DPC 2 NOTES

PART (A): Transfer of Property Act, 1882

Q.1 Write a short note on: Public Notice

Ans.
1) All the notices which are issued regarding the matters in which the
members of the general public are likely to be or expected to be
affected are “Public Notices”.
2) Black’s Law Dictionary defines the term “public notice” as: Notice
given to the public generally, or to the entire community, or to all
whom it may concern. Such notice must commonly be published in a
newspaper of general circulation.
3) Such public notices are generally published in the newspapers or
Government Gazette. It is pertinent to note that as far as possible a
public notice should be given in the newspapers having wide
circulation.
4) The primary purpose of public notice is to make government
activities accessible to the public, enabling informed decision-making.
5) Following are the illustrations of Public Notices:
a) A notice of sale or purchase of immovable property.
b) A notice of Auction of property.
c) A notice of dissolution of partnership firm.
d) A notice of termination of an agent’s authority.
6) Public notices encompass various categories such as government
budget publications, business-related notices, court notices, and
property notifications. These notices inform the public about
government activities, court hearings, business bids, and unclaimed
property returns.

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7) The merits / significance / importance of Public Notice are:
A. Transparency and Accountability:
o Public notices provide a transparent channel for
government bodies, organizations, and individuals to
communicate important information to the public.
o By publishing notices, authorities demonstrate their
commitment to openness and honesty, allowing citizens to
access critical details about policies, regulations, and
actions.
B. Legal and Regulatory Compliance:
o Public notices are often required by law. They serve as
official announcements for legal matters, such as property
auctions, court hearings, and changes in regulations.
o Failure to publish required notices can have legal
consequences, ensuring that organizations and
governments adhere to established norms.
C. Property Rights and Transactions:
o Notices related to land, property, and real estate
transactions are essential. They inform potential buyers,
sellers, and interested parties about auctions, foreclosures,
and ownership changes.
o Without public notices, property rights could be
jeopardized, leading to disputes and confusion.
D. Health and Safety Alerts:
o Notices warn the public about health risks, safety hazards,
and emergencies. For instance, alerts about disease
outbreaks, contaminated water, or natural disasters are
critical.

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 o Timely dissemination of such information can save lives
and prevent further harm.
E. Public Projects and Infrastructure:
o Notices announce public projects, construction, road
closures, and infrastructure development. Citizens can
participate in consultations, voice concerns, and
understand the impact on their communities.
o Without these notices, citizens might be caught off guard
by sudden changes in their surroundings.
F. Elections and Voting:
o Election-related notices inform citizens about voter
registration, polling locations, and candidate details.
o These notices empower citizens to exercise their
democratic rights and participate in the electoral process.
G. Business and Financial Matters:
o Notices related to business registrations, bankruptcies,
mergers, and stock market updates keep investors and
stakeholders informed.
o Investors rely on these notices to make informed decisions
about their financial interests.
H. Public Hearings and Consultations:
o Notices invite public participation in hearings,
consultations, and policy discussions.
o Citizens can express their opinions, raise concerns, and
influence decisions that affect their lives.
I. Education and Employment Opportunities:
o Notices about scholarships, job openings, educational
programs, and workshops help individuals access
opportunities.

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 o They bridge the information gap and promote equal access
to resources.
J. Preserving Historical and Cultural Heritage:
o Notices about heritage sites, preservation efforts, and
cultural events promote awareness and encourage
responsible stewardship.
o Citizens can engage in efforts to protect their heritage.
8) Public notices serve as a vital link between authorities and the
public, fostering an informed and engaged citizenry. They empower
individuals, protect rights, and contribute to a well-functioning
society.

Q.2 Write about: Agreement for sale

Ans.
1) An agreement for sale is a crucial legal document that outlines the
terms and conditions of a property transaction between a buyer and a
seller.
2) This agreement acts as a preliminary contract before the actual sale
occurs, binding both parties until the deal is finalized. It includes
essential details such as the payment schedule, property price,
possession date, and other prerequisites necessary for completing the
sale.
3) The agreement for sale does not create any interest or charge on the
property; it merely sets the stage for the sale.
4) There is a mandatory registration of an agreement for sale of
immovable property valued at Rs. 100 or above.
5) Basic elements / components of an agreement for sale includes:
a) Seller: The existing owner who intends to transfer the property.

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 b) Buyer: The individual acquiring the property title from the
seller.
c) Consideration: The agreed-upon amount paid or promised by the
buyer to the seller.
d) Property Description: Clear and comprehensive details about the
property.
e) Transaction Value: The agreed-upon consideration.
f) Payment Breakup: Whether paid in full or partially.
g) Sale Completion Period: The timeline for completing the sale.
h) Terms and Conditions: Responsibilities of both parties.

6) Legal Benefits of an Agreement for Sale:

1. Establishing Clarity on Terms and Conditions: The
agreement ensures that both parties understand and agree to the
sale terms, minimizing misunderstandings.
2. Avoiding Disputes: By laying out terms clearly, it helps prevent
conflicts between the buyer and seller. It also includes
provisions for dispute resolution.
3. Offering Legal Protection: Provides legal protection to both
parties by defining agreed-upon terms and acting as proof of the
transaction in case of conflicts.
4. Protecting Investment: Safeguards the investment of both
parties, ensuring the buyer receives the property as agreed upon
and the seller receives payment per the terms.
5. Complying with Legal Requirements: A legally binding
document that must adhere to legal prerequisites, ensuring a
smooth and lawful property transfer process
7) In conclusion, an agreement for sale is essential in real estate
transactions as it protects the interests of both buyers and sellers,
provides clarity on terms, prevents disputes, offers legal protection,
and ensures compliance with legal requirements.

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8) It is a foundational document that sets the stage for a successful
property transfer while minimizing risks and uncertainties for all
parties involved.

Q.3 Write a detailed note on: Sale deed.

Ans.
1) A “sale deed” is an instrument in writing that legally transfers the
ownership rights of an immovable property from one person to
another in exchange for a price paid/consideration, ensuring the buyer
becomes the legal owner of the property.
2) As per the Registration Act of 1908, registration of a sale deed is
mandatory to legalize property transactions, ensuring transparency
and legality in property transactions while safeguarding the interests
of both buyers and sellers.
3) An unregistered sale deed has no legal validity and cannot transfer
ownership. Registration provides public notice of the transaction and
prevents fraud.
4) An agreement for sale outlines the terms before the actual sale,
while a sale deed confirms the completed sale.
5) The sale agreement ceases to exist once the sale deed is executed.
6) The Supreme Court has, time and again, in a plethora of
judgements ruled that only a registered sale deed confers valid title
and interest in immovable property.
7) Components / Essential elements of a Sale Deed:
o Parties Involved: The seller (vendor) and the buyer
(vendee) are explicitly identified.
o Property Description: Precise details about the property,
including its location, boundaries, and dimensions.

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 o Consideration: The sale price or value exchanged for the
property.
o Rights and Duties: The rights and responsibilities of both
parties.
o Payment Details: Whether the payment is made in full or
through instalments.
o Warranties and Covenants: Assurances provided by the
seller regarding title and possession.
o Witnesses: At least two witnesses must sign the deed.
8) Legal Benefits of a Sale Deed:
a) Proof of Ownership: Once the sale deed is executed and
registered, it provides conclusive evidence of property
ownership for the buyer.
b) Legal Recognition: It acts as a legally binding document that
outlines the rights and obligations of both parties involved in the
transaction.
c) Dispute Resolution: It helps in resolving disputes by clearly
defining the terms and conditions agreed upon by both parties.
d) Facilitates Resale: It enables easy resale of the property as it
confers title on the buyer, allowing for subsequent transfers
based on the deed.
e) Enforceable by Law: Sale deeds are enforceable by law,
providing security and assurance to both parties involved in the
transaction.

Q.4 Explain the various components of a sale deed.

Ans.
Components of a Sale Deed in India:
1) Parties Involved:

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  Description: The sale deed must include detailed
information about the parties involved, such as their
names, addresses, contact details, occupations, and ages.
 Legal Requirement: Both the buyer and seller need to
sign the sale deed with genuine intention, and witnesses
should also sign to validate the transaction.
 Witnesses: A minimum of two witnesses must sign the
sale deed to make it legally complete.

2) Property Description:
 Details: The sale deed should provide an elaborate
description of the property being transferred, including its
survey number, address, square footage, construction
details, location, and surroundings.
 Documentation: Property documents like original sale
deeds, building plans, property tax receipts, encumbrance
certificates, etc., should be attached.
 Encumbrance: The seller must certify that the property is
free from any encumbrances like loans or charges before
executing the sale deed.
 Schedule: An annexure detailing the property information
should be attached to the sale deed for clarity.

3) Sale Consideration:
 Amount: The sale consideration clause specifies the
agreed-upon amount between the parties for the property
sale.

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  Payment Details: It includes information about advance
payments, remaining amounts payable, payment dates,
time allowed for payments, and specifics of payment
transactions.
4) Rights and Obligations:
o The sale deed outlines the rights and obligations of each
party:
 Seller’s Obligations: To transfer clear title, hand
over possession, and provide necessary documents.
 Buyer’s Rights: To receive clear title, peaceful
possession, and relevant documents.

5) Possession and Indemnity Clause:

 Possession Date: The deed should mention when
possession of the property will be handed over to the buyer
by the seller.
 Indemnity Clause: This clause ensures that the property
sold is free from encumbrances and that all dues like
utility bills are settled by the seller before transfer.

6) Signatures and Witnesses:

o The sale deed must be signed by both the seller and the
buyer.
o At least two witnesses (not related to either party) should
also sign the deed.
o Witness signatures validate the transaction.

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Q.5 Explain difference between sale deed and agreement for sale.
Ans.
Difference Between Sale Deed and Agreement for Sale:
1. Nature of Document:
 Sale Deed: A sale deed is a legal document that signifies
the immediate transfer of property ownership from the
seller to the buyer. It is executed on the actual day of the
property sale.
 Agreement for Sale: An agreement for sale is a contract
that indicates the willingness of both parties to buy or sell
the property in the future upon certain conditions being
met. It does not involve an immediate transfer of
ownership.
2. Transfer of Property:
 Sale Deed: In a sale deed, the property titles are
immediately transferred to the buyer, indicating complete
ownership.
 Agreement for Sale: The agreement for sale implies a
future transfer of the property, with ownership rights being
transferred at a later date upon fulfillment of specified
conditions.
3. Risk and Liability:
 Sale Deed: Once a sale deed is executed, all risks and
liabilities associated with the property are immediately
transferred to the new buyer.

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  Agreement for Sale: The seller remains liable for all risks
and liabilities until the property is transferred, providing a
level of protection to the buyer until ownership is
transferred.
4. Contract Status:
 Sale Deed: A sale deed is an executed contract, meaning
that the terms and conditions have been fully implemented
at the time of signing.
 Agreement for Sale: An agreement for sale is an
executory contract, indicating that the terms are agreed
upon but not fully implemented at the time of signing.
5. Violation Consequences:
 Sale Deed: Breach of a sale deed results in legal
complaints and monetary compensation for damages
incurred due to the violation.
 Agreement for Sale: Breach of an agreement for sale may
lead to a suit for damages and termination of the contract,
with the possibility of recovering advance payments.

Q.6 Write a detailed note on: Lease Deed.

Ans.
(A) Lease
1) Section 105 defines lease. Lease is a transfer of 'right of enjoyment’
of an immovable property made for a certain period, in consideration
of a price paid or promised to be paid or, money, share of crops,
service or any other thing of value to be given periodically or on
specified occasions to the transferor by transferee.
2) As is evident from the definition, lease is not a transfer of
ownership in property, it is transfer of an interest in an immovable

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property. The interest is the ‘right to use or enjoy the immovable
property’.
3) Since 'interest’ in an immovable property is considered as property,
lease is a transfer of property.
4) However, lease is a transfer of only a partial interest. It is not a
transfer of absolute interest.
5) Lease contemplates separation of right of possession from the
ownership.
6) The interest which is transferred is the right of enjoyment of
property for fixed period on payment of some consideration in cash or
kind.
7) The transferor is called lessor and the transferee is called lessee.
8) In common language the lessor is usually called landlord and the
lessee is known as tenant. Price is called premium and the money,
share, service or other things so given is called the rent.
9) The Supreme Court of India has stated essential elements of ‘lease’
in the case of B Arvind Kumar v Govt of India. They are as follows:
(a) There should be a transfer of a right to enjoy an
immovable property by the transferor;
(b) Such transfer may be for a certain term or in perpetuity;
(c) The transfer should be in consideration of a premium or
rent;
(d) The transfer should be a bilateral transaction, the
transferee accepting the terms of transfer.
10) Three types of leases are recognized by the Transfer of Property
Act, 1882: (i) leases for a certain time; (ii) periodic leases; and (iii)
leases in perpetuity.

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(B) Lease Deed:
1) A lease deed is a legal document that outlines the terms and
conditions of a lease agreement between a landlord (lessor) and a
tenant (lessee) for leasing out a particular property.
2) A lease deed specifies the terms, duration, rent, and other relevant
details.
3) Unlike a sale deed, a lease deed does not transfer ownership but
grants the right to use the property.
4) Registration of lease deed is mandatory if the lease period exceeds
one year.
5) Unregistered lease deeds are not legally valid and cannot be
enforced in court. Registration provides public notice and prevents
fraud.
6) A lease deed does not imply mandatory sale. It grants the right to
use, not ownership. Hence, the lessee has no obligation to purchase
the property after the lease term ends.
7) Components / Essential elements of a Lease Deed:
o Parties Involved: The lessor (landlord) and the lessee
(tenant) both are clearly identified.
o Property Description: There is a precise description of
the property being leased.
o Lease Duration: The lease term is specifically mentioned
(e.g., years, months).
o Rent and Payment Terms: The agreed-upon rent and
payment schedule is inserted in the deed.
o Rights and Obligations: The rights and responsibilities of
both parties are adequately listed.
o Termination Clause: Include provisions for early
termination or renewal.

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 o Dispute Resolution: The method for resolving disputes is
specified.
o Registration Details: Address the need for registration
(mandatory for leases exceeding one year).
8) Legal Benefits of a Lease Deed:
o Legal Validity: A registered lease deed is legally
recognized and enforceable.
o Evidence in Court: It serves as evidence in case of
disputes or litigation.
o Clarity and Protection: Clearly outlines the rights and
obligations of both parties, thereby reducing the chances of
disputes.
o Tax Implications: Registered lease deeds are essential for
tax purposes.
o Collateral Transactions: A registered lease deed supports
collateral transactions (e.g., loans).

Q.7 Write a detailed note on: Leave and License

Ans.
1) A leave and license agreement is a legal contract between a licensor
(property owner) and a licensee (tenant) that permits the licensee to
occupy the licensor's property for a specified period without
transferring any ownership interest.
2) This agreement is commonly used in rental housing and differs
from a lease agreement as it does not grant any interest to the tenant.
3) The Indian Easements Act, 1882 (under section 52) forms the basis
for a leave and license agreement, granting restricted rights or the
license to use the property without transferring any interest in it.

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4) The agreement allows the licensor to maintain control over the
property. It also provides a straightforward process for termination
with advance notice, ensuring flexibility for both parties.
5) The leave and license agreement comes within the ambit of the
Maharashtra Rent Control Act, 1999, and ensures that a landlord can
rent out his property to a tenant for a specified period.
6) A leave and license agreement does not imply the sale of the
property; it only grants the licensee the right to use the property
temporarily without any transfer of ownership.
7) Essential Components of a Leave and License Agreement:
i. Party Details: Identify the licensor and licensee by including
their full legal names, addresses, and contact information.
ii. Property Description: Provide a detailed description of the
licensed property, including its address, specific unit or area, and
any unique features.
iii. License Duration: Specify the duration of the license or the
agreed-upon lease term.
iv. Rent and Deposit: Clearly state the rent amount and any
security deposit.
v. Maintenance Responsibilities: Define who is responsible for
property maintenance.
vi. Renewal and Termination Terms: Include provisions for
renewal and termination.
vii. Witness Signatures: Signatures of two witnesses are usually
required
8) The agreement must be registered with the Office of the Sub-
registrar. The responsibility of getting it registered lies with the

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licensor. In some states, such as Maharashtra, registration is required
even for terms below one year.

Q.8 Explain the difference between lease deed and Leave &
Liscense Agreement.
Ans.
Following are the differences between lease deed and Leave &
Liscense Agreement:
1) Transfer of Interest:
 Lease Deed: Involves the transfer of an interest in the
property to the lessee for a specified term, creating a legal
right akin to ownership.
 Leave & License Agreement: Does not transfer any
interest in the property; it grants temporary rights to
occupy without any ownership transfer.
2) Transferability and Heritability:
 Lease Deed: Lease agreements are transferable and
heritable, allowing the lessee to transfer or inherit the
rights to the property.
 Leave & License Agreement: Leave and License
agreements are neither heritable nor transferable,
providing limited rights to the licensee.

3) Revocability:
 Lease Deed: Typically irrevocable by the landlord as the
lessee has actual possession of the property, ensuring
stability for the lessee.

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  Leave & License Agreement: The licensor can revoke the
agreement against the interest of the licensee, offering
more flexibility to the licensor.
3) Effect of Sale:
 Lease Deed: Unaffected by the sale of the property to a
third party, continuing until the tenancy period ends,
providing security to the lessee.
 Leave & License Agreement: Terminates immediately if
the property is sold to a third party, ending the licensee's
rights abruptly.

4) Interest Creation:
 Lease Deed: Creates an interest in the property in favour
of the lessee, granting substantial rights akin to ownership.
 Leave & License Agreement: Does not create any interest
in the property, only providing temporary rights to occupy
without ownership rights.

5) Stamp Duty and Registration:

 Lease Deed: Requires stamping and registration, with
higher stamp duty compared to Leave & License
Agreements.
 Leave & License Agreement: May not require
registration in some states, with lower stamp duty
compared to Lease Deeds.

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Q.9 Explain in detail: Gift Deed.
Ans.
(A) Gift:
1) Gift is transfer of ownership without consideration.
2) Transfer without consideration is called a gratuitous transfer.
3) A gratuitous transfer that take place between two living persons is
governed by section 122 of the Transfer of Property Act of 1882.
4) According to section 122 of the Transfer of Property Act of 1882,
“Gift” is defined as the transfer of certain existing movable or
immovable property made voluntarily and without consideration by
one person, called the donor, to another person, called the donee; and
accepted by or on behalf of the donee. Such acceptance must be made
during the lifetime of the donor and while he is still capable of giving.
If the donee dies before the acceptance, the gift is void.
5) Donor must be a competent person to transfer. For competency, the
donor must have the capacity and the right to make gift. If the donor
has the capacity to contract, he is deemed to have the capacity to
make gift.
6) Donee need not be competent to contract. Donee may be any
artificial (juristic) or natural person in existence at the date of making
of gift. A gift made to minor or insane person or even in favour of a
child in mother’s womb is valid, provided it is lawfully accepted by a
competent person on his (her) behalf.
7) The essential elements (characteristics) of a valid gift are:
(a) there must be a transfer of ownership of a property.
(b) the property must be in existence.
(c) the transfer must be voluntarily made and without
consideration.
(d) the property must be accepted by or on behalf of the person to
whom it is transferred.
(e) the transfer must be effected in the manner prescribed by law.

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(B) Gift Deed:
1) A gift deed is a written legal instrument that transfers ownership of
property from one individual (the donor) to another (the donee)
without any monetary consideration. It is a voluntary transfer of
property rights, often used for gifting real estate or other valuable
assets.
2) Unlike a sale, where consideration (payment) is involved, a gift
deed signifies a voluntary transfer of property rights without any sort
of consideration.
3) The primary purpose of a gift deed is to legally establish the
transfer of ownership and protect the interests of both parties
involved.
4) Essential components / Basic elements of a gift deed include:
 Parties Involved: Clearly identify the donor (person giving the
gift) and the donee (recipient) must be clearly identify
 Property Description: Precisely describe the property being
gifted.
 Voluntary Transfer: The gift must be made willingly, without
any consideration.
 Acceptance: The donee must accept the gift during the donor’s
lifetime.
5) Legal Benefits of Making a Gift Deed:
 Legal Recognition: A gift deed is a legally binding document
that establishes the transfer of ownership rights from the doner
to the donee, providing legal recognition to the property
transferred.
 Tax Benefits: Gifting property can help reduce the donor’s
taxable estate.
 Avoiding Legal Disputes: Prevents future disputes or claims on
the gifted property.
 Estate Planning: Facilitates passing on assets to heirs per the
donor's wishes.

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  Emotional Significance: Symbolizes intentions and love for the
recipient
6) Registering the gift deed ensures legal validity, prevents disputes,
and provides evidence of transfer. Section 17 of the Registration Act,
1908, mandates compulsory registration of gift deed.

Q.10 Write in detail about: Exchange deed.

Ans.
(A) Exchange:
1) Section 118 of the Transfer of Property Act, 1882 defines
"exchange" as—
(a) when two persons mutually transfer the ownership of one
thing for the ownership of another,
(b) neither thing nor both things being money only, the
transaction is called an exchange.
A transfer of property in completion of an exchange can be made only
in manner provided for the transfer of such property by sale.
2) Transfer of ownership for consideration of money or price is sale.
Transfer of ownership without consideration is gift. Transfer of
ownership of a property for consideration of ownership of another
property is exchange.
3) Exchange is, therefore, a transfer where a property is 'changed'
with another property.
4) These provisions are applicable to exchanges of both the movable
and immovable properties.
5) Where along with the ownership of a property some money is also
given in addition, such transfer is included in exchange. For e.g.,
transfer of ownership of a house worth Rs.50,00,000/- in return of

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transfer of ownership of a motor-car worth Rs. 40,00,000/- along with
Rs. 10,00,000/- in cash is a transfer by way of exchange.
6) Oral exchange is not permissible in view of section 49 of the
Registration Act, 1908.
7) The characteristic features of Exchange are:
(I) Transfer of Ownership-
i) Exchange involves transfer of ownership in some existing
property.
ii) In exchange, absolute interest of the owner is transferred.
Hence, when a lessee surrenders a lease and lessor grants
another lease to him in consideration of such surrender, the
transaction is not an exchange.
(II) Properties Need not be Immovable-
ii) Both properties which are the subject-matter of exchange,
need not be immovable. The properties may be both movable
and immovable
iii) Ownership in immovable property may be transferred in
return of ownership in movable property and vice versa.
(III) Exchange includes Barter:
i) Transfer of ownership in some movable property in
consideration of transfer of ownership in another movable
property is technically called barter.
ii) Definition of exchange given in this section includes barter.
iii) Where both the properties are movable, Section 120 of this Act,
which deals with rights and liabilities of the parties will apply and
relevant provisions of the Sale of Goods Act may also apply.

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(IV) Mode of Transfer:
i) Second paragraph of Section 118 provides that an exchange can
be made only in the manner in which a sale is effected.
ii) Thus, the transfer by way of exchange must be completed with
the same formalities as are required for completion of sale under
Section 54 of this Act.

(B) Exchange Deed:

1) An exchange deed is a legal instrument that is used to transfer
ownership of property from one party to another in consideration of
ownership of another’s property.
2) In simple words, Exchange Deed formalizes the mutual exchange
of ownership between two parties.
3) An exchange deed does not imply the sale of property; it is a
transfer of ownership and rights between two parties.
4) This is because, unlike a sale, where monetary consideration is
involved, an exchange deed signifies a mutual transfer of property
rights.
5) Benefits of an Exchange Deed:
1. Legal Validation: An exchange deed serves as a legally binding
document that validates the exchange of movable or immovable
properties between two parties.
2. Transfer of Rights: As per Section 54 of the Transfer of
Property Act, an exchange deed claims to transfer rights in
immovable property, which requires registration with the office
of the registrar of assurance.

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 3. Taxation and Stamp Duty: An exchange deed can help save on
stamp duty compared to a sale transaction, as it is considered a
transfer rather than a sale.
4. Income Tax Implications: The exchange of immovable
property has income tax implications, with different rules
applying depending on the holding period of the property.
5. Exemption on Capital Gains: Exchanging a residential
property can provide tax exemptions under Section 54 of the
Income Tax Act, while exchanging commercial property or land
for a residential property may require an investment in capital
gain bonds under Section 54EC to claim exemption
6) Essential Components / Basic elements of an Exchange Deed:
 Identification of Parties: Clearly identify the parties
involved—the transferor (giving up ownership) and the
transferee (receiving ownership).
 Property Details: Describe the properties being exchanged,
including their location, boundaries, and any encumbrances.
 Consideration: Specify any monetary consideration (if
applicable) accompanying the exchange.
 Mutual Agreement: Both parties must mutually agree to the
exchange terms.
 Signatures and Witnesses: The deed should be signed by both
parties and witnessed by at least two witnesses.
 Recitals: These are statements that authenticate the title and
status of each party to the deed, providing a legal context to the
transaction
 A statement that mentions the property transaction to be an
exchange.

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Q.11 Explain in detail: Mortgage
Ans.
(A) Mortgage:
1) Loans may be secured or unsecured. Unsecured loans are loans that
are not backed by any security or collateral. On the other hand,
secured loans are a type of borrowing where the borrower provides
any security or collateral as a guarantee for the repayment of his
money (debt).
2) Where the loan is secured against some immovable property of the
debtor, it is called mortgage.
3) According to section 58 of the TP Act of 1882, a mortgage is the
transfer of an interest in some specific immovable property for the
purpose of securing the—
(a) payment of money advanced or to be advanced by way of
loan,
(b) an existing or future debt, or
(c) the performance of an engagement
which may give rise to a pecuniary liability.
4) A person who takes a loan and gives some security for repayment
of the loan in the form of transfer of some interest in any immovable
property, it is called a mortgage of property.
5) The ownership of the property remains in the debtor but some of
his interests in the property are transferred to the creditor who has
given loan.
6) In case the advanced money could not be recovered by the creditor
he can recover his money on the basis of his interest in the debtor’s
property. Therefore, it may be said that mortgage is for the security of
the creditor.

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7) In order to constitute a mortgage, the following elements must be
present in the transaction:
a. There must be transfer of an interest- In a mortgage
there is transfer of only an interest gf the immovable
property. There is no-transfer of absolute interest or
ownership. The ‘interest’ is transferred in favour of the
mortgagee who advances the money as loan to the
mortgagor. It is the ‘interest of property’ which gives him
(mortgagee) the right to recover his money from
mortgagor's property, in case the mortgagor fails to repay
the loan.
b. The interest transferred must be in some specific
immovable property- The property which is being
mortgaged must be specific immovable property. The
immovable property must be specifically mentioned in the
deed. That it is to say, it must be mentioned in a reasonably
certain manner so that it can be identified as to which
property has been mortgaged.
c. The purpose of transfer of interest must be to secure
payment of any debt or, performance of an engagement
which may give rise to a pecuniary liability- The last
essential element of mortgage is its purpose. The purpose
of mortgage must be to secure a debt. Mortgage is a
transfer of property supported with some consideration;
the consideration of mortgage is to secure a debt.
Mortgagor transfers the interest in his property to
mortgage specified as security for repayment of some kind
of loan taken by him.

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(B) Mortgage Deed:
1) A mortgage deed is a legal document that outlines the terms and
conditions related to a mortgage. It serves as evidence of the interest
transferred to the mortgage holder (mortgagee).
2) In simpler terms, a mortgage deed establishes the rights and
obligations of both the borrower (mortgagor) and the lender
(mortgagee) concerning the property.
3) A mortgage does not imply a sale of property. Instead, it involves
transferring interests in a specific property to secure a loan. The
mortgagor retains ownership, but the mortgagee has a lien on the
property.
4) Legal Benefits of a Mortgage Deed:
o Security for Loan: The mortgage deed provides security
to the lender. If the borrower defaults on the loan, the
lender can recover the outstanding amount by selling the
mortgaged property.
o Interest Determination: The mortgage deed helps
determine the loan amount and the applicable interest rate.
It ensures transparency in the borrowing process.
o Possession Rights: If specified in the contract, the
mortgagee has the legal right to take possession of the
property in case of default.

5) Essential Components of a Mortgage Deed:

o Parties: The mortgage deed must mention the names and
addresses of both the borrower (mortgagor) and the lender
(mortgagee).

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 o Description of the Property: Clearly identify the property
being mortgaged.
o Loan Amount and Interest Rate: Specify the sanctioned
loan amount and the applicable interest rate.
o Repayment Terms: Outline the repayment schedule,
including the number of installments, frequency, and due
dates.
o Recital: Provide background information about the
transaction.
o Habendum: Define the rights and interests transferred to
the mortgagee.
o Covenant for Repayment: Detail the borrower’s
obligation to repay the loan.
o Mortgage Clause: Specify the conditions under which the
mortgagee can enforce the lien.
o Possession: Address possession rights during the mortgage
term.
o Title Deeds: Mention the title documents related to the
property.
o Insolvency: Cover situations where the borrower becomes
insolvent.
o Redemption Clause: Describe the process for redeeming
the property after loan repayment.
o Attestation and Stamp Duty: Ensure proper execution
and stamping of the deed.
6) Registration of a mortgage deed is essential to give it legal validity.

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Q.12 Define Mortgage. Explain various types of mortgages.
Ans.
(A) Simple Mortgage:
1. The mortgagor does not deliver possession of the mortgaged
property.
2. The mortgagor binds himself personally 1o pay the mortgage
money.
3. If the mortgagor fails to pay according to the contract, then the
mortgagee is entitled to cause the mortgaged property to be sold.
4. The proceeds of sale are to be applied, so far as may be
necessary, in payment of the mortgage money.

(B) English mortgage:

1. The mortgagor binds himself to repay the mortgage money on a
certain date,
2. The mortgagor transfers the mortgaged property absolutely to
the mortgagee.
3. There is a covenant that the mortgagee will retransfer the
property to the mortgagor upon payment of the mortgage money
as agreed.
4. The mortgagee can exercise the right of sale in case of
mortgagor’s default.

(C) mortgage by conditional sale:

1. The mortgagor ostensibly sells the mortgaged property.
2. On the condition that on default of payment of the mortgage
money on a certain date, the sale shall become absolute, or
3. On the condition that such payment being made, the sale shall
become void, or

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 4. On such payment being made, the mortgage property is to be
retransferred.
5. The said transaction must be stated in the mortgage deed.
6. The mortgagee, thus, in case of default can exercise the right of
foreclosure.

(D) Usufructuary mortgage

1. The mortgagee is put in possession of the mortgaged property as
an essential part of the transaction.
2. The mortgagee continues to remain in possession of the property
till the payment of the mortgage money.
3. The repayment is to be made from the rents and profits of the
property.
4. The property is returned when the amount due is personally paid
or adjusted towards the rents and profits received.

(E) Mortgage by deposit of title deeds

Mortgage by deposit of title deeds is also called an equitable
mortgage. The peculiar features of this kind of mortgage are:
1. This mortgage is created where a person in any of the following
towns, namely the towns of Calcutta, Chennai, and Mumbai and
in any other town which the state government may, by
notification in the Official Gazette, specify, in this behalf.
2. The mortgagor or his agent delivers to the mortgagee all the
documents of tile deed with intention to create a security thereon
is a mortgage by deposit of title deeds.
3. There is no delivery of possession of property in this kind of
mortgage.

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(F) Anomalous mortgage
1. A mortgage which is not of any of the kinds stated herein above
is called an anomalous mortgage.
2. This mortgage is a mixture of two or more of the mortgages
above mentioned.

Q.13 Write a note on: Registration of Documents.

Ans.
1) Registration is the process of officially recording a
document with a recognized officer to safeguard its original copies
and to establish legal recognition and protection.
2) Whether a document is binding or non-binding, it should be
registered in the prescribed manner.
3) Purpose: Registration affirms the authenticity of the document and
helps prevent legal disputes.
4) The registration of documents is governed by The Registration Act,
1908, which outlines the mandatory and optional requirements for
registering various types of documents.
5) Section 17 of the Registration Act, 1908 requires mandatory
registration of certain documents. These include:
a) Gift deeds related to immovable property.
b) Non-testamentary instruments: Those creating, assigning,
declaring, or extinguishing any interest in immovable property
worth Rs. 100 or more.
c) Instruments acknowledging receipt/payment of consideration
related to immovable property rights.
d) Leases of immovable property exceeding one year or reservation
of yearly rent.

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 e) Contracts for transfer of immovable property under Section 53A
of the Transfer of Property Act, 1882 (executed after the
Registration and Other Related Laws Amendment Act, 2001).
6) Section 18 of the Indian Registration Act, 1908 requires optional
registration of certain documents. These include:
a) Adoption deeds, shares in joint stock companies, and debentures
issued by joint stock companies.
b) Wills, leases of immovable property not exceeding one year, and
past transaction documents.
c) Power of attorney related to movable property, court decrees,
and more.
7) All documents (except wills) must be presented for registration
within 4 months from the date of execution.
8) Benefits of Registration:
a) Legal Validity: Registered documents are legally valid and
enforceable.
b) Preservation: Properly registered documents are preserved and
recorded for future reference.
c) Avoiding Disputes: Registration helps prevent disputes
regarding property rights, transactions, and ownership.
d) Evidence: Registered documents serve as evidence in legal
proceedings.
e) Title Clarity: It establishes clear title to property and prevents
fraudulent claims
9) A compulsory registrable document, if unregistered, is inadmissible
only for a limited purpose mentioned in section 49(c) of the
Registration Act of 1908, namely, as evidence of a transaction
affecting immovable property comprised therein.

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Q.14 Write a detailed note on: Schedule of Property.
Ans.
1) A Schedule of Property, commonly referred to as a property
schedule, is a detailed document that provides a comprehensive
description of a property being transacted.
2) A Schedule of Property may be defined as a detailed description of
a property including its location, boundaries, and area used in legal
documents like sale deeds to provide clarity and transparency in
property transactions.
3) It serves as a vital component of legal agreements, such as sale
deeds, by outlining specific details about the property's location,
boundaries, area, and other essential characteristics that uniquely
identify the property.
4) The schedule is typically divided into three sub-schedules:
a) Schedule A: Describes the larger extent of the property,
especially relevant for apartment complexes. It includes details
about the property’s boundary, location, and overall area.
b) Schedule B: Specifies the exact unit number or identifier within
the property. This ensures proper record-keeping and individual
unit identification.
c) Schedule C: Details any undivided share of land associated with
the units being transferred. This is crucial for properties where
multiple units share common land or amenities.
5) Legal Benefits of having a Schedule of Property attached to a deed:
a) Clarity and Transparency: The Schedule of Property ensures
clarity and transparency in property transactions by providing a
detailed and precise description of the property being transacted,
reducing the likelihood of misunderstandings or disputes.
b) Identification and Verification: It serves as a unique identifier
for the property, detailing essential aspects like location,
boundaries, area, and landmarks, which helps in accurately

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 identifying and verifying the property during legal proceedings
or transactions.
c) Loan Approvals: Banks and financial institutions often refer to
the Schedule of Property when evaluating properties for loan
approvals. Having a well-defined schedule can facilitate the loan
processing by providing the necessary property specifics and
value assessment
6) Essential Components of a Schedule of Property:
a) Property Description: Includes details like location,
boundaries, area measurements, and any unique identifiers of
the property.
b) Flat Details: Specific information about individual units, if
applicable, including flat numbers, areas, and any additional
features.
c) Additional Features: Describes any extra amenities or features
associated with the property, such as parking areas, boundaries,
and other relevant details
7) The Transfer of Property Act governs the creation and execution
of sale deeds, including the schedule of property.

Q. 15 Write a note on: Covenants in the sale deed.

Ans.
1) Covenants in a sale deed refer to the legally binding commitments
made by the seller to the buyer regarding the property being
transferred.
2) These covenants serve as assurances related to the seller's
ownership rights, title quality, freedom from encumbrances and
ensuring a secure transaction for the buyer.
3) Covenants in a sale deed may be defined as contractual promises
made by the seller to the buyer regarding the property's ownership,

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title quality, freedom from encumbrances and providing legal security
in real estate transactions.
4) Legal Benefits of Covenants in the Sale Deed:
a) Title Assurance: Covenants provide assurance to buyers
regarding the seller's ownership rights and guarantee a clear and
marketable title to the property.
b) Protection from Encumbrances: By including covenants
related to freedom from encumbrances, buyers are safeguarded
against any unexpected claims or restrictions on the property.
c) Legal Recourse: In case of any breach of covenants, buyers
have legal remedies against the seller for misrepresentations or
violations of the agreed-upon terms in the sale deed.
d) Evidence in Court: Covenants serve as crucial evidence in case
of disputes.
5) Types of Covenant clauses include:
a) Covenant for Title: The seller guarantees that they have clear
and marketable title to the property being sold. This means there
are no undisclosed encumbrances, liens, or claims on the
property.
b) Covenant of Quiet Enjoyment: The buyer will have peaceful
possession and enjoyment of the property without any
interference from third parties.
c) Covenant against Encumbrances: The seller assures that there
are no existing mortgages, charges, or other encumbrances
affecting the property.
d) Covenant for Further Assurance: The seller agrees to take
necessary steps to rectify any defects in title or execute
additional documents if required.
6) Sample Draft of the Covenants:

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"In consideration of the sum of [Amount in Words] (INR [Amount in
Numbers]) paid by the Buyer to the Seller, the Seller covenants with
the Buyer as follows:
a) The Seller warrants that they have good and marketable title to
the Property and have full right to sell it.
b) The Seller guarantees that there are no encumbrances,
mortgages, or liens on the Property affecting its title.
c) The Seller undertakes not to disturb or interfere with the Buyer's
peaceful possession and enjoyment of the Property.
d) The Seller agrees to provide all necessary documents and
assistance for perfecting and ensuring clear title for the Buyer.

Q.16 Write a note on: Recitals in a deed.

Ans.
1) A recital in a deed refers to the introductory portion of a legal
document, for e.g., a sale deed, that provides background information
and context leading up to the operative part of the document.
2) It sets the stage for the main provisions of the deed and may
include essential details about the parties involved, the property being
transferred, and any relevant circumstances surrounding the
transaction.
3) A recital clause may be defined as an introductory section that
explains or leads up to the operative part of the deed, providing
context and background information for the transaction.
4) It typically includes statements that set forth facts on which the
instrument is based and may be divided into narrative recitals and
introductory recitals to clarify the purpose of the deed.
5) Types of Recitals:

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 a) Narrative Recitals: These set forth the facts on which the
instrument is based. For example, details about the property,
parties, or historical context.
b) Introductory Recitals: These explain the motive behind the
operative part. They clarify why the parties are entering into the
transaction.
6) Legal Benefits of Recitals:
a) Contextual Clarity: Recitals provide context, ensuring that the
reader understands the purpose and background of the deed.
b) Interpretation Aid: Courts often refer to recitals to interpret
ambiguous provisions within the deed.
c) Estoppel: Recitals operate as an estoppel against the parties to
the instrument. In other words, they prevent parties from
denying the facts stated in the recitals.
d) Evidence: In case of disputes, recitals serve as crucial evidence
regarding the parties’ intentions.
7) Essential Components of Recitals in a Deed:
a) Chronological Order: Arrange recitals logically, starting with
historical context and leading up to the transaction.
b) Party Identification: Clearly mention the names and roles of
the parties involved.
c) Property Description: If it’s a property-related deed, provide
detailed information about the property.
d) Purpose Statement: Explain why the parties are entering into
the transaction (e.g., sale, lease, mortgage).
e) Background Facts: Include relevant historical events or
circumstances.
8) The Transfer of Property Act, 1882 governs the creation and
execution of deeds, including the recitals within them.
9) Sample Recital Clause (for illustration purposes):
“WHEREAS, the parties acknowledge that the property described in
Schedule A has been in possession of the grantor for the past ten

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years, and the grantee desires to purchase the said property for
residential purposes.”

Q.17 Various parts/components of a conveyance deed (in general).

Ans.
(A) Name / Description of the deed:
It is usual to mention in the beginning of a deed that "This Lease",
"This deed of sale", "This deed of Mortgage" etc. The description is
usually written in capital words.

(B) Date
1) After the description, the date on which it is executed is mentioned
such as "THIS SALE DEED made on the First day of January Two
Thousand and Nine."
2) In terms of the provision of the Indian Registration Act, the deed
shall take effect from the date of its execution. In case where a deed is
executed by different parties on different dates, the last of such date is
regarded as the date of the deed.

(C) Parties to the Deed

1) It is one of the most important components a deed without which
the existence of any instrument is not possible.
2) Since the transaction takes place between two or more parties, the
description of the parties is the most essential part of the deed.
3) The date is followed by the names and description of the parties to
the deed. Necessary and proper parties should be mentioned in the
deed.
4) Persons, whose interest is involved in the transaction are necessary
parties and, therefore, their names along with full description must be

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mentioned in the instrument. If the name of any such person is
omitted, the instrument shall not be binding upon him and the
instrument in question would not be a valid document due to an
omission of necessary and proper party.
5) A party to a transfer need not be a living person or individual but
may be a company or Association or corporation, Minors, Trustees,
Firm etc.

(D) Recitals
1) Under the heading ‘Recitals’ the facts of the transaction are
narrated in a chronological order.
2) Types of Recitals:
a) Narrative Recitals: These set forth the facts on which the
instrument is based. For example, details about the property,
parties, or historical context.
b) Introductory Recitals: These explain the motive behind the
operative part. They clarify why the parties are entering into the
transaction.
3) Recitals begins with the word "whereas”, but, when there are
several recitals, either prefix the word "whereas” before every one of
them by beginning the next and subsequent ones with the words "And
whereas" or divide the recitals into numbered paragraphs with the
word "whereas” at the top.

(E) Testatum
1) A Witnessing clause is termed as "testatum".
2) Operative portion of a deed starts with ‘testatum’ which is a
witnessing clause and begins with the words "Now this deed
witnesses".

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3) However, if the deed is intended to serve several objects, the words
used are:
"Now this deed witnesses as follows:”
4) Testatum is the beginning of the operative portion of a deed.

(F) Consideration
1) It is an inducement, price or motive that cause a party to enter into
an agreement or a contract.
2) The consideration should be mentioned in the deed.
3) Valuable consideration is the basis of legal obligation. It may be
money or money’s worth or it may be the doing or forbearance from
doing something.
4) Sample Consideration Clause in a Deed:
"This deed acknowledges that the consideration for the transfer of
[Property Description] from [Seller's Name] to [Buyer's Name] is the
sum of [Purchase Price] paid by the Buyer to the Seller. This
consideration represents the value exchanged between the parties as
part of this real estate transaction."

(G) Receipt
1) The receipt of consideration is made within parenthesis in the deed.
2) If part consideration has been paid and the balance is being paid at
the time of execution of deed, the fact should be stated in the receipt
clause.
3) An example of a receipt clause in a deed could be as follows:
"This deed confirms that [Seller's Name] has received the full
purchase price from [Buyer's Name], signifying the completion of the
transaction and transfer of legal and equitable titles in the property to
the buyer. This receipt clause serves as prima facie evidence of

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payment of consideration and operates as a sufficient discharge to the
person paying."

(H) Operative Words:

1) An operative words clause in a deed refers to the essential words or
phrases within a legal document, particularly in agreements or
documents related to property ownership transfers.
2) These words are crucial as they explain or fulfil the main purpose
of the text, such as transferring the title of land or creating an interest
in land.
3) In real estate transactions, the operative words clause plays a
significant role in clearly outlining the intentions and actions that lead
to the legal transfer of property rights.
4) An example of an operative words clause in a deed could be as
follows:
“In consideration of the mutual promises herein made, the Seller
hereby conveys and transfers all rights, title, and interest in the
property located at [Property Address] to the Buyer.”
The operative words 'conveys and transfers' signify the intent to
transfer ownership from the Seller to the Buyer, thereby effecting a
legal transfer of the property.

(I) Parcel
1) This is a technical term which ‘means description of the actual
property transferred.
2) If the description of the property is short one, it may be
incorporated in the body of the deed but if it is a long one then it is to
be given in detail in a schedule at the foot of the deed.
3) The form of description should be given in such a manner and with
certainty to enable the exact identification of the same.

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(J) General words
1) A general words clause in a deed refers to a section that includes
terms or expressions that are not specifically defined within the
document but are given meaning based on other legal statutes or acts.
2) This clause typically states that terms not expressly defined in the
deed will carry the meanings assigned to them in relevant legal acts or
statutes.
3) It serves to provide clarity and ensure that all terms used in the
deed are interpreted in accordance with established legal definitions.
4) An example of a general words clause in a deed could be as
follows:
"Any terms or expressions not explicitly defined in this deed shall
carry the meanings assigned to them in the Indian Sale of Goods Act,
1930, the Indian Contract Act, 1872, or the General Clauses Act,
1897, as amended, depending on the context.”

(K) Exceptions and Reservations:

1) This clause contains exceptions and reservations, if any, in respect
of the property transferred.
2) An exception is something in existence at the date of transfer of the
property which would pass with the property, if not expressly
excepted. Exception means exclusion of anything which is not
intended to be transferred along with the property.
3) A reservation is something not in existence at the date of the
transfer but is newly created by the grant e.g. when the vendor
reserves a right of way over the property.

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(L) Habendum
1) A habendum clause in a deed is a critical section that defines the
rights, interests, and duration of ownership granted to the grantee or
lessee in a property transfer agreement.
2) This clause outlines the specific terms under which the property is
held, including the type of interest conveyed, any restrictions, and the
duration for which the rights are granted.
3) It plays a vital role in real estate transactions by clarifying the
extent of ownership and usage rights associated with the property.
4) An example of a habendum clause in a deed could be as follows:
"TO HAVE AND TO HOLD the premises for a term of twenty (20)
years commencing on the Effective Date, subject to compliance with
all covenants and conditions contained herein. The grantee shall have
full rights to possess, use, and enjoy the property during this term,
subject to governmental laws and regulations. Upon expiration of the
term, ownership reverts back to the grantor unless otherwise agreed
upon."

(M) Covenants
1) Covenants in a sale deed refer to the legally binding commitments
made by the seller to the buyer regarding the property being
transferred.
2) These covenants serve as assurances related to the seller's
ownership rights, title quality, freedom from encumbrances and
ensuring a secure transaction for the buyer.
3) Covenants in a sale deed may be defined as contractual promises
made by the seller to the buyer regarding the property's ownership,
title quality, freedom from encumbrances and providing legal security
in real estate transactions.

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(N) Testimonium Clause
1) This is the last and final clause of a deed which sets forth the fact
of the parties having signed the deed.
2) The testimonium clause acts as evidence that the document was
properly executed and witnessed, helping to establish its authenticity
and validity in legal proceedings.
3) It is written in the following form: "In witness whereof the parties
hereto have set their respective hands and seals this ____ day of this
_____ (month) and _______(year) first above written."

(O) Signature and Attestation

At the end, the deed should bear the signatures of the parties and also
of the attesting witnesses.

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 Answer in One Sentence
Q.1 What is a deed? What is a conveyance deed? What is the
difference between the two?
Ans.
Definition of a Deed:
- A deed is a legal document that signifies the transfer of ownership or
interest in a property from one party to another. It is a written
instrument signed by all involved parties and often requires witnesses
for validity.

Definition of a Conveyance Deed:

- A conveyance deed is a specific type of deed used to transfer the
title, ownership, rights, and interests in a property from one person to
another. It is a contract where the seller transfers all rights to the
buyer, ensuring the completion of property transactions.

Difference Between a Deed and a Conveyance Deed:

**Deed:** A deed is a broad term encompassing various legal
documents used to transfer ownership or interest in a property. It can
include conveyance deeds, gift deeds, exchange deeds, mortgage
deeds, lease deeds, and more.
**Conveyance Deed:** On the other hand, a conveyance deed is a
specific type of deed focused on transferring ownership rights in a
property from one party to another. It is essential for completing
property transactions and ensuring the legality of the transfer.

In summary, while all conveyance deeds are deeds, not all deeds are
conveyance deeds. A conveyance deed serves the specific purpose of
transferring ownership rights in real estate transactions, highlighting

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its importance in ensuring the legal transfer of property from seller to
buyer.

Q.2 What is the objective of executing a mortgage deed?

Ans.
1) The objective of executing a mortgage deed is to establish a legally
binding agreement between a borrower (mortgagor) and a lender
(mortgagee) regarding a loan secured by real estate.
2) By executing a mortgage deed, the parties define the terms and
conditions of the mortgage agreement, including the loan amount,
interest rate, repayment terms, and the property used as collateral.

Q.3 Is it compulsory to attest all deeds? Explain.

Ans.
1) Attestation refers to the process of witnessing and verifying the
execution of a legal document. It involves the presence of witnesses
who observe the signing of the deed and confirm its authenticity.
2) It is not compulsory to attest all deeds. Attestation requirements
vary depending on the type of deed and the legal jurisdiction. While
some deeds, like wills, gift deeds, lease deeds, etc. may require
attestation by witnesses to ensure validity and authenticity, other
deeds may not have such a mandatory requirement.

Q.4 What is a covenant against encumbrance in a sale deed

Ans.
1) A covenant against encumbrance in a sale deed is a promise made
by the seller (grantor) to the buyer (grantee) that there are no
undisclosed encumbrances on the property being sold.

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2) Encumbrances refer to any claims, liabilities, or restrictions on the
property that could affect its title or value.
3) By including a covenant against encumbrances in a sale deed, the
seller guarantees that the property is free from any burdens that could
diminish its value or impede its transfer.

Q.5 Is it mandatory to add introductory recital in a deed?

Ans.
1) Regarding the introductory recital in a deed, while it is not
mandatory to include an introductory recital in a deed, it is a common
practice to provide an introductory statement that sets out the basic
details of the transaction and identifies the parties involved.
2) This introductory recital helps in clarifying the purpose and context
of the deed but is not a legal requirement for its validity.

Q.6 Where is the deed registered?

Ans.
The deed is registered in the office of the Sub-Registrar.

Q.7 What is conveyancing?

Ans.
1) In law, conveyancing is the transfer of legal title of real property
from one person to another, or the granting of an encumbrance such as
a mortgage or a lien.
2) A typical conveyancing transaction has two major phases: the
exchange of contracts (when equitable interests are created) and
completion (also called settlement, when legal title passes and
equitable rights merge with the legal title).

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Q.8 Define license.
Ans.
Section 52 of the Easement Act of 1882, defines a ‘licence’ as a right
granted by one person to another to do something in or upon the
grantor’s immovable property, which act would in the absence of such
a right be unlawful.

Q.9 Define the term “document”.

Ans.
The word "document" denotes any matter expressed or described
upon any substance by means of letters, figures or marks, or by more
than one of those means, intended to be used, or which may be used,
as evidence of that matter.

Q.10 Define Testimonium Clause.

Ans.
1) This is the last and final clause of a deed which sets forth the fact
of the parties having signed the deed.
2) It is written in the following form: "In witness whereof the parties
hereto have set their respective hands and seals this ____ day of this
_____ (month) and _______(year) first above written."

An Ashutosh Shastri Crea on