such as Flooring, windows, A/c Opening, gas geysers, dish antenna, Security Camera Copper Wire, Colour Plaster of Paris on walls, society office, security cabin, Electricity Points, Kitchen furniture water outlets, Plumbing accessories. 7. Liberty to Members to select amenity model 8. Quality of construction to be specified in Annexure 4 9. Supervision, Certificate of society Architect is binding 10. Plan to be sanctioned in name of society and copies of Plans and correspondence with BMC and authorities to be furnished. 11. Time Schedule (18 months to 24 months) 12. Deposit against execution of Development Agreement to be adjusted against corpus. 13. No Cost to be borne by society. 14. Advocate and PMC Fees by developer. 15. Title documents tripartite agree for new flats Registration, Stamp duty by developer 16. Mode of Payment or rent, corpus 17. Corpus to be deposited with Society before vacating flats. 18. Design of flats Direction of flats Location of flats of member will not be changed without written consent. 19. Garden, Jogging Track, Gym, Hall Skylange, Lifts, Servants Lift, Spare Lift, stretcher lift. 20. Vacating after IOD and Registration of new flat title document 21. Possession after O/c. 22. Parking 23. Plan to be put up to BMC approval by society. VI. Essential Points 1. Time is essence of contract 2. Stages of construction with time schedule specified. 3. Default mechanism resulting into termination 4. Penalty, for delay daily/lump sum. 5. Consequences of defaults or delay 6 months of any state Taking construction over to other developer or contractor 5 6. Possession be given to Members with o/e. and amenities first 7. No possession be given to purchasers of new flats till members are given possession with occupation certificate and amenities. 8. Security of payments/defaults or dishonor of cheques by linking to bank guarantee. 9. NOC of architect is not required or deemed permission for switching to new developer VII. Termination/Frustration 1. Defaults in completing stage of construction in time. 2. No Claims or damages from society. 3. Indemnity by developer to society. 4. Arbitration Clause, define points of reference 5. Certain dispute to Co-operative Court 6. Certain disputes to mediation. 7. Technical Mediation 8. Supremacy of supervision certificate of architect. 9. Remove Goods, articles on termination or else it will be property of the society. VIII. General Terms 1. Share benefits accrued by change in law 2. Force majure to be specifically defined 3. Share benefit accrued, by change in circumstances. 4. Plinth if laid then benefits of change cannot be shared. 5. Share further benefit formula by payment of money. 6. Forthwith payment to society before using benefit. 7. 5 years guarantee of constructed building for rectification 8. Tax Payment, dues by developer and certificate of no dews by authorities or C.A. 6 9. Insurance, Labour Laws, Taxation, Property Tax to be cleared. 10. Construction cost total or incidental cost payment by developer 11. New Building is not property of developer and hence cannot be mortgaged. 12. No finance on Building/land mortgage to developer 13. NOC for free sale component flats, for bank loan 14. Developers Entry as licensee of society 15. Indemnity to society against any actions or suit from purchasers or suppliers.












