PRACTICAL FILE ON

DRAFTING, PLEADING & CONVEYANCING

SUBMITTED TO: SUBMITTED BY:

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 Drafting

Drafting, pleadings and conveyancing are the terms,

which are most often used in the court proceedings
and registration departments between advocates and
clients, advocates and courts, advocates and
opponents’ advocates. Though these terms look
synonymous but each has distinct meaning and
distinct features.

Drafting and its meaning

Drafting in simple words means making a draft of

something or making a rough copy of a document of
putting one’s own idea in writing or an act of writing
of document.
Drafting may also be defined as the synthesis of law
and fact
and language
Form. All are three the characteristics of drafting.
“Legal drafting” can be defined as the crystallisation
and expression of a legal right, Privileges, functions,
duty, or status in a definitive form. legal drafting
generally implies, drafting of a deed ,instrument or
document which intent to regulate the relationship
between the parties. Drafting of any matter is an art.

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 Importance of drafting in litigation

 It helps in meetings the clients’ s goal and carry

out the goals and Instructions.
 It helps in maintaining the standard of care which
protects the interest of the client.
 It helps in accurately addressing all the relevant
legal and factual issues.
 Precedent forms an essential part of drafting
and same can be very helpful in litigations.

Pleadings

Pleadings are foundation of the litigation process,

setting the stage for the trial by outlining the
respective claims and defences of the parties
involved. The primary purpose of pleadings is to
clearly define the issues in contention, enabling the
court to adjudicate effectively.

 Order VI of the Civil Procedure Code, 1908

(CPC) specifically deals with pleadings, establishing
the rules for their structure, content, and
amendment.

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 Plaint

A plaint is a legal document that contains the claims

made by the plaintiff when they bring a case to a civil
court. It’s the first step in starting a lawsuit. The Code
of Civil Procedure, 1908 (hereinafter referred to as
“CPC”) has served as the foundation of civil litigation
in India and has been a guiding light for how civil suits
are filed, managed and adjudicated. One of the key
elements of the CPC is the concept of a plaint, which
is a legal document that initiates a suit.

Introduction
The Code of Civil Procedure, 1908 (hereinafter
referred to as “CPC”) has served as the foundation of
civil litigation in India and has been a guiding light for
how civil suits are filed, managed and adjudicated.
One of the key elements of the CPC is the concept of a
plaint, which is a legal document that initiates a suit.
It is the first step that helps the aggrieved party bring
an action before the court seeking justice. It is the
plaint that outlines the case of the plaintiff and
provides for the remedies sought by the aggrieved
party. Have you ever wondered what the significance
of a plaint is and why it is an essential element of
legal proceedings? The article dives into the concept
of plaint as outlined and elaborated in the CPC and
deals with the essential elements of the same one by
one. Furthermore, it highlights the common errors
that are made while drafting a plaint, thus offering
invaluable insights that must be kept in mind while
drafting a plaint.
A well drafted plaint is extremely important, as it
forms the backbone of a civil proceeding. Therefore, it
is crucial that it complies with the formal
requirements and is devoid of any errors that can
have adverse effects.

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 IN THE COURT OF CIVIL JUDGE, SAKET, DELHI
Suit No. /2024
Date of institution of the
suit: IN THE MATTER OF:
A, s/o , r/o ……. Plaintiff
Versus
B, s/o ,r/o ………. Defendant
SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT
The above named plaintiff respectfully showed:
[Link] the plaintiff is a government servant in Delhi
and that the defendant is a property dealer with
his office in Saket, Delhi.
[Link] the details of the property are as follows: It is
situated to the east of the road, facing the wall of
the colony in the south, and is number 125.
[Link] the total value of the plot to be paid by the
plaintiff to the defendant is Rs. 50,00,000 (fifty
lakh rupees only), as agreed upon by both parties
under the contract.
[Link] the defendant has accepted a payment of Rs.
20,00,000 (twenty lakh rupees only) through
cheque number of the State Bank of India, Saket
Branch. The payment was made at the time of the
contract. Further, the plaintiff promised to pay the
remaining amount of Rs. 30,00,000 (thirty lakhs
only) to the defendant upon the completion of the
registry of the plot.
[Link] the defendant is refusing to accept the
remaining payment. Subsequently, the plaintiff
sent a legal notice to the defendant with respect
to the same, and the defendant replied with an
excuse to transfer the plot.
[Link] the cause of action arose when the
defendant refused to convey the said plot to the
plaintiff as per the terms of the contract.

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[Link] the contract between the disputing parties
was entered into in Delhi and the suit property
is situated in

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 Delhi. Hence, this court has the jurisdiction to try
this matter.
[Link] the value of the subject matter of the suit is
Rs. 30,00,000 (thirty lakhs only), and the same
has been attached as a court fee for the purpose
of the jurisdiction of the court.
[Link] the suit is well within the period of limitation.
10. That no suit on the same cause of action is
instituted or pending before any other court.
PRAYER
The plaintiff therefore humbly prays for the following:
[Link] court is pleased to order the defendant to
perform his part of the contract by accepting the
remaining payment and conveying the property to
the plaintiff.
[Link] the plaintiff be allowed to dispose of the
balance consideration in court.
[Link] the defendant be ordered to pay costs to the
plaintiff.
[Link] the defendant be ordered to pay to the
plaintiff any other relief as the court may deem fit
and proper.
Signature Signature
(Advocate) (Plaintiff)
Place:
Date:

VERIFICATION
I, “A”, the above named Plaintiff do solemnly declare
that what is stated in Paras 1, 2, 3, 4, and 5 are true
to my knowledge and the contents of remaining Paras
5,6,7,8,9 and 10 are stated on the basis of my
information and belief and are according to legal
advice from my advocate which I believe to be true.
Place: Signature
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Date: (Plaintiff)

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IN THE COURT OF CIVIL JUDGE, SAKET, DELHI

Suit No. / 2024

Date of institution of the
suit: IN THE MATTER OF:
A,s/o ,r/o …….Plaintiff
Versus
B,s/o ,r/o ………..Defendant
AFFIDAVIT
I, “A”, do hereby solemnly affirm and declare as under:
[Link] I am the deponent in the above mentioned
suit, and I am well conversant with the facts of the
case and thus, swear the contents of the affidavit.
[Link] the contents of the plaint are true and
correct and to the best of my knowledge. They are
not repeated here for the sake of brevity.
Place: Signature
Date: (Deponent)
VERIFICATION
I, “A”, the above named plaintiff, do solemnly declare
that what is stated in Paras 1, 2, 3, 4, and 5 are true
to my knowledge and the contents of remaining Paras
5,6,7,8,9 and 10 are stated on the basis of my
information and belief and are according to legal
advice from my advocate which I believe to be true.
Place: Signature
Date: (Deponent)

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 Written statement

In the context of the Code of Civil Procedure (CPC),

a written statement is a formal legal document filed
by the defendant in response to a plaintiff’s
complaint or petition. This document serves to
outline the defendant’s defences, denials and
counterclaims, if any. The written statement should
be concise and focus on the key issues in the case.
It is a crucial part of the legal process and helps
shape the direction of the lawsuit.
The defendant is required to admit or deny each
allegation made by the plaintiff and present any
affirmative defences they may have. Additionally, if
the defendant has any claims against the plaintiff,
these may be included as counterclaims in the
written statement. It’s essential to adhere to the
legal requirements and deadlines when filing a
written statement in accordance with the CPC.
Components of Written Statement Format
Here are the key components typically found in a
written statement format according to the CPC:

 Title
 Introduction.
 Background
 Response to Allegations:
 Affirmative Defenses
 Counterclaims.
 Witnesses and Evidence
 Legal Citations
 Relief Sought
 Verification
 Date and Signature
 Annexures

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 Sample Written Statement Format
The written Statement on Behalf of the Defendant’s
format is given below.

IN THE COURT OF CIVIL JUDGE

(DISTRICT ),
SUIT NO. OF 20XX
X …. PLANTIFF
VERSUS
Y … DEFENDANT

WRITTEN STATEMENT OF BEHALF OF THE

DEFENDANT MOST RESPECTFULLY SHOWETH:
PRELIMINARY OBJECTIONS:
1. That the suit is barred by limitation under Article
of the Limitation Act and is liable to be
dismissed on this short ground alone.
2. That this Hon’ble Court has no jurisdiction to
entertain and try this suit because
3. That the suit has not been properly valued for the
purpose of court fees and jurisdiction and is therefore
liable to be rejected outrightly.
4. That there is absolutely no cause of action in
favour of the Plaintiff and against the Defendant. The
suit is therefore liable to be rejected on this ground
also.
5. That the suit is bad for non-joinder of necessary
parties, namely
6. That the suit is bad for mis-joinder of Z.
7. That the suit is barred by the decree dated
passed in suit No. titled Y Versus X by Sh.
, Sub-Judge, , The present suit
is
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therefore barred by the principle of res-judicata and
therefore liable to be dismissed on this short ground
alone.
8. That the suit is liable to be stayed as a previously
instituted suit between the parties bearing No. is
pending in the Court of Sh. , Sub-Judge,
9. That the suit has not been properly verified in
accordance with law.
[Link] the Plaintiff’s suit for permanent injunction is
barred by Section 41 (h) of the Specific Relief Act
since a more efficacious remedy is available to the
Plaintiff. The Plaintiff has alleged breach of contract by
the Defendant. Assuming, though not admitting, that
Defendant has committed any alleged breach, the
remedy available to Plaintiff is by way of the suit for
specific performance and not sent for specific
performance.
11. That the Plaintiff’s suit for a permanent injunction
is also barred by Section 41 (i) of the Specific Relief
Act because he has not approached this Hon’ble Court
with clean hands and his conduct has been most
unfair, dishonest and tainted with illegality.
12. That the Plaintiff’s suit for declaration is barred by
Section 34 of the Special Relief Act as the plaintiff has
omitted to claim further consequential relief available
to him.
13. That the suit is barred by Section 14 of the Specific
Relief Act as the contract of personal service cannot
be enforced.
14. That the suit is liable to be dismissed outrightly as
the Plaintiff has not given the mandatory notice under
Section 80 of the Code of Civil Procedure/Section 14
(1) (a).
[Link] the suit is liable to be dismissed as the
Plaintiff firm is not registered under Section 69 of the
Indian Partnership Act and as such is not competent
to institute this suit.
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 [Link] the present suit is barred by Section 4 of the
Benami Transaction (Prohibition) Act, 1988 and is
therefore liable to be dismissed outrightly.

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ON MERITS:

Without prejudice to the preliminary objections stated

above, the reply on merits, which is without prejudice
to one another, is as under-
1. That para 1 of the plaint is correct and is admitted.
2. That the contents of para 2 of the plaint are denied
for want of knowledge. The Plaintiff is put to the strict
proof of each and every allegation made in the para
under reply.
3. That the contents of para 3 of the plaint are
absolutely incorrect and are denied. It is specifically
denied that the Plaintiff is the owner of the suit
properly. As a matter of fact, Mr. N is the owner of the
suit properly.
4. That with respect to para 4 of the plaint, it is
correct that the Defendant is in possession of the suit
properly. However, the remaining contents of the para
under reply are absolutely incorrect and are denied.
It is specifically denied that
_ 5-10. (Each and every allegation must be
replied to specifically depending upon the facts of
each case. The above reply on merits is therefore only
illustrative in nature.)
11. That para 11 of the plaint is incorrect and is
denied. There is no cause of action in favour of the
Plaintiff and against the Defendant because The
Plaintiff is therefore liable to be rejected outrightly.
12. That para 21 is not admitted. This Hon’ble Court
has no jurisdiction to entertain this suit because the
subject matter of this suit exceeds the pecuniary
jurisdiction of this Hon’ble Court.
[Link] para 13 is not admitted. The suit has not been
properly valued for the purpose of court fees and
jurisdiction. According to the Defendant, the correct
valuation of the suit is Rs

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PRAYER:

It is, therefore most respectfully prayed that this

Hon’ble Court may be pleased to:

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 a) Dismiss the suit of the plaintiff.
b) Award costs to the defendant.
c) Pass any other just and equitable order as deemed
fit in the interest of justice.

DEFENDANT THROUGH ADVOCATE

Place

Date

VERIFICATION:
Verification at on day of,
20XX that the contents of paras 1 to Of the
preliminary objection and para to of reply
on merits are true to my personal knowledge and
those of paras to of
preliminary objection and para to of reply on
merits are true & correct on the basis of legal advice
received and believed to be true.

Interlocutory Application
INTRODUCTION

“Justice delayed is justice denied” is a legal maxim

which states that if some legal redress or equitable
relief is available to an affected individual/party, but is
not forthcoming in a timely fashion, it is effectively of
the same nature as having no remedy at all.
The Law aims at providing certain provisions and
safety nets to solve the perpetual struggle of lethargic
litigation process and the continuous running of time.
Interlocutory Application is one such example of the
remedies provided by law for an interim relief to a
person.
The term “Interlocutory Application” has been defined
under Black’s Law Dictionary (9th Edition) as “A motion
for equitable or legal relief sought before a final
decision.”
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The term “Interlocutory Judgment” has been defined
under Black’s Law Dictionary (9th Edition) as “An
intermediate judgment that determines a preliminary or
subordinate

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point or plea but does not finally decide the case. A
judgment or order given on a provisional or accessory
claim or contention is generally interlocutory. Also
termed interlocutory decree.”

INTERLOCUTORY APPLICATION

IN THE COURT DISTRIC COURT OF SAKET

JUDGE SUMIT SINGH

I.A. (Civil) NO. of 2021
IN
Original Petition No. of 2021

IN THE MATTER OF:

X--------------------------------------------------------- Appellant

Versus

Y RESIDENTIAL SOCIETY------------------------- Respondent

Cause Title: - Interlocutory Application

An application for a temporary injunction under Order

XXXIX Rule 1 of the Civil Procedure Code, 1908
The applicant above-named states as follows:
1. That, the Plaintiff has filed the instant Interlocutory
Application against the defendant of temporary
injunction for restoration of possession of immovable
property
2. That, the Plaintiff is the landlord of a residential
apartment in Y Residential Society (Defendant)
located in Delhi. Plaintiff leased out the apartment on
rent to Z on 01.01.2010. The lease has been renewed
every 11 months for a period of 11 months since
2010. The lease was last renewed for 11 months on
01.12.2019 and a rent of Rs. 50,000/- was
agreed between the parties. Z maintained the
residential property in a good condition and paid
maintenance charges to Defendant over and above
the rent payable to Plaintiff.
3. That, Z defaulted in payment of rent to Plaintiff from
January 2020. A scheme was agreed via email and
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was meant to be an addendum to the rent
agreement, for a temporary period. However, Z did
not comply with this scheme and did not make any
payment. Z has not made any payment

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 of rent till date but continues living in the apartment
That, after about 6 months, Z started ignoring all of
Plaintiff’s communications. Left with no choice, Plaintiff
visited Z in December 2020 to give him an ultimatum
that he either pay the arrears of rent or vacate the
property.
4. That, Plaintiff found the property was locked and
upon inquiry, Plaintiff found out that Z had left the city
about a month ago on vacation. Z was expected to
come back in another 15 days. They also informed
Plaintiff that Z had sold the property to Defendant.
5. That, Plaintiff approached the Defendant who
informed him that the Society had purchased the
property from Z and that Z had given documents
showing his title to the property. The President also
informed that Z had been paying rent to the Society
and there was nothing the Society could do about
Plaintiff’s situation
6. That, the chain of event leads to establishment
of prima facie case of dispossession of immovable
property that must be restored hence, further
investigation is needed.
7. That, the plaintiff is in possession, but his title to the
property is in dispute, or under a cloud, or where the
defendant asserts title thereto and there is also a
threat of dispossession from defendant, the plaintiff
will have to sue for declaration of title and the
consequential relief of injunction.
8. That, Irreparable damages would be caused which
may lead to dispossession and ill treatment of
immovable property leading to great losses to
plaintiff. Temporary Injunction would cause no harm to
the defendant and if not will only add to the misery of
the Plaintiff
(All interlocutory applications shall be supported by an
affidavit sworn by the Applicant/on its behalf and
attested by a Notary Public)
7. That, the chain of event leads to establishment
of prima facie case of dispossession of immovable
property that must be restored hence, further
investigation is needed.
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8. That, the plaintiff is in possession, but his title to the
property is in dispute, or under a cloud, or where the
defendant asserts title thereto and there is also a
threat of dispossession from defendant, the plaintiff
will have to sue for declaration of title and the
consequential relief of injunction.
9. That, Irreparable damages would be caused which
may lead

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to dispossession and ill treatment of immovable
property

leading to great losses to plaintiff. Temporary

Injunction would cause no harm to the defendant and
if not will only add to the misery of the Plaintiff.
(All interlocutory applications shall be supported by an
affidavit sworn by the Applicant/on its behalf and
attested by a Notary Public).

Declaration
The applicant above named hereby solemnly declare
that nothing material has been concealed or
suppressed and further declare that the enclosures
and typed set of material papers relied upon and filed
herewith are true copies of the originals or fair
reproduction of the originals or true translation
thereof.

Verified at Delhi dated at 26th day of

February 2021. Counsel for Applicant
Sher
Singh
2007/209
Appella
nt X

Affidavit
I X S/o Basant Singh age 38 working as Real estate
agent, resident of Malviya
Nagar do herebyverify that the contents of the
paras 1 to 5 are true to my
personal knowledge / derived from official record )
and para 6 to 9 are believed to
be true on legal advice and that I have not
suppressed any material facts.
Date: 26th /02/2021
Place: Delhi
Signature of the Appellant/ Petitioner or Authorised
Office

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 Original Petition
 Rule 3 (9) of the Code of Civil Procedure defines
Original Petition as: “Original Petition means a
petition whereby any proceeding other than a suit
or appeal or proceedings to execute a decree or
order, instituted in a court.” The Original
Petition refers to the point of origination of the
dispute.
Petition
A petition is a legal document that formally requests a
court order.

When a lawsuit is filed, it moves through a series of

stages before it is finally resolved. In civil cases, the
first stage is the filing of a petition by a plaintiff, which
states the legal basis for the lawsuit. A petition sets
out the petitioner's version of the facts. The defendant
then receives a copy of it and a notice to appear in
court.

In legal terms, petitions are similar to complaints.

Both are considered pleadings, which are formal
statements outlining one party's version of a matter.

Let’s see am example of original petiotion FACTS: Mohan

Reddy and Saraswathi both having married to each
other, lived happily for about two years after the
marriage, but since one year S. Mohan Reddy, was
subjecting his wife to both physical and mental
cruelty. In the circumstances, Saraswathi submits that
it has become undesirable and impossible to live with
her husband Mohan Reddy, Sarswati seeks a decree
for judicial separation

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 In the Family Court Judge, Tirupati

MARRIAGE O.P. No. 17/2011

Smt. Saraswathi...........Petitioner
Vs.
Mohan Reddy............Respondent

Petition filed on behalf of the petitioner under Hindu

Marriage Act.
Name of the Petitioner

Smt. Saraswathi, W/o S. Mohan Reddy, Hindu aged

about 30 years house wife residing at 17-6-93,
Brahmin Street, Tirupati. The address of the petitioner
for the service of notice etc. is as stated above and
also care of her counsel. Smt. V. Geetha, Advocate,
Tirupati.

Name of the Respondent:

S. Mohan Reddy, S/o. Raja Reddy, Hindu aged about

32 years, Doctor by Profession, residing at 8-3-97,
G.S. Mada Street, Tirupati. The address of the
respondent for the service of notices etc. is as stated.
The petitioner submits that she is legally married wife
of the respondent. This marriage was celebrated in
the year 2008 at Tirupati. At the time of marriage the
petitioner‟s parent‟s gave 25 thulas of gold and Rs.
2,00,000/- in cash as dowry to the respondent. The
marriage was consummated immediately.
The petitioner submits that, she is the legally married
wife of the respondent. Their submits that respondent
has started his nursing home at Reddy & Reddy
colony and gained good reputation and were happy
for 2 years i.e., since 2011 his life started to have ups
and downs.
The petitioner submits that the respondent slowly
cultivated the bad habits and became share to alcohol
and used to have ephedrine etc. So have slowly began
to lose his sexual potency and attach become a total
impotent. When he has been taken to Appolo Hospital,
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Madras, the doctors have concluded that he lost his
potency because of excessive narcotic drugs and
alcohol. The respondent became frustrated in his life.
He gave

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up his practice slowly the petitioner sold her jewels to
maintain the family. Her parents also helped to some
extent.
The petitioner submits that because of inferiority
complex the respondent started to suspect the
character of the petitioner. He used to abuse her with
vulgar and filthy words that, she had illegal
connections with others. He used to abuse her even, if
beggar stands infront of the house, as the beggar is
awaiting for her. She tolerate all these mental torture
added to this the respondent used to put cigarettes on
her breast thighs and other private parts and burn
them. He enjoys her screamings. Sometimes he gaged
her mouth with cloth and subject her to physical
cruelty.
The petitioner further submits that on 10.02.2011 he
made her naked put the blade on her left breast and
applied chillies powder on the wound she cried loudly
apprehending danger and her neighbor and her
mother-in-law came there and saved her from the
clutches of the respondent than on 11.02.2011 she
came away to her parents house. She apprehends
danger to her parents house also. She apprehends
danger to her life in the hands of the respondent and
it is impossible for her to live with such sadistic
husband. Hence the petition for Judicial separation
Filed.
The cause of action for this petition for Judicial
Separation arose on 01.02.2003 the date of marriage
and also 10.02.2011 when she frightened of her life
ran away to her parents house continues de divindum
with the jurisdiction of this hounourable court.
The value of the petition for the purpose of court fee is
of Rs.
…….. Net and fixed court fee of Rs. 10/- paid V/Sec of
A.P.C.F. & S.V. Act.
The petitioner submits that no similar petitioner has
been filled so far before any court.

Prayer

The petitioner therefore prays that the honourable

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court may be pleased to pass an order and decree.
(a) Declare that the marriage has been dissolved by
judicial separation.

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(b) Direct the respondent to pay cost of the petition.
And pass such others and further orders as it deem fit
and proper in the circumstances of the case.
Advocate for petitioner Petitioner

VERIFICATION

I, the petitioner do here by declare that the facts state

above are true and correct to the best of my
knowledge and belief and signed this verification on
this the 25.02.2011 at Tirupati.
LIST OF DOCUMENTS
1) 01.02.2008 marriage invitation card.
2) Doctor prescription with wound
certificate. Updated On 7 April 2017
5:36 PM

Definition of Affidavit

1.A statement that is written and confirmed by oath

or affirmation
2.A written report that is signed by a person who
swears that the information included in the
document is accurate to the best of their
knowledge
3. Origin
[Link] 1500s Medieval Latin word affidare, which
means, he has made an oath.

What is an Affidavit?
An affidavit is a sworn written statement of facts,
made under oath, and under penalty of perjury, that
the statements are true to the best of his or her
knowledge. The person making the oath signs the
affidavit form in front of a witness, most commonly a
notary public, who verifies the identity of the person
signing (the “signatory”). An affidavit is a voluntary
action and is admissible as evidence in court hearings.

Requirements for Signing an Affidavit

There are no statues in the United States that require

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a person making an affidavit to be a minimum age,
however the person must be of sound mind and must
fully understand the seriousness of signing under
oath. For instance, the person

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signing an affidavit form must be aware that providing
false information within the affidavit is a crime. While
it is common for adults over the age of 18 to make
affidavits, on rare occasion, minors are asked
to do so in family court proceedings.

When an Affidavit is Needed

There are many reasons a person might find himself

in need of an affidavit, including:
To notify a third party such as a creditor of a death
or other change of circumstance
To confirm or provide a name change, such as in the
event of marriage or divorce
To confirm a person’s identity, such as in the event
personal or financial information has been stolen or
comprised
To claim ownership of property or assets
To confirm formal statements that may be used as
evidence in court hearings
To confirm the receipt of official document.

What is Included in an Affidavit?

An affidavit includes basic information. While the types

of affidavits vary greatly, some information is required
in order for the document to be considered legal and
valid. This includes: The full legal name person swearing
the affidavit.

Types of Affidavit

A basic affidavit is non-specific and simply serves as a

formal statement of fact that can be used for an array
of purposes. There are also a number of commonly
used affidavits designed for specific purposes.
 Small Estate Affidavits – This affidavit is most often

used when a spouse or close relative has died

without leaving a will. This affidavit requires the
signer to swear that they are the person that
should be responsible for settling the estate and
distributing any assets left behind.
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 Affidavit of Death – After a person has passed
away, a family member may have to sign an
affidavit in order to

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 notify a company, the court, or other entity that
the person has died. This affidavit typically
requires the deceased person’s name, date of
birth, and date of death.
 Affidavit of Heirship – This type of affidavit is also
used after the death of a relative. The signer uses
it to assert their legal rights to the assets that the
deceased has left behind. By singing this affidavit,
the person swears that they are the lawful heir of
the deceased.
 Affidavit of Residence – This affidavit is used to
verify the residence address of a person, whether
living or deceased. For example, a parent might
be required to sign an Affidavit of Residence to
prove their address before their children can
attend the local school. These affidavits may also
be required when proving residence information
for employment or tax purposes.
 Affidavit of Name Change – This affidavit pertains to
people who have changed their name legally, but
need to provide proof of the change to a company
or other entity. This type of affidavit often requires
the person to list their former name, their current
name, and the state in which the name change
took place.
 Financial Affidavit – This affidavit is most
commonly used in divorce proceedings. The
signers use the affidavit to state their financial
status under oath. This may require each party to
include information on their savings, annual
income, and material assets.
 ID or Personal Information Theft Affidavit – This is
commonly used when a person’s personal
information or ID has been stolen or
compromised. This signed affidavit is provided to
banks, creditors, and credit agencies, as it is a
sworn statement that the signer’s ID or personal
information was stolen or compromised. Typically,
in identity or credit card theft cases, this affidavit
is required for the victim to begin recovering their
 Affidavit of Support – This legal affidavit made by a
sponsor who is a U.S. citizen, assures the
Page | 33
 government that a visa applicant had ample
means of financial support if allowed into the
country.

 The full legal name person swearing the affidavit

 The full address of the person swearing the affidavit

Page | 34
 The facts or reasons for the affidavit
 Signatures and dates for both the affiant and the
notary public
 Other information as requested by a third party or
court

Page | 35
 AFFIDAVIT

STATE OF [INSERT STATE]

COUNTRY OF [INSERT COUNTRY]
IN THE OF [COURT AND
JURISDICTION] AFFIDAVIT OF
IDENTITY

I, [INSERT NAME], the undersigned, being duly sworn,

hereby affirm on the [INSERT DATE]:
[Link] legal name is [INSERT NAME]. My date of
birth is [INSERT BIRTHDATE].
[Link] social security number is [INSERT SOCIAL
SECURITY NUMBER].
3.I currently live at [INSERT ADDRESS].
[Link] phone number is [INSERT PHONE NUMBER].
5.I have presented to my Notary public with [INSERT
ID], as proof of my identity.
[Link] affidavit is to provide, establish and verify my
identity for [INSERT PURPOSE].
7.I understand that falsification of this affidavit may
be a criminal offense and could lead to
prosecution to the fullest extent of the law.

Under penalty of perjury, I hereby declare and affirm

that above stated facts, to be the best of my
knowledge, are true and correct.
Dated: [INSERT DATE]
Signature
Printed name:
Date:

NOTARY OF ACKNOWLEDGEMENT

State of: [INSERT STATE]

Country of: [INSERT
COUNTRY] (Seal)

This Affidavit of Identity was acknowledged on the

[INSERT DATE] by the undersigned, [INSERT
UNDERSIGNED NAME], who has satisfactorily proven
to me to be the person whose name is subscribed to
Page | 36
this document.

Page | 37
 Signature
Notary Public
My Commission Expires on the:

EXECUTION

Provisions on Execution in Code of Civil Procedure and

Civil Rules of Practice:
 Sections 36 to 74, Sections 144, 146 & 148 Code
of Civil Procedure and Order 21.
Chapter XVI Rules 205 to 285 of Civil Rules of
Practice.
 Articles: 125 to 129, 134 to 137 of Limitation Act.
Jurisdiction:
As per Section 37 of Code of Civil Procedure, the
decree can be executed by the court which passed
the decree and as per section 38 of Code of Civil
Procedure the court to which the decree is
transferred, have jurisdiction to entertain the
Execution Petitions.
The classification of Order 21 Is as follows-
 Applications for execution and the process to be
applied.
 Stay of executions.
 Mode of executions.
 Sale of immovable property and movable property.
 Adjudication of the claims and objections.
 Resistance and delivery of possession.
Applications for Execution:
Application for execution can be made by:
 The decree holder himself.
 His legal representative if the decree holder is dead.
 Any person claiming under the decree holder.
 Transferee of Decree holder who has given notice
to transferor and judgement debtor.
 Any one or more of the Decree holders where it is for
benefit of all and no contrary intention is indicated.
Execution decree can be made only against the
judgement debtor if he is alive or against legal
representatives of judgement debtor.
The decrees that may be executed are:
Page | 38
 The decree of a court against which no appeal has
been made shall be executed after expiry of the
limitation period.

Page | 39
 Where a decree is reversed, modified on appeal, the
only decree capable of the execution is the appellate
decree, but exceptionally where the appellate
judgment simply dismisses the appeal. General rule
that the appellate decree alone is to be executed,
does not apply and the court should look at the later
decree for the information of its contents

Modes of Execution:
The code sets down different methods of execution.
After the decree holder files an application for
execution of decree, the executing court can
implement execution
decree can be enforced by:
 By delivery of any property specifically decreed.
 By attachment and sale or by sale without
attachment of the property.
 By arrest and detention.
 By appointing a receiver.
 By effecting partition.
 Any such manner which the nature of relief requires.
Section 51 of C.P.C lays down the court may on the
application of decree holder subject to such
conditions and limitation as may be prescribed, the
court may on the application of the decree holder
order execution of the decree.

Page | 40
 Execution Petition format

IN THE COURT OF

Decree Holder
VS
Judgment Debtor

Dated

The Decree Holder prays for execution of the

Decree/Order, the particulars whereof are stated in
the columns hereunder.
1. No of Suit
2. Name of Parties
3. Date of Decree/order of which execution is
sought
Whether an appeal was filed against the decree
4.
/ order under execution
Whether any payment has been received
5.
towards satisfaction of decree-order
Whether any application was made previous to
6.
this and if so their dates and results
Amount of suit along with interest as per decree
7.
or any other relief granted by the decree
8. Amount of costs if allowed by Court
9. Against whom execution is sought
10 In what manner court’s assistance is sought
.

The Decree Holder Humbly Prays

that: Decree Holder

Verification:
I, do hereby verify that
the
contents of this application are true to my knowledge or
belief.

Page | 41
Delhi
.
Date
d
Signature of Decree
Holder Through
Advocate

Page | 42
PETITION UNDER ARTICLE 226 AND ARTICLE 32 OF THE
CONSTITUTION

This section deals with the writs. The writs ate

obviously intended to enable the Supreme Court and
High Court to issue them in grave cases where the
subordinate tribunals or bodies or officers act wholly
without jurisdiction, or in excess of it, or in vacation of
the principles of natural justice, or refuse to exercise
jurisdiction vested I them, or there is an error
apparent on the face of the record, and such act,
omission, error or excess, has resulted in manifest
injustice. However, extensive the a jurisdiction maybe
it seems that it is not so wide or large as to enable the
court to convert .itself into a court of appeal and
examine for it self the correctness of the decisions
impugned and decide what is the proper view to be
taken or the order to be made.
Art. 32 of the constitution of India give the right to
move the Supreme Court by appropriate proceeding.
For enforcement of the rights conferred by part III,
of the constitution of India.

The provision merely keeps open the doors of the

Supreme Court in much of the same way as is used to
be said, the doors of chancery court were always open
the state cannot place any hindrance in the way of an
aggrieved person seeking to approach the supreme
court. This is logical enough for it is against state
action that fundamental rights are claimed. But the
guarantee goes no further at least on the terms of Art.
32 Having reached the Supreme Court, the extent or
manner of interference is for the court to decide. It is
clear that every case does not merit interference. That
must always depend upon the facts of the case. In
dealing with cases which have come before it, the
Supreme Court has already settled many principles on
which it acts. The Supreme Court does not take action
in cases covered by the ordinary jurisdiction of the
civil court that is to say; it does not convert civil and
criminal actions into proceedings for the obtainment
of writs. Although there is no rule or provision of law
Page | 43
to prohibit the exercise of its extraordinary
jurisdiction, the Supreme Court has always insisted up
on recourse to ordinary remedies or the exhaustion of
other remedies. It is in rare cases, where the ordinary
process of law, appears to be inefficacious that the
Supreme

Page | 44
Court interferes even where other remedies are
available. This attitude arises from acceptance of a
salutary principle that extraordinary remedies should
not take the place of ordinary remedies.

Then again the Supreme Court refrains from acting

under Art. 32, of the Constitution, if the party has
already moved the High Court under Art.26. This
constitutes a comity between the Supreme Court and
the High Court. Similarly, when a party had already
moved the High Court with a similar complaint and for
the same relief and failed, the Supreme Court insisted
in an appeal to be brought before it and does not
allow fresh proceedings to be started. In this
connection the principle of res-judicata has
been applied.

The citizens are ordinarily entitled to appropriate relief

under Art. 32 once it is shown that their fundamental
rights have been illegally or unconstitutionally
violated. Therefore; Art. 32 does not give merely a
discretionary power to the Supreme Court t grant an
appropriate relief.
To enforce fundamental rights, resort can be had to
art. 32 of the Constitution of India. Art. 32 is not to be
invoked for infringement of a personal right of
contract, nor is to be invoked for agitating questions
which are capable of disposal under special

enactments.

The amount there Is a threat to a ”hrea’ to

fundamental rights to a citizen, he is entitled to
approach the High Court under Article 32 not with
standing actual threat has not taken place. The
general attitude of the Supreme Court is not to answer
any hypothetical question or a question if the same
does not arise out if pleadings. (Sanjeev Coke V.
Bharat Coking. AIR 1983 SC 239)

Page | 45
Art 32 provides in some respects for more effective
remedy through Supreme Court then Art. 226 does
through the High court. But the scope of the remedy is
clearly narrower in that it is restricted solely to
enforcement of fundamental right conferred by part III
of the constitution. Art. 32 does not merely

Page | 46
confer power on the Supreme Court as Art. 226 does
on the High Court to issue certain writs for the
enforcement of the rights conferred by part III, or for
any other purpose, as part of its general jurisdiction.
Art. 32 provides a “Guaranteed” remedy for the
enforcement of those rights and this remedial right is
itself made a fundamental right by being included in
part III, the Supreme Court is thus the protector and
guarantor of fundamental right and it cannot refuse to
entertain applications seeking protection, against
infringements of such rights. So and application for
relief can be made to the Supreme Court direct. Art.
226 is wider in its scope vis-a- vis Art. 32, in that Art.
226 can be availed of both for enforcement of
fundamental rights. But also of ordinary legal rights.

Art.32 (3) enables parliament to make a law

empowering any other court to exercise within the
local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause (2)
thereof one thing to be noticed is that the parliament
can only empower any other court to exercise any of
the powers exercisable by the Supreme Court under
clause (2), it cannot confer guaranteed right
mentioned in clued

(1) on any person to move that curt. That is to say,

the court to courts to which such powers are given
would be in the same position as the High Court in
respect of the enforcement of the fundamental rights.
In short no person would have a guaranteed right to
move any such other court for the enforcement of
fundamental lights. A discretionally jurisdiction similar
to that of the High Court be . conferred on them.

Application for writ and its

maintainability

In the case of K.K. Kochunni [Link] of Madras (AIR

1959 SC 725) it was observed that the Supreme Court
is bound to entertain a partition under Art. 32 of the
Page | 47
constitution and to decide the same on merit even if it
may encourage litigants to file many petitions under
Art. 32 instead of proceedings by way of a suit. That
consideration cannot by it self, be a cogent reason for
denying the fundamental right of a person to
approach the Supreme Court for the enforcement
of his

Page | 48
fundamental right which may, primafacie, appear to
have been infringed.

Even, if the existence of other adequate legal remedy

may be taken into consideration by the High Court in
deciding whether it should issue any of the
prerogative writs on an application under Art.226 of
the constitution, the Supreme Court cannot on a
similar ground decline to entertain a petition under
Art. 32, for the right to move the Supreme Court by
appropriate proceedings for the enforcement of the
rights conferred by part III of the constitution is itself,
a guaranteed right. The mere, existence of an
adequate alternative legal remedy cannot perse be a
good and sufficient ground for throwing out a petition
under Art. 32, if the existence of a fundamental right
and a breach, actual or threatened, of such right is
alleged and is prima- facie established on the petition.

In the following cases or circumstances writ petition

under 32 lie:

(a) Where action is taken under an ultra vires

statutes,
(b)Where the statute is intravires but the action taken
is without jurisdiction,
and
(c) Where the action taken is procedurally
ultra-vires -

The scope of Art-32 is being enlarged by judicial

activism. In MC. Mehta V. Union of India (AIR 1987 SC
1086) it was pointed out that the court can entertrain
claim for compensation suffered by a citizen on
account of violation of fundamental rights.
Amendment of writ petition which cause no injustice
to other side, avoids multiplicity of proceedings, and is
necessary for determining real controversy of matter,
should be allowed. Aggrieved party can file a petition
under Art. 32. And a petition for write under Art. 32 is
not maintainable unless there has been a
violation of some fundamental right.
Page | 49
In the case of Ravindra Nath Bose V. UOI (1970,
1SCC84) Supreme Court held that no relief should be
given to petitioners who, without any reasonable
explanation, approach the Supreme Court under Art
32 of the constitution after in ordinate

Page | 50
delay. The Supreme Court administers justice in
accordance with law and principles of equity and good
conscience.
Applicability of Art. 226: The jurisdiction under Art.226
is to seeing that the judicial or quasi- judicial tribunals
or administrative bodies exercising quasi- judicial
powers, do not exercise their powers in excess of their
statutory jurisdiction, but correctly administer the law
within the ambit of the statute creating them or
entrusting those functions to them where the Act has
created its own hierarchy of officers and appellate
authorities, to administer the law and so long as those
authorities function within the letter and spirit of law,
the High Court has no concern with the manner in
which those powers have been exercised.
Writ jurisdiction is a discretionary and equitable
jurisdiction. But since fundamental rights guaranteed
by the Constitution the courts cannot refuse to
enforce them on the ground of discretion. In the case
of other rights the High Court generally refuseto
exercise their discretion
(a) Where an alternative remedy is available to the
petitioner,
(b)Where the petition is guilty of laches or
unreasonable delay or
acquiescence;
(c) Where the petition has, misrepresented or
suppressed martial
facts;
(d) Where it is no equitable to issue a
writ; I Where the writ, if issued, would be futile or
ineffective or merely
academic,
(f) Where the petition has become in
fructuous;
(g) Where the grant of relief depends on investigation
of disputed
facts.
The writ jurisdiction of Supreme Court can be Invoked
only In cases of actual or threatened violation of
fundamental rights guaranteed by part III of the
constitution. The jurisdiction of the High Court is wider
Page | 51
and can be exercised for the protection of
fundamental rights as well as other legal rights.
‘
WRITS UNDER ARTICLE 32 & 226

1) Habeas Corpus:
2) M
andamus: c
3) Certiorari:
4) Prohibition
5) Quo-warranto

Page | 52
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL ORIGINAL JURISDICTION WRIT PETITION
(CRIMINAL) NO. OF 202
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
S/O
AGED ABOUT YEARS
RESIDENT OF
THROUGH S/O , AGED
YEAR AS NEXT
FRIEND.......................................................PETITIONER

VERSUS

1. STATE GOVERNMENT
HOME DEPARTMENT
DELHI RESPONDENT NO. 1

2. DISTRICT
MAGISTRATE TEES
HAZARI COURT
NEW DELHI RESPONDENT NO. 2

3. SUPERINTENDEN
T TIHAR JAIL
NEW DELHI RESPONDENT NO. 3

WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING INTER ALIA FOR
ISSUING WRIT OF HABEAS CORPUS TO RESPONDENT
NO. 1, 2 AND 3 THEREBY QUASHING THE IMPUGNED
ORDER AND DIRECTING THE RELEASE OF THE
PETITIONER AND GRANTING REASONABLE
COMPENSATION TO THE PETITIONER

Page | 53
To,
The Hon'ble Chief Justice of High Court,
And His Companion Judges of the
Hon'ble High Court of Delhi.

The humble petition of the Petitioner above named.

1. That the Petitioner is filing the present writ petition
under article 226 of the constitution of India praying
inter alia for issuing writ of habeas corpus to
respondent no. 1, 2 and 3 thereby quashing the
impugned order and directing the release of the
petitioner and granting reasonable compensation to
the petitioner.
2. That the petitioner resides in and has been a
law abiding citizen of India.
3. That on day of , the Petitioner was arrested and
detained for a period of 2 months in the Tihar Jail, New
Delhi, wherein the Respondent No. 3 is the
Superintendent, with an order passed by the
Respondent No.1 dated under the National Security
Act, 1980. A copy of the order by the Respondent No.
1 has been annexed herewith as Annexure 1.
4. That, on the date of getting detained and arrested
in the Tihar Jail. The Petitioner was not informed about
the grounds of his detention by Respondent No. 3.
5. That after Ten days of getting arrested and
detained, the Petitioner was informed of his ground of
arrest and detention.
6. The report of the ground of detention was furnished
to the Petitioner in English, which is not understood by
the Petitioner.
7. The Petitioner's father is interested in the release of
the Petitioner from the detention.
8. That the Petitioners have no other efficacious
remedy except to approach this Hon'ble Court by way
of this Petition under Article 226 of the Constitution of
India.
Page | 54
9. That the Petitioners have not filed any other
petition or preceding in any court or tribunal
throughout the territory of India regarding the matter.

Page | 55
[Link], the order by Respondent No. 1 dated ,
is illegal, arbitrary and with lack of jurisdiction
because of the following grounds given below:-
GROUNDS
That the present Writ Petition is being filed on the
following, amongst other, grounds without prejudice
to each other;

a. Because the grounds of detention were furnished to

the Petitioner after prolonged delay.

b. Because the Petitioner's detention is violative of

Article 21 of the Indian Constitution.

c. Because the grounds of detention of the Petitioner

was given in English, which is not comprehensible for
the Petitioner.

d. Because he grounds of detention is very arbitrary and

vague.

PRAYERS
In view of the facts & circumstances stated above, it
is most respectfully prayed that this Hon'ble Court
may be pleased to:-
a) Issue a Writ of Habeas Corpus to the Respondent
1 to 3 thereby quashing the impugned order;
b) Issue an appropriate Writ Directing release of the
Petitioner;
c) Issue appropriate Writ granting reasonable
compensation to the Petitioner;
d) Any other relief, order or direction this court may
deem fit and proper under the facts and
circumstances of this case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS

IN DUTY BOUND SHALL EVER PRAY.
FILEDBY:

( )
Page | 56
ADVOCATE FOR THE PETITIONER
DRAWNON:
Drawn
by: New
Delhi
Date:

Page | 57
OTHER INFORMATION, DOCUMENTS TO BE INCLUDED
WITH WRIT PETITION

1. Notice of motion
2. Urgent application
3. Court fee
4. Certificate
5. Synopsis & list of dates
6. Memo of parties
7. Annexure to the Petition
8. Application for exemption from filing certified
copies, dim and small font annexures with affidavit.
9. Vakalatnama on behalf of the petitioner.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL (EXTRA-ORDINARY)

JURISDICTION WRIT PETITION (CIVIL) NO. OF 20
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

1.
S/o

R/o PETITIONER

VERSUS

1. ABC Company Ltd

having its registered office at
Through its Chairman RESPONDENT NO. 1

2. The Managing Director

ABC Company Ltd RESPONDENT NO. 2

WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING INTER ALIA FOR
QUASHING THE IMPUGNED ORDER DATED PASSED
BY RESPONDENT NO.1 AND REINSTATING THE
PETITIONER IN SERVICE WITH ALL CONSEQUENTIAL
BENEFITS INCLUDING BACK WAGES
Page | 58
To,
The Hon'ble Chief Justice of High Court,
And His Companion Judges of the
Hon'ble High Court of Delhi.

The humble petition of the Petitioner above named.

THE PETITIONER MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is filing the present writ

petition under article 226 of the constitution of
India praying inter alia for
quashing the impugned order dated passed by
Respondent No. 1 and reinstating the petitioner
in
service with all consequential benefits including back
wages.

2. That the petitioner is a citizen of India and is

therefore entitled to enjoy all the rights guaranteed by
the Constitution of India.

3. That respondent No. 1 is a company registered

under the Companies Act, 2013 having its registered
office at
.

4. That respondent No. 2 is the Managing Director of

the Company with powers of Appointment,
termination and manage all day to day affairs of the
Company.

5. The respondent-company is wholly owned by the

Government of India and is, thus, an instrumentality
of state is given in Article 12 of the Constitution.

6. That the petitioner was working as

with respondent-company and was appointed on .
He has been a diligent employee and been
discharging his duties and obligations according to the
employment norms and applicable rules of the
Respondent Company.
Page | 59
7. That on respondent No. 2 issued the impugned
order dated terminating the services of the
petitioner without giving an opportunity to be heard to
the Petitioner. The petitioner came to be relieved of
his duties on . A
copy

Page | 60
of the impugned order is annexed hereto and marked
as ANNEXURE-1.

8. The Petitioner states that the order of the

termination of the service of the Petitioner was passed
without following the due process of the principle of
nature justice.

9. That the Petitioner has been discharging his duty as

an employee according to the Respondent Company
norms and therefore has not committed any act which
would constitute as misconduct.

Page | 61
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL (EXTRA-ORDINARY) JURISDICTION

WRIT PETITION (CIVIL) NO. OF 20

(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
1.
S/o
R/o PETITIONER

VERSUS

1. ABC Company Ltd

having its registered office at
Through its
Chairman RESPONDENT NO. 1

2. The Managing
Director ABC
Company
Ltd RESPONDENT NO. 2

WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING INTER ALIA FOR
QUASHING THE IMPUGNED ORDER DATED PASSED
BY RESPONDENT NO.1 AND REINSTATING THE
PETITIONER IN SERVICE WITH ALL CONSEQUENTIAL
BENEFITS INCLUDING BACK WAGES

To,
The Hon'ble Chief Justice of High
Court, And His Companion Judges
of the Hon'ble High Court of Delhi.
The humble petition of
the Petitioner above
named.
THE PETITIONER MOST RESPECTFULLY SHOWETH:
1. That the Petitioner is filing the present writ
petition under article 226 of the constitution of
India praying inter alia for
quashing the impugned order dated passed by

Page | 62
Respondent No. 1 and reinstating the petitioner
in
service with all consequential benefits including back
wages.

Page | 63
2. That the petitioner is a citizen of India and is
therefore entitled to enjoy all the rights guaranteed by
the Constitution of India.
3. That respondent No. 1 is a company registered
under the Companies Act, 2013 having its registered
office at
.
4. That respondent No. 2 is the Managing Director of
the Company with powers of Appointment,
termination and manage all day to day affairs of the
Company.
5. The respondent-company is wholly owned by the
Government of India and is, thus, an instrumentality
of state is given in Article 12 of the Constitution.
6. That the petitioner was working as
with respondent-company and was appointed on .
He has been a diligent employee and been
discharging his duties and obligations according to the
employment norms and applicable rules of the
Respondent Company.
7. That on respondent No. 2 issued the impugned
order dated terminating the services of the
petitioner without giving an opportunity to be heard to
the Petitioner. The petitioner came to be relieved of
his duties on . A
copy of the impugned order is annexed hereto
and marked as ANNEXURE-1.
8. The Petitioner states that the order of the
termination of the service of the Petitioner was passed
without following the due process of the principle of
nature justice.
9. That the Petitioner has been discharging his duty as
an employee according to the Respondent Company
norms and therefore has not committed any act which
would constitute as misconduct.

PETITION FOR ISSUANCE OF A WRIT OF CERTIORARI

TO QUASH THE ORDER OF REMOVAL
The petitioner abovenamed temporarily and
provisionally by the Deputy Director of

Page | 64
agriculture…………….Division………….as a clerk in
the
officer of the inspector of Agriculture, at……….on a
salary of Rs………per month, in the grade
of………….with effect
from……..by order No………..dated……………

Page | 65
2. That he discharged the duties of his office
diligently and faithfully.
3. That on…………however, Respondent No. 2 by his
order no……………………
dated………suddenly and without notice to the
petitioner terminated his services alleging that
he(petitioner)was a member of Rashtriya swayam
sevak sangh which according to respondent No. 2
was a political party, and that the act alleged
involved a disciplinary rule of…................Government
Servant’s conduct rule 21.
4. That the said order of termination of the service
of the petitioner contravened the provision under
Article 311 of the constitution of India.
5. That no notice to show cause against such
termination having been given to petitioner, the said
order of termination of petitioner ‘s service denied
the opportunity to the petitioner to which he was
entitled under the fundamental principles of natural
justice.
6. The such termination of the service of the
petitioner amounted to removal from service,
whereby a stigma is
attached to the petitioner’s conduct and he may find
it difficult to seek appropriate
Employment in future .
7. The respondent No. 2 was acting in a quasi-judicial
capacity, on whom was imposed an obligation by the
constitution of India not to impose the punishment
given in the petitioner’ s case without affording an
opportunity to the petitioner to show cause against
the action proposed to be taken against him .
8. That the petitioner is not a member of
RASHTRIYA SWAYAM SEVAK SANGH nor is such
sangh is a political party.

Page | 66
9. In the circumstances stated above, it is prayed
that the order dated…………passed by the
respondent No. 2 terminating the services of the
petitioner be quashed. Such

Page | 67
other direction as the Hon’ble court think fit be
given in this behalf.
Note: An affidavit in support of the petitioner is
also filed herewith.
Dated:…………..
PETITIONER
ADVOCATE
For the petitioner

WRIT OF QUO WARRANTO IN THE HON’BLE HIGH

COURT OF JUDICATURE AT (Original
Civil Jurisdiction)
Writ Petition No . of 20
son of resident of PETITIONER

Versus

1. Department of Energy, State of

2. Mr. , s/o r/o , Chairman of
State Electricity Regulatory Commission.
RESPONDENTS

PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION FOR THE ISSUE OF A WRIT OF QUO
WARRANTO.

To
The Hon’ble the Chief Justice
And his companion Judges of
the Hon’ble High Court.

The above named Petitioner begs to submit as under:

1. The Petitioner is a resident of and is a

law abiding citizen of India.

2. That the Petitioner has approached this Hon'ble

Court seeking issuance of a writ in nature of a Quo
Warranto against Respondent No. 2, questioning his
Page | 68
appointment and for his consequent removal from
the post of the Chairman of the State Electricity
Regulatory Commission.

Page | 69
3. That, on , the Respondent No. 2 has been
appointed as the Chairman of the State Electricity
Regulatory Commission

4. The Petitioner submits that that selection and

appointment of respondent No. 2 on the post of
Chairman, State Electricity Regulatory Commission is
in violation of the provisions contained in the
Electricity Act, 2003.

5. That the Respondent No. 2 has a criminal case

registered in his case which pending against the
respondent No.2 and he is a person of doubtful
integrity and therefore, he ought not to have been
appointed on the said post and appointment of
respondent No. 2 on the post of Chairman of State
Electricity Regulatory Commission is legally
unsustainable and is in violation of statutory
provisions.

6. That respondent No.2 is not a person of ability,

integrity and standing who has adequate knowledge
of, and have shown capacity in, dealing with
problems relating to engineering, finance,
commerce, economics, law or management.
Therefore, his selection and appointment deserve to
be quashed being contrary to statutory provisions by
issuance of a writ in the nature of Quo Warranto.

7. Therefore, the Petitioner submits that, a writ in

nature of Quo Warranto is issued by the court on the
following ground:-
a) That the appointment is in violation of the
Electricity Act, 2003.
b) That the appointment is unsustainable and illegal in
law

PRAYER
In the facts and circumstances stated above the
petitioner prays that a direction in the form of a writ
of quo warranto or any other appropriate writ be
issued for the subsequent removal of the
Page | 70
Respondent No. 2 from the post of the Chairman,
State Electricity Regulatory Commission.

Date:
Place:
(Counsel for Petitioner) (Petitioner)

Page | 71
 Writ of prohibition
IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL (EXTRA-ORDINARY)
JURISDICTION

WRIT PETITION (CIVIL) NO. OF 20

(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

1. Mr. son of Resident of
PETITIONER

VERSUS

1. Company Ltd
New Delhi RESPONDENT NO. 1

2. Manager
Accounts Accounts
Department
Company Ltd
New Delhi RESPONDENT NO. 2

3. The Chief Executive Officer

Company Ltd
New Delhi RESPONDENT NO. 3

WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING FOR DIRECTION OR
ORDER IN THE NATURE OF PROHIBITION TO THE
RESPONDENTS, PROHIBITING THEM FROM
PROCEEDING FURTHER WITH THE DISCIPLINARY
PROCEEDING ON THE BASIS OF THE ENQUIRY REPORT
OF RESPONDENT NO. 2.

To,
The Hon'ble Chief Justice of High
Court, And His Companion Judges
of the Hon'ble High Court of Delhi.
The humble petition of
the Petitioner above
Page | 72
named.
THE PETITIONER MOST RESPECTFULLY SHOWETH:

Page | 73
1. That the Petitioner is filing the present writ
petition under article 226 of the constitution of India
Praying for direction or order in the nature of
prohibition to the respondents , prohibiting them
from proceeding further with the disciplinary
proceeding on the basis of the enquiry report of
respondent No. 2.

2. That, the Petitioner was appointed as the

Accounts Executive of Respondent No.1, a
Government Company, having its registered office
at on .
3. That Respondent No. 1 Company is discharging
public functions and financed by the State of , and is
a "State" under Article 12 of the Indian Constitution.
Therefore, this petition against the Company is
amenable before this Honbl'e Court.
4. The Petitioner has served the Company as
Accountant for the period of 2 years before being
promoted as the Accounts Executive. The Petitioner
has been a diligent employee of the Company since
the date of his appointment.
5. That, on , while serving as Accounts Executive,
he was served with a disciplinary notice stating his
inefficiency in performance. Copy of the disciplinary
Notice is Annexed herewith and Attached as
Annexure P1.
6. The enquiry into the said charges was made by the
Accounts Manager of the Company. On the basis of
the report of Respondent No. 2 which was send to the
Respondent 3 a show cause notice dated was sent to
the Petitioner, stating why he should not be dismissed
from service. A copy of the said show cause notice is
Annexed herewith and attached as Annexure-P2.
7. That according to the Company Rules, the enquiry
into the disciplinary charges is to be only made by
the third party enquiry officer. The enquiry was made
by a person not duly authorized to do so, i.e.
Respondent No.2.

GROUND

Page | 74
8. That the present Writ Petition is being filed on the
following, amongst other, grounds without prejudice
to each other;

Page | 75
i. Because the procedure adopted by the Company
in initiating disciplinary proceedings is against the
Company's rules i.e. Rule and regulations.
ii. Because the enquiry report of the Respondent No.
2 is not valid as he is the Reporting Manager of the
Petitioner. The Petitioner had filed Complaint to the
Management of the Company against Respondent
No. 2 on with
corruption allegation and siphoning of funds. So
Respondent No. 2 has personal enmity to the
Petitioner due to reporting of his corruption case to
the management.
[Link] the Respondent No. 2 does not
have the jurisdiction to prepare an enquiry
report as per the
Company's Rules and Regulations.

PRAYERS

In view of the facts & circumstances stated above, it

is most respectfully prayed that this Hon'ble Court
may be pleased to:-
a) Issue a Writ in the nature of Prohibition to the
Respondents Prohibiting them from proceeding
further with the disciplinary proceeding on the basis
of the enquiry report of Respondent No.2;
b) Any other relief, order or direction this court may
deem fit and proper under the facts and
circumstances of this case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS

IN DUTY BOUND SHALL EVER PRAY.
FILED BY:

( )
ADVOCATE FOR THE PETITIONER
DRAWN ON:
Drawn by:
New
Delhi
Date:
Page | 76
OTHER INFORMATION, DOCUMENTS TO BE ATTACHED
WITH WRIT PETITION
1. Notice of motion

Page | 77
2. Urgent application
3. Court fee
4. Certificate
5. Synopsis & list of dates
6. Memo of parties
7. Annexure to the Petition
8. Application for exemption from filing certified
copies, dim and small font annexures with affidavit.
9. Vakalatnama on behalf of the petitioner.

Complaint

The provision relating to to are

“Complaints
Magistrate”
deal under Section 200-203 of Chapter XV
t
of CRPC. Under Section 2 (d) of CrPC the term
“Complaint” is defined which means “oral or written
allegations against some known or unknown person
who has committed an offence are made to
Magistrate with a view that he will take action”.
The term “offence” under Section 2(n) means any act or
omission which is punishable by any law for the time
being in force for eg. Indian Penal Code, 1886

Cognizance of Offence by Magistrate- Section 190 CrPC

Magistrate I class i.e. Chief Judicial Magistrate or any

Magistrate II class who is empowered by CJM can take
cognizance of any offence in the following ways-
i. Upon receiving complaint (private) of facts which
constitute offence.
ii. On Police Report u/S 173(2) i.e. Charge-
sheet
iii. Upon receiving information from any other person
except Police or on his own knowledge that an offence
has been committed.
However, if a Magistrate without having jurisdiction
take cognizance of offence under (i) or (ii), in good
faith, the contention that it is perverse, is devoid of
merit and the trial will be valid at every stage- Section
Page | 78
416 (k)
But if cognizance of offence is taken on his own
without having jurisdiction the trial is void.
When a Magistrate receive Complaint of
aggrieved/offended person he has two options, i.e.,
either without taking

Page | 79
cognizance, he can direct Police to register a FIR u/s
154 CrPC and investigate u/S 156(3) and produce a
final report before him u/S 173 CrPC or he can take
cognizance of offence u/S 200 CrPC on his own by
examining complainant on oath and witness (if any)
and initiate proceeding under Chapter XV of CrPC. This
view was held in case Mohd Yosuf v/s Afaq Jahan;
(2006)1 SCC 627, Mona Pawar V/s The High Court of
judicature of Allahabad; (2011) 3 SCC 496.
In the pre-cognizance stage, after Magistrate, directs
Police to lodge FIR, investigate the matter and submit
its report u/S 173 CrPC two possibilities can arise,
either the report can be Charge-sheet or it can be
Final Report i.e., where no offence is made out. The
Magistrate has three options and he can avail either of
them i.e.
a) Where Chargesheet is submitted- take
cognizance u/S 190(1)(b) CrPC.
b) If Final Report is submitted-drop proceedings.
c) Where final report submitted and
complainant protest it, then Magistrate can
reject police report and take cognizance
u/S 190(1)(a). However, it is worth-while
to mention here that Magistrate is not
bound to comply with police report
submitted.

Let’s see an example of complaint;

Sender’s address

DD/MM/YY
Receiver’s address

Subject:
Sir/Ma’am, (Salutation)
Body of the Letter explaining the reason for your
letter and the complaint.
Page | 80
Thanking you
Yours faithfully, (Complimentary Closing)

Page | 81
Signature
NAME in block letters

Complaint Letter Sample 1 – Poor Maintenance of the

Garden and Improper Waste Disposal

45 B, Rory Lane
Damsel Street
Mumbai –
400056
29th December, 2021

The Secretary
Residential
Association Mumbai
– 400056

Subject: Complaint letter regarding the poor

maintenance of the garden and improper waste
disposal

Sir,
I am Shawn Mendez, a resident of Rory Lane. I am
writing to bring to your notice the poor maintenance
of the garden around our residential area and the
improper disposal of waste. The garden around the
residential area was watered regularly, and grass
shrubs were trimmed and maintained neatly in the
beginning. It has been more than a month now since
any kind of maintenance is done in the garden. We
have tried contacting the person in charge, but every
effort has just been in vain.
Another growing issue is the problem of waste
disposal. There were people from the corporation
collecting garbage for disposal every two days, but it
has been more than a week now since they have
collected any garbage from our area. This has led to
the accumulation of waste, and people have started
dumping it in the corner of the street as they have no
other choice. Kindly look into this and the
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maintenance of the garden as it would become a huge
mess if this continues. It would be highly appreciated
if you could also inform the residents that all garbage
would be collected and not to throw them out around
the street corners.
Thank you in advance.

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Yours
faithfully,
Signature
ABCD………

Criminal miscellaneous petition

Definition and Meaning
The term “Criminal Miscellaneous Petition” (CMP) is
not explicitly defined in the Code of Criminal
Procedure (Cr.P.C.) 1973 or any other law. The Oxford
Dictionary defines “Miscellaneous” as consisting of
various items that are not usually connected. In
general practice, a CMP is understood as a formal
application submitted before a criminal court for
various kinds of reliefs related to criminal
proceedings.
Nature and Purpose
A petition is a written application from an individual to
a governing body or public official requesting the
exercise of authority to grant relief, favors, or
privileges. In the context of criminal proceedings,
such a petition is termed a Criminal Miscellaneous
Petition. These petitions can be filed at any stage—
before, during, or after criminal proceedings.
Importance in Criminal Proceedings
Handling CMPs is a significant task for Magistrates and
Judges. CMPs can be filed at the inception of a
criminal proceeding, during the proceeding, or even
after its conclusion. Courts must ensure the
maintainability of these petitions based on jurisdiction
and competency. Orders on these petitions are often
interim in nature, and they may be filed under various
sections of the Cr.P.C. for specific purposes and
durations.

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Sample format of Petition under section 125 of Code
of Criminal Procedure, 1973 is given below:

Page | 85
 IN THE COURT OF PRINCIPAL FAMILY JUDGE AT

CASE NO. OF 20

IN THE MATTER OF:

MRS.
W_ PETITIONER
VERSUS
MR.H RESPONDENT

PETITION FOR MAINTENANCE UNDER SECTION 125 OF

CRIMINAL PROCEDURE CODE

MOST RESPECT FULLY SHOWETH:

The Petitioner, above named submits as under:

1. That the Petitioner No. 1 is legally wedded wife of

the Respondent.
2. That marriage of the Petitioner was solemnized
with Respondent on at according
to Hindu rites and ceremonies. The marriage was
registered with the Registrar of marriages at .
After marriage Petitioner No. 1 started residing at the
matrimonial home. Certified copy of the extract from
the concerned register is attached herewith as
Annexure A.
2. That for about four years, relation between
Petitioner No. 1 and her husband Respondent were
ordeal, but thereafter the Respondent started treating
her with cruelty.
3. That on the respondent turned out the
petitioner from the matrimonial home and since then
she has been compelled to live at her parental house.

Page | 86
4. That the respondent has never sent any money to
the petitioner to meet her expenses and expenses of
the minor child.
5. That the petitioner having no source of income is
unable to maintain herself and the child.
6. That the Respondent is a Government Employee
and earning Rs. 55,000/- per month Net Salary.
7. That the Respondent has no other liability, while
the Petitioner is dependent upon him for her day to
day expenses.
8. That the Petitioner is accordingly entitled to claim
maintenance to meet her day to day expenses.
9. That this Court has the jurisdiction to entertain and
try this petition as marriage between petitioner and
the respondent was solemnized here and the
petitioners are living within the Jurisdiction of this
Court.
[Link] the facts and circumstances of case
mentioned herein above this Hon'ble Court may
graciously be pleased to:

PRAYER
That the Petitioner, therefore, prays:
a) the Respondent be directed to pay monthly
allowance of Rs. 17500/- by way of Maintenance; 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

Page | 87
:

Page | 88
 VERIFICATION
I, W, the Petitioner, 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 affidavit to be filed in Support of Petition for

Maintenance under Section 125 of CrPC
IN THE COURT OF PRINCIPAL FAMILY JUDGE AT

CASE NO. OF 20

IN THE MATTER OF:

MRS.W
PETITIONER
VERSUS
MRS.H
RESPONDENT

AFFIDAVIT

I, Mr. / Ms. aged years,

Occupation the Petitioner do solemnly affirm

and say as follows:
1. That I am the Petitioner in the accompanying
Petitioner under Section 125 of CrPC and well
Page | 89
acquainted with the facts of the case.

Page | 90
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 Petitioner has not remarried and has not
been guilty of any conduct disentitling her to receive
maintenance from the Respondent.
4. That the Petitioner does not own any movable or
immovable property and has also no source of
income.

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.

Signed and verified this day of 20

at

DEPONENT

Page | 91
 Bail
Introduction
Black’s Dictionary defines bail as “Procuring the release
of a person from legal custody, by undertaking that he/she
shall appear at the time and place designated and submit
him/herself to the jurisdiction and judgment of the court”.
Bail is the conditional release of a person accused of a
crime, for an amount, pledged for the appearance of
the accused when the same is due in court. The
person paying the money acts as the surety. Getting
bail is one of the rights of the accused in a civil case
while it is the discretion of the bail granting authority
in a criminal case.
Historical development
Bail can be traced back as early as 399 BC when Plato
first tried to create a bond to free Socrates. In
medieval times, the circuit courts in Britain created a
system of bail. The concept of modern bail chiefly
originated from all the medieval laws governing it.
Kautilya’s Arthashastra also mentioned that avoiding
pre-trial detention was ideal therefore the concept of
bail was somehow prevalent in ancient India too.
During the 17th century that was the Mughal period,
bail was practised in the form of ‘Muchalaka’ and
‘Zamanat’.
Currently, bail is governed by the Code of Criminal
Procedure, 1973 (hereafter referred to as the ‘Act’).
Bail is not explicitly defined in the Act but the terms
bailable offence and non- bailable offences are
defined under Section 2(a). Section 436– 450 governs
the provisions relating to bail under the Act.
Types of bail in India
There are three types of bail in India-
 Regular bail

Page | 92
When a person commits a cognizable non-bailable
offence (offences which are so grave that a police
officer can arrest the accused without a warrant or
start the investigation without the

Page | 93
permission of a court), the police can take him under
custody and after the custody period expires he
must be sent to jail. Section 437 and 439 of the
Cr.P.C gives the accused the right to be released from
such custody. So, a regular bail is basically the release
of an accused from custody to ensure his presence at
the trial.
 Interim bail
This bail is granted as a temporary means and
granted for a short period of time, either during the
time of pendency of an application or when the
application of anticipatory or regular bail is pending
before the court. Interim bail is always conditional and
can be extended, but if it expires before the accused
has been granted an anticipatory bail or regular bail
and he fails to pay the amount required for continuing
the bail, then he loses his right of freedom and will be
taken under custody.
 Anticipatory bail
Anticipatory bail is self-defining. It is a type of bail
which is given to someone who is in anticipation of
getting arrested for a non- bailable offence by the
police. This is a very essential bail in recent times
because business rivals and other influential people
often try to frame their opponents in false cases. This
is an advanced bail mentioned under Section 438 of
the Act. A person who has been granted an
anticipatory bail cannot be arrested by the police.
Bail Application Format Under Section 439
BEFORE THE DISTRICT AND SESSIONS JUDGE COURT
AT (give the name of the District Court where
the bail application format India is being filed)
IN THE MATTER
OF STATE
VS
(Mention the name of the accused)

Page | 94
FIR Number: (Mention the FIR number)
Under Section: (Mention the sections under which
the FIR has been filed)

Page | 95
Police Station: (Mention the name of the Police
Station) Accused under custody since (Give the
date from when the accused is in custody)
APPLICATION U/S 439 CRPC FOR GRANT OF BAIL ON
BEHALF OF THE ACCUSED (name of the applicant
of the bail)
MOST RESPECTFULLY SUBMITTED AS UNDER:
1. That the present FIR has been registered on false
and bogus facts. The facts stated in the FIR are
fabricated, concocted and without any basis.
2. That the police has falsely implicated the applicant
in the present case and arrested him although the
applicant is a respectable citizen of the society and is
not involved in any criminal case.
3. That the facts stated in the complainant against the
applicant are civil disputes and does not constitute
any criminal offense at all.
4. That the applicant is not required in any kind of
investigation nor any kind of custodial interrogation is
required.
5. That the applicant is having very good antecedents,
he belongs to a good family and there is no criminal
case pending against them.
6. That the applicant is a permanent resident and
there are no chances of his absconding from the
course of justice.
7. That the applicant undertakes to present himself
before the police/court as and when directed.
8. That the applicant undertakes that he will not,
directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of
the case so as to dissuade him from disclosing such
facts to the Court or to any police officer.
9. That the applicant further undertakes not to tamper
with the evidence or the witnesses in any manner.
Page | 96
[Link] the applicant shall not leave India without the
previous permission of the Court.
11. That the applicant is ready and willing to accept
any other conditions as may be imposed by the Court
or the police in connection with the case.
[Link] the Court below has failed to consider all the
facts and circumstances of the case and has wrongly
dismissed the bail application.
It is therefore prayed that the court may direct the
release the applicant on bail in the interest of justice.
Any other order which the court may deem fit and
proper in the facts and circumstances of the case may
be also passed in favor of the applicant.
APPLICANT
THROUGH
COUNSEL
Memorandum of appeal and Revision
Introduction:
The human mind and by extension human actions are
not beyond fallacy and errors. This is particularly
important to remember in the course of criminal
justice. With this perspective, it is important to
understand in-depth how the memorandum of appeal
and revision work under section 378 of the Criminal
Procedure Code.
Criminal Procedure Code comprises detailed
provisions regarding memorandum of appeal and
revision.
Meaning of Appeal and Revision
Beginning with the meaning of these terms, a
memorandum of appeal denotes a written document
containing among other details the grounds on which
the decision of a court is challenged. The person who
files a memorandum of appeal is called an appellant.

Page | 97
Interestingly, the word ‘appeal’ has not been defined
in the Criminal Procedure Code. A Memorandum of
revision similarly is a document filed when the person
alleges that the decision passed by the court is
erroneous and should,

Page | 98
 therefore, be revised and set right. Unlike, review
where usually the case is re-examined in the same
court by the same judge, revision implies revising the
judgment by a higher court than the one that
delivered it. Section 397 to Section 405 includes
powers of revision whereas section 372 to Section 394
includes provisions related to the memorandum of
appeal.[1]
It should also be noted that while an appeal is a legal
right conferred upon the citizens by the laws of India,
revision is left to the discretion of the courts. In Hari
Shankar v. Rao Ghari Chowdhury,[2] the difference
between revision and appeal was briefly discussed. It
was observed by the Supreme Court that while appeal
included within itself the right to re-examine facts as
well as the questions of law, revision is a way for the
superior courts to intimate itself with the details of the
proceedings of the case satisfy itself that the case has
been decided according to the laws that govern the
land.

Specimen Form of Appeal to the High Court

IN THE HIGH COURT OF…………………… AT……………………

CIVIL APPELLATE JURISDICTION REGULAR CIVIL APPEAL
NO…………………… OF

IN THE MATTER OF:

A.B.C. Company Ltd. a company incorporated under the

provisions of the Companies Act and having its registered
office…………………… …
Appella
nt
Versus

M/s…………………… a partnership concern

(or XYZ company Ltd., a company incorporated under the
Companies Act and having its registered office
at……………………)
Page | 99
 …
Respondents

May it please the Hon'ble Chief Justice of the High

Court of…………………… and his Lordship's companion
Justices.
The appellant-company
MOST RESPECTFULLY SHOWETH:

1. That the appellant herein is a company duly registered

under the provisions of the Companies Act and the
registered office of the appellant is at…………………… and
the company is engaged in the business of
manufacturing……………………

2. That the respondents who are also doing business of

selling goods manufactured by the appellants and other
manufacturers approached the appellant for purchasing
from the appellantcompany the aforesaid manufactured
goods. An agreement was reached between the parties
which was reducing into writing. The appellant supplied
goods worth Rs. 15 lacs over a period of……………………
months to the respondents. A statement of account
regarding the goods so supplied is annexed hereto and
marked as ANNEXURE A-1.
3. That the respondents have made a total payment of
Rs. 6 lacs on different dates. The statement of the said
payments made by the respondents is appended and is
marked as ANNEXURE A-2.

4. That the remaining amount has not been paid by the

respondent despite repeated demands and issuance of a
legal notice by the appellant through advocate.

5. That the appellant filed a suit for recovery of the

aforesaid balance amount of Rs. 9 lacs together with
interest at the rate of 12% per annum and the cost of the
suit. The suit was filed on…………………… in the court of
the learned District Judge.

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6. That upon being summoned by the said court the
respondents appeared through counsel and filed their
written statement to which appellant-plaintiff also filed
replication (rejoinder).

7. That the parties led evidence. After hearing the counsel

for the parties the learned District Judge has by his
judgement and decree passed on……………………
dismissed the appellant's suit on the ground that the
evidence led by the parties does not establish the claim of
the appellantplaintiff. Copies of the judgement and decree
of the court below are annexed hereto and are marked as
ANNEXURE A-3 AND A-4, respectively.

Aggrieved by the aforesaid judgement and decree of the

court below dismissing the suit of the plaintiff this
appeal is hereby filed on the following, amongst other,
GROUNDS

A. That the judgement and decree under appeal are

erroneous both on facts as well as law.

B. That the learned trial court has failed to properly

appreciate the evidence, and has fallen into error in not
finding that the preponderance of probability was in
favour of the plaintiffappellant.

C. That there was sufficient evidence led by the plaintiff to

prove the issues raised in the suit and the defendant-
respondent has failed to effectively rebut the plaintiff's
evidence, more particularly the documentary evidence.

D. ……………………

E. ……………………

F. ……………………

8. That the valuation of this appeal for the purposes of

payment of court-fee is fixed at Rs…………………… and
the requisite court fee in the form of stamps is appended
to this memorandum of appeal.
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9. That this appeal is being filed within the prescribed
period of limitation, the judgement and decree under
appeal having been passed on…………………

In the above facts and circumstances the appellant prays

that this appeal be allowed, the judgement and decree
under appeal be set aside and the decree prayed for by
the appellant in his suit before the court below be passed
together with up-to-date interest and costs of both courts.

APPELLANT

VERIFICATION
Verified at…………………… on this, the…………………… day
of…………………, 20…. That the contents of the above
appeal are correct to the best of my knowledge and
belief……

APPELLANT
THROUGH
(……………………)

Page |
 SPECIMEN FORM OF REVISION
In the High Court of……………………
Civil Appellate Jurisdiction
Civil Revision No…………………… of 20….

IN THE MATTER OF:

ABC S/o………………… R/o………………
…
Petitioner
Versus
XYZ S/o………………… R/o………………
…
Respondent
AND
IN THE MATTER OF:
CIVIL REVISION AGAINST THE ORDER DATED…………………
PASSED BY THE LEARNED SUB-JUDGE, IST CLASS…………
IN THE SUIT ENTITLED ABC -VS.- XYZ (CIVIL SUIT NO.
…………………… OF 20….)

May it please the Hon'ble Chief Justice, High Court

of…………………… and his companion Justices. The
petitioner MOST RESPECTFULLY SHOWETH:

A. That the petitioner named above has filed a suit

against the respondents for the recovery of possession of
a house situated in……………………, fully described in the
plaint. The suit is pending in the court of Sub-Judge Ist
Class…………………… and the next date of hearing
is……………………

B. That on being summoned the respondent appeared

before the court below and filed his written statement
wherein he denied the petitioner's title set up in the suit
property.

C. That the trial court framed issues on……………… and

directed the petitioner (plaintiff) to produce evidence,
Page |
upon which the petitioner promptly furnished to the court
below a list of witnesses and also deposited their diet
expenses etc., making a request that the witness be
summoned by that Court.

D. That on a previous date of hearing that

is……………………, 200…, two witness of the petitioner
had appeared and their statements were recorded.
However, the learned Presiding Officer of the court below
passed an order that the remaining witnesses be
produced by the petitioner-plaintiff on his own without
seeking the assistance of the court. This order was passed
despite a request by the petitioner that at least those
witness named in the list who are State employees should
be summoned by the court, as they are required to
produce and prove some official records.

E. That on the next date of hearing the learned trial court

by the order impugned in this revision closed the
evidence of the petitioner-plaintiff on the ground that the
remaining witnesses were not produced by him.

F. That the impugned order has caused great prejudice to

the petitioner and if the same is allowed to stand the
petitioner's suit is bound to fail.

G. That the trial court has unjustifiably denied assistance

of the court to the petitioner-plaintiff to secure the
attendance of his witnesses. The interests of justice
demand that he is provided with all legal assistance in
this regard.

In the facts and circumstances discussed above the

petitioner prays that this Hon'ble Court be pleased to
quash and set aside the order under revision and direct
the court below to provide assistance of the court for
summoning the plaintiff-witnesses.

PETI
Page |
TIONER

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CONVEVANCING
Definition of Conveyancing: Conveyancing is an art of
drafting deeds and documents whereby any title, right
or interest in an immovable property is transferred
from one person to another. Such person can be
natural or artificial i.e. Corporate, the Company, the
Society or the Corporate Sole as the case may be.
Conveyancing is based on law and legal principles
which have been evolved in the sphere of
conveyancing over years or rather centuries. The
objective of Conveyancing cannot be possible without
a thorough knowledge and understanding of the legal
provisions applicable on the subject matter of transfer
of property or right therein. In the present world, the
scope of conveyancing has become very wide and
extensive in use and advantage to different fields of
business, profession and industries. Drafting
document is now a legal task and not merely a
technical
one. Different types of deed require knowledge of
different types of law on which those deeds are based.

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In India the forms of conveyancing are based on the
present English forms. No legislation in India has been
ever passed on the law of conveyancing. Both in India
and England, there are two types of deeds namely –
“Deed Poll” and “Indenture”. The deed poll is a
document which is executed unilaterally in the first
person like bonds, power of attorney and will etc. The
Indenture is a document which is executed bilaterally
or consist of multilateral deed like mortgages, sale
deed, gifts and lease etc.
Principles of drafting a document may be classified into 4
parts:
(1)Clarity of expression
(2)Design of Draft
(3)Precision of language
(4) Communicability of the intention of the parties to
the document
Essentials of a Deed:
(1)The non-operative part
(2)The operative part
(3)The format part
The non-operative part contains description or name
of deed, date of the deed, parties to the deed and the
recitals.
The operative part contains testatum or premises,
habendum, exception and reservations and
covenants. The formal part contains testimonium,
signature and attestation, parcels of description of the
parties
SALE DEED
Sale deed is a legal document describing the transfer
of right, title and ownership of property by a seller to
a purchaser at a price fully paid or to be paid in
instalments at a future date. The entire amount of
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sale transaction also known as sale consideration is
paid at the time of registration of sale deed.

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 SALE DEED
This Sale agreement made this
2020 between;
Mr. , Age
years resident of
(hereinafter
called the “Vendor”) of the One part
and
Miss , Age years
(hereinafter called the “Vendee”) of the
Other part.
Witnesseth as follows:
the Vendor is the absolute owner, having acquired the
property, which is more
specifically and clearly
delineated in the schedule hereto, by inheritance / by
partition of joint family
properties/ by release/by gift / by gift
settlement / by will / by sale executed by
…………………………………and registered as document
No…………of….....................of
Book...........................Volume
No…………………..Pages……………….in the office of
the Registrar / Sub-Registrar…
.......................................................................................................
and
since then he is in
the possession and absolute enjoyment
thereof.

Whereas the vendor intends to sell away the said

property mentioned in the
scheduleand whereas the Vendee
offered to purchase it for a sum of
Rs..............................for which the
Vendor accepted has agreed to sell the the
and same to
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Vendee.

NOW THIS DEED OF SALE WITNESSETH:

That in consideration of payment of

Rs…………………(Rupees ) by cash/by Cheque No.
Date:

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/by Demand Draft No………………Date……………….by
the Vendee to the Vendor/paid in the presence of
the Sub- Registrar, the receipt of which the Vendor
hereby acknowledges, the Vendor hereby sells,
conveys, transfers and assigns unto the Vendee all
his rights, title and interest, claim and demand
whatsoever in the schedule mentioned property and
delivers vacant possession thereof to the Vendee to
hold the same absolutely for ever free from all
encumbrances, together with all water sources,
privileges, easements, appurtenances or any other
things hidden in the earth belonging to or
appurtenant thereto.

The Vendor further agrees to indemnify the Vendee

and keep him free from disputes
if any raised or objections made to
this conveyance by any one and further should
any claim be made or dispute raised
at any time of any one in regard to this sale, the
vendor hereby undertakes that he shall, at his own
cost, settle the same and execute or cause to be
executed such further acts, deeds and things as to
more fully effectively convey title to the property
hereby sold and conveyed to the Vendee.
The Vendor also assures the Vendee that if there
remains any liability of taxes or
rates for the said property to the Municipal
Corporation / Municipality / Panchayat
or other Government
or statutory authorities upto the
date of this conveyance, the Vendor shall clear the
same and in case the same are collected from the
Vendee, the Vendor shall pay the same to the vendee.
The Vendee is hereby entitled to get the said property
transferred in his name in all Panchayat / Municipal/
Municipal Corporation records and enjoy the same
with absolute rights forever.
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 Schedule

All that piece and parcel of the land measuring ———-

Square yards or acres
Square meters/Guntas / cents in
Survey No./[Link].——– together with the house
bearing [Link]. ——–—- with a plinth area of square feet
————, situated at ———— covered by ward No……..
Block No….. of Municipal Corporation Area/Municipal
Area/ Panchayat Board area and
Sub- District and ——————-.
IN WITNESS WHEREOF, the VENDOR and the
VENDEE
have signed this SALE DEED at —
——– on the date first mentioned above in the
presence of the following witnesses:
VENDOR

VENDEE

WITNESSES:
1.
2.
Simple mortgage
Introduction
According to Section 58 of the Transfer of Property
Act, 1882, a mortgage is the transfer of an interest in
specific immoveable property for the purpose of
securing the payment of money advanced or to be
advanced by way of loan, an existing or future debt or
the performance of an agreement which may give rise
to pecuniary liability
The transferor is called a mortgagor, the transferee a
mortgagee; the principal money and interest the
payment of which is secured for the time being are
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called the mortgage money and the instrument by
which the transfer is affected is called the mortgage
deed

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.Draft of Simple Mortgage Deed
DEED OF SIMPLE MORTGAGE THIS DEED OF SIMPLE
MORTGAGE is made at this day of
200 between (1) ,
son/daughter of aged about
years resident at
(hereinafter referred to
as the ‘Mortgagor which expression shall unless
repugnant to the context or meaning thereof, be
deemed to mean and include his/her legal heirs,
executors and administrators) of the one part. OR
(applicable in case of a couple ) ,
son/daughter of aged about years
and his/her spouse , son/daughter
of
aged about years both
residing at
(hereinafter referred to as the
‘Mortgagors’ which expression shall unless repugnant
to the context or meaning thereof, be deemed to
mean and include their legal heirs, executors and
administrators) of the one part; and (2)
[Housing Finance Company
(HFC)], a company within the meaning of the
Companies Act, 1956 (1 of 1956) and having
its registered office at
(hereinafter referred to as
the ‘Mortgagee’ which expression shall, unless
repugnant to the context or meaning thereof, be
deemed to include its successors in interest and
assigns) of the other part; OR (in case of a Bank) [ x ]
a banking company within the meaning of the
Banking Regulation Act, 1949 and having its
registered
/head office at [ x ] and a branch office at
(hereinafter referred to as the ‘Mortgagee’ which
expression shall, unless repugnant to the context or
meaning thereof, be deemed to include its successors
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in interest and assigns) of the other part; WHEREAS:
(A) The Mortgagor is absolutely seized and possessed
of or otherwise well and sufficiently entitled to the land
and premises bearing municipal survey no. lying
being and situate at within
the city/village limits of [ ] registration sub-district [
] and district [ ] (hereinafter referred to as the “
Residential Property”) more particularly described in
the Schedule hereunder written

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This Deed of Mortgage made at ...................... this
................
day of ................... Between X, son of
...............................
resident of ............................ hereinafter called as a
mortgagor
of the ONE PART and Y, son of ......................
resident of
.................. hereinafter called as a mortgagee of the
OTHER PART.

WHEREAS, the mortgagor is absolutely seized and

possessed of or otherwise well and sufficiently entitled
to the house bearing municipal no................ situated
on ........................
Road, ....................... more particularly described in
the Schedule hereunder written;
(B) By a loan agreement dated (the “Loan
Agreement”) made between the Mortgagor as the
borrower of one part and the Bank as the lender of the
other part, the Mortgagee has agreed to lend and
advance to the Mortgagor and the Mortgagor has
agreed to borrow from the Mortgagee the amount of
Rs. (Rupees
) (the “Loan”) upon the
terms and conditions set out therein against the
security by way of mortgage of the said Residential
Property (C) The Mortgagee has called upon the
Mortgagor to create mortgage on the said Residential
Property as and by way of security for repayment of
the Loan and payment of interest as hereinafter
provided. NOW THIS DEED WITNESSETH that in
pursuance of the said Loan Agreement and in
consideration of the sum of [Link] and advanced/ to
be lent and advanced by the Mortgagee to the
Mortgagor on the execution of these presents (the
receipt whereof, the Mortgagor doth hereby admit)
the Mortgagor hereby covenants with the Mortgagee
that the said sum of Rs.
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 together with interest, costs, charges,
expenses and all other amounts payable under the
Loan Agreement (the “Mortgage Debt”) shall become
due and payable on the happening of any one of the
following events (hereinafter referred to as the
“Specified Event”) whichever occurs first, that is to
say: a) on the Mortgagor’s death (or in case where the
Borrowers are a married couple, on the death of the
surviving spouse); or b) in the event of the
Mortgagor

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selling the Residential Property ; or c) if the Mortgagor
permanently moves out of the Residential Property;
Provided that: i) the amount of the Mortgage Debt
shall not exceed the sale proceeds realized on sale of
the Residential Property and in that event the claim
for the Mortgage Debt shall not exceed the sale
proceeds of the said Mortgaged Property; ii) in the
event of any heir/legal
representative/executor/administrator of the
Mortgagor is willing to repay and discharges the
Mortgage Debt within sixty days after the death of the
mortgagor or his/her spouse, the Mortgagee shall not
take any action for enforcement of the security on the
Residential Property. iii) in the event the sale
proceeds, on the sale of the Residential Property on
enforcement of the security exceeds the Mortgage
Debt, such excess amount shall be retained by the
Mortgagee and the Mortgagee may make payment of
the same to the legal heirs of the Mortgagor as may
be decided by the Mortgagee in its absolute discretion
after such legal heirs shall have satisfied the
Mortgagee by such evidence as may be satisfactory to
the 3 Mortgagee that he/they is/are the legal heir(s)
and the only person entitled to inherit the estate of
the deceased Mortgagor. AND THIS DEED
FURTHER WITNESSETH that in
consideration aforesaid, the Mortgagor doth hereby
transfer by way of mortgage the Residential Property
together with all his rights, title and interest in the
piece or parcel of land bearing municipal no. [ ]
and lying bearing and situate at
within the city/village
limits of [ ] registration sub-district [
] and district [ ]
(hereinafter referred to as the “Mortgaged Premises”)
and described in the Schedule hereunder written as a
security for repayment and payment of the said
Mortgage Debt with a condition that on the Mortgagor
or his heirs, executors, administrator, assigns
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repaying/paying the Mortgage Debt due to the
Mortgagee in accordance with the provisions
contained in the Loan Agreement and thereupon, the
Mortgagee will release the Mortgaged Premises from
the mortgage security and shall if so required by the
Mortgagor execute a Deed of Release at the cost of
the Mortgagor. AND IT IS HEREBY AGREED AND
DECLARED that in the event

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the Mortgage Debt is not paid on occurrence of any of
the Specified Events, the Mortgagee shall be entitled
to have the said Mortgaged Premises sold through any
competent Court and to realize and receive the said
Mortgage Debt out of the net sale proceeds of the said
Mortgaged Property. Nothing stated hereinabove shall
prejudice or adversely affect the right of the
Mortgagee to enforce the security of mortgage of the
Residential Property created hereunder by resorting to
the proceedings, remedies and enforcement of its
rights available to it under the Recovery of Debts Due
to Banks and Financial Institutions Act, 1993 and The
Securitisation and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002, each
for the time being in force. AND IT IS FURTHER
AGREED AND DECLARED by the
Mortgagor that he shall also be liable to pay and shall
pay all the costs, charges and expenses that the
Mortgagee will incur for the protection of the
mortgage security and/or for the realization of the
Mortgage Debt and the same shall be deemed to form
part of the Mortgage Debt and the security thereof as
aforesaid. AND IT IS FURTHER AGREED that during
the pendency of the security hereby created and until
repayment and payment of the Mortgage Debt, the
Mortgagor will get insured and keep insured the
Mortgaged Premises from or against loss and
damages due to fire or any other accident in the sum
of at least Rs. with some
Insurance Company of repute (and which has been
approved by the Mortgagee) and pay all premia on the
insurance policy as and when the same become due
and shall be payable in respect thereof to such
company and shall hand over the policy/ies to the
Mortgagee duly endorsed in its name as assignee And
in the event of the Mortgagor failing to do so or to pay
the premium, the Mortgagee will be entitled to insure
the Mortgaged Premises 4 and/or to pay the premium
thereon and the amount paid by the Mortgagee in
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respect thereof will be deemed to form part of the
Mortgage Debt. AND IT IS FURTHER AGREED that in
the event of the Mortgaged Premises being destroyed
by fire or any accident as aforesaid, the Mortgagee
will be entitled to receive the insurance claim

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under such policy to the exclusion of the Mortgagor
and to appropriate the same first towards all arrears
of interest and then the principal amount or any part
thereof as may be sufficient to pay the Mortgage Debt
due and if any surplus remains the same only will
become payable to Mortgagor. IN WITNESS WHEREOF
the parties have put their hands the day and year first
hereunder written. THE SCHEDULE – I REFERRED TO
ABOVE (Description of the Residential Property)
Signed and delivered by, ……., the Mortgagor, Signed
and delivered by, ……., the Mortgagee, in the
presence of WITNESSES:
1.

2. AND WHEREAS, the mortgagor has requested the

mortgagee to lend him a sum of Rs. ........................
which the mortgagee has agreed on the mortgagor
mortgaging his property.

NOW, This Deed Witnesseth That in pursuance to the

said agreement and in consideration of the sum of
Rs. ..................
at or before the execution of these presents paid by
the mortgagee to the mortgagor (the receipt
whereof, the mortgagor doth hereby admit and
acknowledge and of and from the same hereby
release and discharge the mortgagee), the mortgagor
hereby covenants with the mortgagee that he will
pay on the ..................... day of...............(hereinafter
called "the said date"), the said sum of Rs.........with
interest @ ........ % per annum from the date of these
presents till the repayment of the said sum in full,
every quarter the first instalment of interest to be
paid on the ................... day of
.......... 20 and each subsequent instalment on the
................ day of July, October, January and April
of each succeeding year until the said sum is
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repaid in full.

AND this deed further WITNESSETH that

In consideration aforesaid, the mortgagor doth hereby

transfer

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by way of mortgage his house bearing municipal no
................. situated on .............. Road...............and
more particularly described in the Schedule
hereunder written as a security for repayment of the
said sum with interest @
................ per annum with the condition that the
mortgagor, his heirs, executors, administrators or
assigns shall on the said the pay to the mortgagee,
his heirs, executors, administrators or assigns the
said sum of Rs ..............
together with interest thereon at the rate mentioned
above, the said mortgagee, his heirs, executors,
administrators, or assigns shall at any time thereafter
upon the request and at the cost of the mortgagor, his
heirs, executors, administrators or assigns reconvey
the said house, hereinbefore expressed to be
mortgaged unto or to the use of the mortgagor, his
heirs, executors, administrators or assigns or as he or
they shall direct.

And It Is Hereby Agreed And Declared that if the

mortgagor does not pay the said mortgage amount
with interest when shall become due and payable
under these presents, the mortgagee shall be entitled
to sell the said house through any competent court
and to realise and receive the said mortgage amount
and interest, out of the sale proceeds of the house.

And It Is Further Agreed And Declared by the

mortgagor that during the period, the mortgage
amount is not paid and the said house remains as a
security for the mortgage amount, the mortgagor
shall insure the said house and take out an insurance
policy in the joint names of the mortgagor and
mortgagee and continue the said policy in full force
and effect by paying premium and in case of default
by the mortgagor to insure or to keep the insurance
policy in full force and effect, the mortgagee can
insure the said house and the premium paid by the
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mortgagee will be added to the mortgage amount, if
not paid by the mortgagor on demand.

And It Is Further Agreed That the mortgagor can grant

lease of the said house with the consent of the
mortgagee in writing.

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And It Is Further Agreed by the Mortgagor that he shall
bear stamp duty, registration charges and other out of
pocket expenses for the execution and registration of
this deed and reconveyance deed but however each
party will bear cost and professional charges of his
Solicitor/Advocate.

IN WITNESS WHEREOF the parties have put their

hands the day and year first hereunder written.

The Schedule above referred to

Signed and delivered by X the within named

mortgagor Signed and delivered by Y the within

named mortgagee WITNESSES;

1.

2.
Mortgage by conditional sale
Mortgage by Conditional Sale [Section
58(c)] Clause (c) of Section 58 reads:
Mortgage by conditional sale.—Where, the mortgagor
ostensibly sells the mortgaged property— on condition
that on default of payment of the mortgage money on
a certain date the sale shall become absolute, or on
condition that on such payment being made the sale
shall become void, or on condition that on such
payment being made the buyer shall transfer the
property to the seller, the transaction is called
mortgage by conditional sale and the mortgagee a
mortgagee by conditional sale: Provided that no such
transaction shall be deemed to be a mortgage unless
the condition is embodied in the document which
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affects or purports to affect the sale.

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The concept of a mortgage by conditional sale (known
as ‘bye- bil-wafa in Islam) was introduced by the
Muslims due to the prohibition in their religion to not
take interest on the money which is lent by way of
loan. This type of mortgage enabled them to realize
their principal amount as well as interest, at the same
time keeping their conscience clear.
Basic elements of a mortgage by conditional sale are:
[Link] mortgagor must ostensibly sell the property
to the mortgagee.
[Link] must be a condition on such sale that either,
 on the repayment of the debt on a certain date,
 the sale shall become void or the buyer shall
transfer the property to the seller, or in default of
payment on the agreed date, the sale shall
become absolute.
 The condition must be contained in the same
document.
An example of Deed of Mortgage by conditional sale
Deed of Mortgage by Conditional Sale THIS DEED
of Mortgage made the……….. day of…
............................................................................................
2007,
BETWEEN 'AB' of………….. etc. (hereinafter called
"the Mortgagor"), of the One Part and 'CD' of…
...............................................................................................
etc.
(hereinafter called "the Mortgagee"), of the Other
part WITNESSES that in consideration of the sum
of Rs.………….. paid to the Mortgagor by the
Mortgagee (the receipt whereof the Mortgagor
hereby acknowledges) the Mortgagor do hereby
grant, transfer, convey, assign and assure to the
Mortgagee ALL that etc. To Have and To Hold the
same absolutely and for ever subject to the
condition hereby expressly declared, namely, that
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if and when the Mortgagor shall repay or cause to
be repaid the said sum of Rs.………….. with
interest thereon at the rate of………… per cent per
annum on or before
...............................................................................................
day
of………….. 2007, time for which purpose shall be
deemed as essence of contract then and in such
an event the sale hereby effected shall stand void
and shall be of no effect to all intents and
purposes and the Mortgagee shall

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 at the costs of the Mortgagor reconvey and
retransfer the said property and every part
thereof as then existing to the Mortgagor
provided, however, that if the Mortgagor shall fail
and/or neglect to repay the said sum with interest
at the said rate on or before the said date, or any
portion thereof the sale hereby effected shall
become absolute and the Mortgagee shall be
entitled to foreclose the mortgage when and in
such an event the Mortgagee shall be the absolute
owner of the property freed and discharged from
all the right of equity of redemption of the
Mortgagor. AND IT IS HEREBY FURTHER AGREED
AND DECLARED
that notwithstanding anything hereinbefore
contained the Mortgagor shall remain in
possession of the said property and pay all rents,
cess, taxes, rates and other impositions which are
now or may hereafter be imposed on the said
property and in case the Mortgagor fails and/or
neglects to make such payments on or before the
due date of payments therefor, the Mortgagee
shall be at liberty to pay the same and add such
sum or sums to the principal money hereby
secured which shall carry interest at the aforesaid
rate. And that the Mortgagor do hereby covenant
with the Mortgagee that he has good title to the
property and absolute authority and power to
transfer the same in the manner hereinbefore
indicated and that the property is free from all
encumbrances and attachments whatsoever. IN
WITNESS WHEREOF the parties herein under have
set their hands on the date and year hereinabove
mentioned. Witnesses: Signed, sealed and
delivered 1. MORTGAGOR 'AB' 2. MORTGAGEE
‘CD’
Mortgage by deposit of the title deed
 The concept of Mortgage by deposit of title deeds
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 is unique and seemingly simple as compared to
the other kinds. Here, the debtor just delivers to
the creditor the documents i.e., the title-deeds of
immovable property with intent to create a
security thereon:
LD/2239 MEMORANDUM OF DEPOSIT OF TITLE DEEDS
THIS MEMORANDUM Executed this day of

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 20 by
hereinafter called/referred as the MORTGAGOR/ S
(which expression shall unless repugnant to the
meaning or context thereof shall include his/her/its
heirs, legal representatives, executors,
administrators, successors and assigns), IN FAVOUR
OF The South Indian Bank Ltd., a Banking Company
registered under the Indian Companies Act having its
registered office at Thrissur – 680 001, Kerala and
Branch
office among other places at hereinafter
called/referred as the MORTGAGEE (which
expression shall unless repugnant to the meaning or
context thereof shall include its successors and
assings) in respect of the property mentioned
hereunder in the Schedule to create a security for
the Loan borrowed by M/s.
……………………….
on……………. The Mortgagor/ s have on.........deposited
the following documents of title deeds relating to
their properties listed hereunder with the
Mortgagee at their
………. Branch with an intent to create an
EQUITABLE MORTGAGE in favour of the Mortgagee
over the property/ ies to which document relate to
them described hereunder for the purpose of
securing repayment to the Mortgagee of all the
amounts owing to the Mortgagee under advances
made and to be made by the Mortgagee to M/s.
………………
or to any one of us or to any concern, in which I am/
we are the owner(s) / partner(s)/ proprietor by
way of loan of
Rs. (Rupees ) and
above together with interests and other charges
thereon. The Mortgagor/ s further declare that the
documents deposited are all were in his/ her/ their
possession and control and that the property/ ies is/
are not charged or encumbered in anyway
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whatsoever. LIST OF DOCUMENTS OF TITLE Sl.
Number & Date Name of Parties to Document
Nature of No of Document Document From To
Document DESCRIPTION OF PROPERTY All the piece
and parcel of land measuring
(with building
bearing
No. of Panchayat/
Municipality/
Corporation bearing Survey No. in
Village, Taluk District bounded on
the

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East : West: North: South: Situated within the
Registration
Sub District of and Registration
District of
. IN WITNESS WHEREOF THE
MORTGAGORS have subscribed their signatures at
on the day, month and year first
above mentioned.
LD/ 2239
MORTGAGOR/
S WITNESSES :
1.
2.

What Is a Subprime Mortgage?

A subprime mortgage is one that’s normally issued
to borrowers with low credit ratings. A prime
conventional mortgage isn’t offered, because the
lender views the borrower as having a greater-than-
average risk of defaulting on the loan.
Lending institutions often charge interest on
subprime mortgages at a much higher rate than on
prime mortgages to compensate for carrying more
risk. These are often adjustable-rate mortgages
(ARMs) as well, so the interest rate can potentially
increase at specified points in time.
Key Takeaways
 “Subprime” refers to the below-average credit
score of the individual taking out the mortgage,
indicating that they might be a credit risk.
 The interest rate associated with a subprime
mortgage is usually high to compensate lenders
for taking the risk that the borrower will default on
the loan.

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 These borrowers typically have credit scores
below 620 along with other negative information
in their credit reports.

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  The 2008 financial crisis has been blamed in large
part on the proliferation of subprime mortgages
offered to unqualified buyers in the years leading
up to the meltdown.1
 New mortgages to subprime borrowers have
restrictions placed on them and must be properly
underwritten.
Usufructuary Mortgage
Meaning of usufructuary mortgage
Under a usufructuary mortgage in India, the borrower,
known as the mortgagor, transfers the property to the
lender, known as the mortgagee and the mortgagee
receives the right to possess and enjoy the income or
produce from the property. The mortgagee can utilise
the property for their own benefit or collect rent, lease
it out or use it for any other productive purposes to
recover the mortgage debt.
During the mortgage period, the mortgagee retains
possession of the property and can enjoy the benefits
derived from it. However, unlike other types of
mortgages, the mortgagee is not entitled to sell the
property to recover the debt. Once the mortgage is
fully repaid, the mortgagor regains possession and full
ownership of the property.
Usufructuary mortgages in India are typically used in
cases where the borrower needs funds and is willing
to provide the lender with the income or produce from
the property as security. This type of mortgage allows
the borrower to retain ownership while providing the
lender with an income stream to recover the loan
amount.

USUFRUCTUARY MORTGAGE DEED

KNOW ALL MEN by this ‘Mortgage’ deed executed on
between
…….
aged
……. residing at
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……
herein after called the MORTGAGOR.
AND

aged

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……… Years residing at

herein after called the

MORTGAGE. WHEREAS the Mortgagor purchased a
house situated at

(Location of
the house) more specifically described in the Schedule
attached hitherto, by his self earnings as an Advocate.
AND WHEREAS the Mortgagor hereby mortgages the
above said house to the buyer for a loan amount of
Rs. ………
(Rupees……………………………………………………………
…………. ……………………………...only) the need of
money being for his family expenses and for the
marriage of his daughter. Now This Deed Witnesseth:
1. That the Mortgagor hereby in lieu of interest for the
said loan amount, gives possession of the said house
for a period of ….. years and thus transfers limited
ownership of the property to the mortgagee. 2. That
the mortgagee has the right to receive rent, pay
taxes, occupy, possess, enjoy and lease the property
subject to the provision of redemption but not to
mortgage or sell the property.
3. That the mortgagor promises to pay back the
mortgage loan to the mortgagee immediately after
expiry of the mortgage and that the mortgagee
promises to give back the possession of the house and
title deeds to the mortgagor, immediately on receipt
of the mortgaged money from the mortgagor. 4. That
the mortgagor hereby declares that the there is no
encumbrance in the property and indemnifies the
mortgagee against any loss arising due to any such
encumbrance in the said property.
5. That the mortgagor has received Rs......only
(Rupees.....................................................................................only)
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as loan from the mortgagee of the property. IN
WITNESS WHEREOF, the Mortgagor and the
Mortgagee hitherto have signed on ……. at …….
…………….. before the Sub Registrar’s Office …………..
Schedule of the property East : West : North : South:

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(Signature of the
Mortgagor) (Signature of
the Mortgage)
WITNESSES:
1
2
What is a lease deed?
 A Lease Deed is a contract between the lessor
(owner of the property) and the lessee (the tenant
of the property) for the use of the said property on
a lease rental basis. It is similar to a rent
agreement between a landlord and a tenant, but
is usually executed for a longer time period- at
least more than one year.
Lease Deed
LEASE DEED THIS DEED OF LEASE made on this
day of 20 at
between

. residing

hereinafter referred to as the Lessor (which term shall

mean and include wherever the context so requires or
admits his/their heirs, successors, administrators,
executors, attorneys and assigns)of the One part
and BANK a
body corporate hereinafter
referred to as the Lessees (which term shall mean and
include wherever the context as admits or requires its
successors, administrators and assigns) of the Other
Part represented by its Manager and holder of
Power of Attorney dated
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 Sri , S/o.
witnesseth as follows
- WHEREAS,
the Lessor/s is/are the owners of the building

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bearing No. situated at
which is
declared to be value of Rs. by him / them
and * WHEREAS, the Ground floor / First floor / Second
floor measuring about [Link]. (Carpet area) in
the said building more fully described in the schedule
hereto and hereinafter called the "Said Premises"
was / were vacant and ready for occupation and
whereas the Lessee being in need of accommodation
for its use and occupation approached and requested
the Lessor / s to grant lease in its favour in respect of
the "Said Premises" and whereas both the parties now
desired to reduce the terms into writing and whereas
the Lessor
/ s agreed to grant lease in favour of the Lessee in
respect of the "Said Premises", it is now hereby
agreed as follows - ** WHEREAS, the Lessee is already
a tenant under the Lessor / s in respect of the above
building fully described in the schedule hereto and
hereinafter called the "Said Premises" paying a
monthly rental of Rs. and whereas the
Lessor approached and requested the Lessee to pay
an enhanced
rental of Rs. and whereas the Lessee
consented to pay the enhanced rental of Rs.
and whereas both the parties now
desired to reduce the terms into writing, it is now
hereby agreed as follows
- 1. This lease for purposes of payment of rent and
period of lease shall be deemed to have commenced
from
2. This lease shall be in force for a period of years
certain from . The Lessee shall, however, have
the option to continue the lease thereafter for a
further period upto
years. The Lessee shall be at liberty to
vacate the "Said Premises or part thereof" at any time
during the period of lease on giving month/s notice.

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3. The Lessee shall pay to the Lessor/s in respect of
the `said premises' a monthly
rental of Rs. (Rupees

only) for the certain period of lease and a monthly

rental of Rs.
for the option period of lease payable
within the fifth working day of each succeeding
calendar month. 4. The Lessee has paid to the Lessor /
s a sum of Rs.
only

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being month / s rent in respect of the
‘said
premises' as deposit of rent to be adjusted towards the
rent for
the last month / s of the tenancy. 5.
The
payment of all taxes, rates, cess and other levy
including penalties, if any, charged thereon in respect
of the `said premises', such as Corporation / Municipal
/ Panchayat Tax, Urban Land Tax, etc., due to the
State Government, Central Government or other local
or other civic, including enhancements and new
introductions shall be to the account of the Lessor.
The Lessee shall be at liberty to pay the above tax,
rate or cess or other levy including penalties, if any,
charged thereon in case of default or delay by the
Lessor and adjust the amount so paid together, with
interest and other incidental expenses from out of
rents in respect of the `said premises' becoming due
immediately after the said payment or demand
reimbursement of all such amounts, costs, expenses,
etc., with interest @ % per annum from the
date of such payments until realisation by the Lessee.
Service tax (if applicable) will also be borne and paid
by lessor (landlord). 6. The Lessor shall, at his / their
own cost, carry out all repairs including periodical
painting of the `said premises'. The periodicity of such
painting will be once in 3 - 5 years. If the Lessor fails
to carry out such repairs including periodical
whitewashing and painting, the Lessee may call upon
the Lessor in writing to do the same within one month
from the date of receipt of such request and if the
Lessor fails to carry out the same within that time, the
Lessee shall be at liberty to get it done and adjust the
amount spent or expended or such repairs, etc., with
interest % per annum towards the
rent payable to the Lessor or the Lessee shall have
the right to recover the same from the Lessor. 7. The
Lessee shall be at liberty to under-lease / sub-lease
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the `said premises' or part thereof to any of its
subsidiaries or to any other party. 8. The Lessee shall
have the right to utilise the leased premises or part
thereof for any of their various needs. 9. The Lessor
shall grant all rights of way, water, air, light and privy
and other easements appertaining to the `said
premises'. 10. The Lessor has no objection to the
Lessee in installing the exclusive generator

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sets for the use of the Office whether such generator
sets are owned by the Lessee or taken on hire by a
Third Party for the exclusive use of the Lessee.
Further, the Lessor agrees to provide suitable space
with proper enclosures for installation of generator set
free of cost. 11. The Lessee shall have exclusive right
on the parking space for parking of the vehicles of
staff members and customers of Lessee and the same
shall not be disturbed obstructed or encroached in any
manner by any persons whomsoever. 12. The Lessee
shall have the absolute & exclusive right to use the
entire space in ‘said premises’ both outside and inside
for making full use of frontages and the side walls in
displaying Lessee’s signboards / advertisements
without any additional charges to the exclusion of
third parties. If anybody causes any intrusion, trespass
or encroachment restricting the peaceful enjoyment of
the Lessee over the space which is specifically meant
for usage of the Lessee, the Lessor on receipt of such
Notice from the Lessee shall take all possible legal
actions against such violations including criminal
action, if necessary. If the Lessor fails to take legal
recourse to remove such intrusions, trespass or
encroachments within one month from the date of
receipt of such Notice from the Lessee, the Lessee
shall be at liberty to take legal action against the
violators and recover the cost / expenses incurred for
such removal out of the rent payable to the Lessor or
from any other monies payable to the Lessor.” 13. The
Lessor has no objection to the Lessee installing ATM in
the said premises at any time without any additional
rent to the Lessor, the ATM room will be constructed
by the Lessor at his cost and that the Lessor will
provide the required additional power to the Lessee.
14. The First Party has no objection to the Second
Party installing V- SAT antenna in the said premises at
any time without additional rent (free of cost) to the
First Party. 15. The Lessee shall have the right to
remove at the time of vacating the `said premises', all
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electrical fittings and fixtures, counters, safes, strong
room door, safe deposit lockers, partitions and all
other furniture put up by it. 16. The Lessee shall be
liable to pay all charges for electricity and water
actually consumed by the Lessee during the
occupation and calculated as per the readings
recorded by

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the respective metres installed in the `said premises'.
17. The Lessee shall not make any structural
alterations to the building without the information and
permission of the Lessor. However, the Lessee is at
liberty and no permission of Lessor is required for
fixing wooden partitions, cabins, counters, false ceiling
and fix other Office furniture, fixtures, electrical
fittings, airconditioners, exhaust fans and other
fittings and Office gensets, etc.,as per the needs and
requirement of the Lessee and or make such other
additions and alterations on the premises which will
not affect the permanent structure. 18. The Lessor
may at their own cost and expenses construct any
additional structure/additional floor in the building and
in which case and if the Lessor decides to lease out
the said additional floors / area, then the first option
and offer will be given to the Lessee and the Lessee
shall have the right to take the same on lease on
mutually acceptable terms. And in case of refusal by
the Lessee, then the Lessor will be at liberty to lease
out the same to any other party. 19. The Lessee shall
hand over possession of the `said premises' to the
Lessor on the expiry of the period of lease fixed herein
or on the expiry of the period of option should the
Lessee avail itself of the same and on refund of
deposit made by the Lessee, if any, in the same state
and condition as on the date of occupation but subject
to natural wear and tear due to ordinary use and lapse
of time. SCHEDULE OF THE PROPERTY (Here enter the
boundaries and other details of premises leased out).
In witness whereof the parties hereto have set their
hands hereunto in full agreement of the terms and
conditions set-forth herein above the day and year
hereinbefore first mentioned. WITNESSESS LESSOR / S
(1). (2). LESSEE * This para is applicable only while
acquiring a premises on fresh lease. Please delete the
immediately succeeding para pertaining to renewal of
lease. ** This para is applicable only while renewal of
lease. Please delete the immediately preceding para,
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pertaining to fresh lease.
What is a gift deed?
A gift deed is an agreement that is used, when a
person wishes to gift his property or money to
someone else. A moveable or

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immovable property can be gifted voluntarily using
gift deed, from the donor to the donee. A gift deed
allows the property owner to gift the property to
anyone and avoids any future dispute arising out of
succession or inheritance claims. A registered gift
deed is also evidence in itself and unlike in the case of
a will, the transfer of property is instant and you will
not be required to go to the court of law for execution
of gift deed and hence, deed of gift also saves time.
Example of a gift Deed
Detail of stamps with number and date GIFT DEED This
deed
of Gift is executed on day of
month year by
Sri./Smt. ,
S/o./ W/o. ,
occupation , and aged
year residence at
. herein after called the
DONOR. In favour of Sri./Smt.
S/o./W/o.
, occupation ,
aged years, residing
at

. Herein referred to as the DONEE. Whereas, the

term Donor and Donee unless repugnant to the
context shall mean and i n c l u d e their
representatives heirs, successors, executors,
administrators, trustees, legal representatives and
assigns. Whereas, the Donor herein, is the sole and
absolute owner of immovable property 3 bearing
No.
known as situated at
described in the schedule
hereunder written and herein after called the schedule
property. Whereas, the Donor is the absolute owner,
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having acquired the property, by and since then
Donor has been in possession and enjoyment of the
schedule property and paying taxes and levies
thereon, as sole and absolute owner thereof. Whereas
the Donee is related to the Donor as
. Whereas the Donor desires to grant the
said

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land and premises described in the schedule written
hereunder and hereinafter referred as scheduled
property to the Donee as gift in consideration of
natural love and affection subject to the condition
herein after mentioned. NOW THIS DEED WITNESSETH
that the Donor, without any monitory consideration
and in consideration natural love and affection which
the Donor bears to the Donee hereby grant and
transfer by way of gift, the scheduled
property situated at
together with all the
things permanently attached thereto or standing
thereon and all the liberties, privileges, easements
and advantages appurtenant thereto and all the
estates, rights, title, interest, use, inheritance,
possession, benefits, claims and demand whatsoever
of the Donor TO HAVE AND TO HOLD the same unto
the use of the Donee absolutely but subject to the
payment of all taxes, rates, assessments, dues and
duties now and here after chargeable thereon to the
Government or local authorities. Whereas the Donor
hereby covenant with the Donee; (a) That the Donor
now has in himself, absolute right, full power, and
absolute authority to grant the said scheduled
property hereby granted as gift in the manner
aforesaid. (b) The Donee may at all times herein after
peacefully and quietly enter upon, take possession of
the scheduled property and enjoy the said scheduled
property as he deems fit without any interruption,
claim or demand whatsoever from or by the Donor or
his heirs, executors, administrators and assigns or any
person or persons lawfully claiming or to claim by
from under or in trust for the Donor. (c) AND FURTHER
that the Donor and all persons having or lawfully
claiming any estate or interest whatsoever to the said
scheduled property and premises or any part thereof
from under or in trust for the Donor or his heirs,
executors, administrators and assigns or any of them
shall and will from time to time and at all times
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hereafter at the request and cost of the Donee do and
execute or cause to be done and executed all such
further and other acts, deeds, things, conveyances
and assurances in law whatsoever for better and more
perfectly assuring the said scheduled property and
every part thereof unto and to the use of the Donee
in the manner

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aforesaid as by the Donee his heirs, executors,
administrators and assigns or counsel in law shall be
reasonably required. SCHEDULE OF THE PROPERTY
(Gifted under this deed) All the piece and parcel of
immovable property 5 bearing
No. Measuring Bounded

by:- On the East On the West : On the South : On the

North : Market value of the property gifted under this
deed is Rs. (Rupees only).
The Stamp duty is paid on the market value as
computed above. IN WITNESS WHEREOF the Donor as
well as the Donee (by way of acceptance of the said
gift) have put their respective hands the day and year
first herein above written.
WITNESSES:
1. DONOR
2. DONEE
Promissory Note
A promissory note is a legal, financial tool declared by
a party, promising another party to pay the debt on a
particular day. It is a written agreement signed by
drawer with a promise to pay the money on a specific
date or whenever demanded.
This note is a short-term credit tool which is not
related to any currency note or banknote.

STANDARD PROMISSORY NOTE

On the day of , 20 ,
hereinafter known as the
"Start Date",
[Borrower’s Name]
of

[Borrower’sMailing Address],
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 hereinafter known as the “Borrower”,
has received and promises to
payback [Lender’s
Name] of

[Lender’s Mailing Address], hereinafter

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known as the “Lender”, the principal
sum of
US Dollars
($ ) with interest accruing on the
unpaid balance at a rate of percent (%) per
annum, hereinafter known as the "Borrowed
Money", beginning as of the Start Date in the
manner as follows: 1. PAYMENTS: The full
balance of this Note, including all accrued
interest and late fees, is due and payable on the
day of , 20 , hereinafter
known as the "Due Date". A. Installment(s).
(check the applicable box) ☐ - LUMP SUM –
Borrower shall pay a lump sum to be made
in-full, principal and interest
included, of Dollars
($ ) by the Due Date. ☐ -
INSTALLMENTS – Borrower shall pay principal and
interest in the amount of
Dollars ($ ) on ☐ a weekly
basis with any remaining balance payable on the
Due Date. ☐ a monthly basis with any remaining
balance payable on the Due Date. ☐ a quarterly
basis with any remaining balance payable on the
Due Date. LATE FEE - There shall be a late
payment fee of Dollars ($ ) if an
installment is not paid on-time along with the
default interest due, as described in Section 3, if
the Lender does not receive the installment on
the due date.
2. SECURITY: (check the applicable box) ☐ -
UNSECURE – There shall be NO SECURITY
provided in this Note. ☐ - SECURE – There shall
be Property described as
hereinaft
er known as the “Security”, which shall transfer
to the possession and ownership of the Lender
IMMEDIATELY pursuant to Section 6A of this
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Note. The Security may not be sold or
transferred without the Lender’s consent until
the Due Date. If Borrower breaches this
provision, Lender may © 2016
[Link] All Rights Reserved.
declare all sums due under this Note

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immediately due and payable, unless prohibited
by applicable law. The Lender shall have the
sole-option to accept the Security as
fullpayment for the Borrowed Money without
further liabilities or obligations. If the market
value of the Security does not exceed the
Borrowed Money, the Borrower shall remain
liable for the balance due while accruing interest
at the maximum rate allowed by law.
3. INTEREST DUE IN THE EVENT OF DEFAULT: In
the event the Borrower fails to pay the note in-
full on the Due Date, unpaid principal shall
accrue interest at the maximum rate allowed by
law, until the Borrower is no longer in default.
4. ALLOCATION OF PAYMENTS: Payments shall
be first credited any late fees due, then to
interest due and any remainder will be credited
to principal.
5. PREPAYMENT: Borrower may pre-pay this
Note without penalty.
6. ACCELERATION: If the Borrower is in default
under this Note or is in default under another
provision of this Note, and such default is not
cured within the minimum allotted time by law
after written notice of such default, then Lender
may, at its option, declare all outstanding sums
owed on this Note to be immediately due and
payable.
6A. SECURITY - This includes any rights of
possession in relation to the Security described
in Section 2.
7. ATTORNEYS’ FEES AND COSTS: Borrower shall
pay all costs incurred by Lender in collecting
sums due under this Note after a default,
including reasonable attorneys’ fees. If Lender or
Borrower sues to enforce this Note or obtain a

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declaration of its rights hereunder, the prevailing
party in any such proceeding shall be entitled to
recover its reasonable attorneys’ fees and costs
incurred in the proceeding (including those
incurred in any bankruptcy proceeding or
appeal) from the non-prevailing party.

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 8. WAIVER OF PRESENTMENTS: Borrower waives
presentment for payment, notice of dishonor,
protest and notice of protest.
9. NON-WAIVER: No failure or delay by Lender in
exercising Lender’s rights under this Note shall
be considered a waiver of such rights.
10. SEVERABILITY: In the event that any
provision herein is determined to be void or
unenforceable for any reason, such
determination shall not affect the validity or
enforceability of any other provision, all of which
shall remain in full force and effect.
11. INTEGRATION: There are no verbal or other
agreements which modify or affect the terms of
this Note. This Note may not be modified or
amended except by written agreement signed
by Borrower and Lender.
[Link] TERMS: The terms of this Note
shall control over any conflicting terms in any
referenced agreement or document.
Power of Attorney Form
A Power of Attorney form is a legal document that
allows an individual (the “Principal”) to designate
another person (the “Agent” or “Attorney-in-Fact”) to
act on their behalf in specified matters or all aspects
of their life. Depending on the type of POA, these
matters can range from financial and legal affairs to
medical decisions.
Importance of Power of Attorney
A power of attorney (POA) is an essential legal tool,
especially when the Principal cannot manage their
affairs due to illness, disability, or absence during
critical legal transactions.
Types of Power of Attorney Forms
There are several types of Power of Attorney, each
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serving different purposes:
General Power of Attorney: This grants the Agent
broad powers to handle a wide range of the
Principal’s affairs. The

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authority under a General POA typically includes
buying or selling property, managing business
transactions, and handling banking matters.
However, this type of POA becomes invalid if the
Principal becomes incapacitated.
Durable Power of Attorney: Similar to a General POA,
it allows the Agent to manage the Principal’s affairs,
but it remains in effect even if the Principal becomes
incapacitated. This feature makes it particularly
important for long-term planning.
Special or Limited Power of Attorney: This grants the
Agent authority to conduct specific acts or make
decisions in specific situations, such as selling a
property, managing certain financial transactions, or
handling legal claims. It does not grant broad
authority across all areas of the Principal’s life.
Medical Power of Attorney: A Healthcare Proxy
authorizes the Agent to make medical decisions on
the Principal’s behalf if they cannot do so
themselves. A living often accompanies it will that
outlines the Principal’s wishes regarding life-
sustaining treatment.
Springing Power of Attorney: This POA “springs” into
effect under specific conditions, typically when the
Principal becomes incapacitated. It allows the
Principal to retain control over their affairs until a
certain event triggers the transfer of authority to the
Agent.
Stamp Duty for Power of Attorney
If a General Power of Attorney is conferred to father,
mother, brother, sister, wife, husband, son, daughter,
grandson, granddaughter or any near relative,
without any consideration, then Stamp Duty of Rs.
500/- is only applicable for registration. In case
General Power of Attorney is conferred to someone
other than a close relative and/or for consideration.

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Stamp duty is payable as per the property’s market
value or the consideration, whichever is higher.
In addition to the stamp duty, a registration fee of
Rs.100 is applicable if the Power of Attorney is
conferred without consideration in the name of the
father, mother, brother, sister, wife, husband, son,
daughter, grandson granddaughter or a

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near relative. In any other case, a registration fee is
payable at Rs.10/- per Rs. 1000/- with a minimum of
Rs. 100/- and a maximum fee of Rs. 30,000/- on the
market value of property or consideration, whichever
is higher.
Stamp Duty payable for Special Power of Attorney is
Rs. 100/-
.
Note: The stamp duty on a power of attorney will
vary depending on the State and the powers
conferred in the Power of Attorney. Hence, it’s best to
consult a Lawyer while executing a Power of
Attorney.
Authentication Process for Power of Attorney
Documents
Power of Attorney can be authenticated before a
Registrar or Sub-Registrar within whose district or
sub-district the principal resides, and in case a Power
of Attorney is executed outside of India, it can be
authenticated by a Notary Public or any Court, Judge,
Magistrate, Indian Counsel or via Counsel or a
representative of the Central Government.
General Power of Attorney vs Special Power of Attorney
This versatile document can be tailored to meet
various needs. It offers two primary types: the
“General” Power of Attorney, which grants broad
authority across a wide range of matters, and the
“Special” or “Limited” Power of Attorney, designed
for specific tasks or decisions.
When managing legal and financial affairs, it’s crucial
to understand the differences between a General
Power of Attorney (POA) and a Special (or Limited)
Power of Attorney. Each serves unique purposes and
grants varying levels of authority to the appointed
agent.
General Power of Attorney
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A General Power of Attorney provides broad powers to
the agent or attorney-in-fact to manage a wide array
of the principal’s affairs. This type of POA is
comprehensive and allows the agent to make
decisions and perform actions as if they were the
principals themselves. The authority typically includes
handling financial transactions, buying or selling real

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estate, managing business dealings, and dealing with
legal claims and litigation.
 Key aspects of a General Power of Attorney include:
 Broad Authority: The agent can perform almost
any act the principal could, from managing
finances to handling business transactions.
 Convenience: Ideal for individuals who need
someone to manage all their affairs due to
absence or incapacity.
 Termination: Generally ceases if the principal
becomes incapacitated unless it’s specified as
“durable.”
 Special Power of Attorney
 In contrast, a Special (or Limited) Power of
Attorney grants the agent authority to act on the
principal’s behalf in specific matters or events.
This type of POA is used for particular tasks, such
as selling a property, managing a specific legal
action, or handling financial transactions in a
certain account. The document clearly outlines the
agent’s powers, limiting their authority to those
actions.
 Key aspects of a Special Power of Attorney include:
 Limited Scope: The agent’s powers are narrowly
defined and restricted to specific tasks.
 Precision: This POA is useful for principals who
need an agent to handle specific duties without
granting broad access to all affairs.
 Flexibility: Can be tailored to suit the principal’s
precise needs for a particular transaction or
period.
 Key Differences
 Scope of Authority: General POA offers wide-
ranging powers, while Special POA is limited to
specific tasks.
 Purpose: A General POA is suitable for the
comprehensive management of one’s affairs,
whereas a Special POA is ideal for particular
transactions or events.
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 Duration and Revocation: Both types can be
revoked by the principal at any time, but the
General POA often ceases if the principal becomes
incapacitated, unlike the Special POA, which is
typically task or time-bound.

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GENERAL POWER OF ATTORNEY KNOW ALL MEN BY
THESE PRESENTS THAT, I/We
S/o Address
do hereby constitute, appoint,
nominate and authorize S/o

Address
as my/our true and lawful
General Attorney. WHEREAS the Executing is
absolute owner and in possession of property No
.measuring [Link] [Link] in ,(presently
known as allotment letter/sale deed Vasika No dated
(hereinafter called the “Property”). Whreas I/We
am/are being unable to lookafter the said property
personally, so I
/We hereby authorise my/our said attorney to do the
following acts, deeds, and things regarding the said
property in my/our name and on my/our behalf: 1.
To manage and control the said property in all
respects and to represent me/us before each and
every concerned authority on my/our behalf. 2. To
make any correspondence with any other concerned
authority for the transfer/sale of the above property
in the name of any other person(s) and to get the
physical possession of the property from 3. To
deposit the dues and demands of any other
department and to make good any demands, levies
or liabilities in respect of the said property on my/our
behalf. 4. To enter into an agreement for sale with
intending purchaser (s), to receive the
advance/earnest money and to issue the receipt(s)
for the same his/her own signatures. 5. To get the
sale deed executed and get it registered before the
consideration in full and final in
Cash/Cheque/Demand Draft/Pay Order in his/her own
name or in my/our name. ----2---- Contd……....2…. 6.
To apply for ITCC and to get the same from the
concerned authority under his/her own signature, if
necessary. 7. And Generally to do all other acts,
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deeds and things which are not specifically
mentioned herein should be considered as acts done
by me/us if I /We was/were present. And I/we do
hereby agree to confirm and ratify that all the acts,
deeds and things done by my/our said attorney shall
be construed as acts, deeds and things done by
me/us personally if I/we was/were present. IN

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 WITNESS WHEREOF, THIS GENERAL POWER OF
ATTORNEY HAS BEEN SIGNED BY ME/US AT ON DAY
OF MONTH OF YEAR IN THE PRESENCE OF THE
FOLLOWING WITNESSES WHO HAVE ALSO SIGNED
BELOW :
Signature of Executant /
Executants WITNESSES:
1
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: THAT
I, (PRINCIPAL’S COMPLETE NAME), of legal age,
Filipino,
and a resident (Complete
of address) , Philippines, do
hereby NAME, CONSTITUTE and APPOINT (ATTORNEY-IN-
FACT’S OR AGENT’S NAME), also of legal age, Filipino,
and
a resident of (Complete
address) , Philippines, to be my
true and lawful Attorney-in-fact, for me and in my
name, place and stead, to do and perform all or any of
the following acts and deeds, to wit:
1.(Specific acts to be undertaken by the Attorney-in-fact or
agent, the more specific the task is like to transfer a
property involving an Estate, the better. You can describe
the things involved or the process to be done);
[Link] represent me with any person, agency and/or
office with regards to (refer to no. 1), or any acts in
furtherance thereof;
[Link] make, sign, execute, deliver or receive any
documents, and give payments in relation to (the
acts needed to be done);
[Link] delegate in whole or in part any or all of the
powers herein granted or conferred, by means of
an instrument in writing, in favor of any third
person or persons whom my said attorney-in-fact
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may select; (add this only if you want

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 to give power to your agent to re-delegate the task to
others.)
[Link], to do all other acts necessary to pursue the
foregoing authority. (The catch all phrase you add if
you feel there is something you can miss out)
HEREBY GIVING AND GRANTING, unto said Attorney-
in-fact full power and authority necessary or proper to
be done in and about the premises, as fully to all
intents and purposes as I might or lawfully could do, if
personally present, hereby, ratifying and confirming
all my said attorney-in-fact shall lawfully do or cause
to be done under and by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto affix my
signature this (Date), at (City/Municipality/Province),
Philippines.
(Signed)
JUAN DELA CRUZ)

(Signed)
JUANA DELA CRUZ)
Principal Attorney in-fact
(Insert Gov’t issued ID No. Here)(Insert Gov’t issued ID No.
Here)
Signed in the presence of:
(complete name of witness and signature) (complete
name of witness and
signature)
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
CITY/PROVINCE OF ) S.S.
x---------------------------------------------------------x

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 BEFORE ME, A Notary Public for the City and
Province of
, this day of , 202_, the
principal
herein, whose name and personal circumstances are
stated above, personally appeared before me,
identified by exhibiting and presented to me a
competent evidence of identity written below his/her
name, presented the foregoing document, signed the
same in my presence and affirmed under oath to
the contents or allegations of the same and
acknowledged to me that the same is her own free
and voluntary act or deed.
WITNESS MY HAND AND SEAL on the date and at the
place above written.
Doc. No.
Page
No.
NOTARY PUBLIC
Book No.
What is a Last Will and Testament?
A Last Will and Testament is a legal document that
allows a person ("Testator") to clearly and precisely
specify how the assets including belongings and
property to be distributed after the death of the
Testator. This allows the Testator to control who
inherits or will get the assets and belongings of the
Testator after his/her death. The Last Will and
Testament also help in avoiding disputes among the
beneficiaries or inheritors of the Testator.
Last Will and Testament are commonly used when the
Testator has assets to distribute regardless of the age
and wealth of the Testator. It is specifically important
in various situations including:
 The beneficiaries include minors (children below
the age of 18 years) and are required to appoint a
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 guardian to take care of them.
 The testator has a specific interest in distributing
his/her assets and belongings after the death. This
includes giving assets to a particular person or
organization.

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  If there exists a potential conflict between the
beneficiaries, having a Last Will and Testament
will help in reducing the conflicts between them
concerning the distribution of the assets.

DRAFT OF WILL

I, , son of Shri , aged

years, resident of ,
do hereby revoke all my former Wills, Codicils and
Testamentary dispositions made by me. I declare this
to be my last Will and Testament.

I maintain good health, and possess a sound mind. This

Will is made by me of my own independent decision
and free volition. Have not be influenced, cajoled or
coerced in any manner whatsoever.

I hereby appoint my , as the sole

Executor of this
WILL.

The name of my wife is . We have

two
children namely, (1) (2)
, I own following immovable and
movable assets.

1. One Flat No. in .

2. Jewellery, ornaments, cash, National Saving

Certificate, Public Provident Fund, shares in various
companies, cash in hand and also
with certain banks.

All the assets owned by me are self-acquired

properties. No one else has any right, title, interest,
claim or demand whatsoever on these assets or
properties. I have full right, absolute power and
complete authority on these assets, or in any other
property which may be substituted in their place or
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places which may be Acquired or received
by me hereafter.

I hereby give, devise and bequeath all my properties,

whether movable or immovable, whatsoever and
wheresoever to my

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wife, , absolutely forever.

IN WITNESS WHEREOF I have hereunto set my hands on

this
day of , 20 at .

TESTATRIX

SIGNED by the above named Testatrix as his last WILL

and Testament in our presence, who appear to have
perfectly understood & approved the contents in the
presence of both of us presents, at the same time who
in his presence and in the presence of each other have
hereunto subscribed our names as Witnesses.

WITNESSES :

1.

2.

What is a Partnership Deed?

A Partnership Agreement is an agreement between
two or more individuals who would like to manage and
operate a business together in a form of a partnership
in order to make a profit. It is a common business
structure in India and can be contrasted to other
common business structures such as a sole proprietor,
an LLP, a company, or a trust.
In a partnership, several partners are able to work
together (unlike a sole proprietor). Each partner
shares a portion of the partnership's profits and
losses, and each partner is personally liable for the
debts and obligations of the partnership.
Compared to a company or a trust, a partnership
can have lower setup and administration costs.
However, while companies and trusts offer some
protections against liability, a partnership does not.
A partnership is not a separate entity from the
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partners. If the partnership incurs a liability, the
partners are personally responsible for it.
Furthermore, a

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partner can become liable for debts that another
partner has incurred on behalf of the partnership.
DRAFT OF PARTNERSHIP AGREEMENT
This Deed of Partnership is made at.................... on
this
.................... day of ............... by and between: Shri
............................... aged about .............. years, son
of Shri
.................................. resident of
………………………………………… (Hereinafter to be
called the First Party); Shri ............................... aged
about ...............
years, son of Shri ..................................
resident of
………………………………………(Hereinafter to be called
the Second Party); Shri ............................. aged about
................
years, son of Shri...........................resident of
(Hereinafter
to be called the Third Party); Shri .......................... aged
about
................. years, son of Shri ..................................
resident of (Hereinafter to be called the
Fourth Party);

WHEREAS, the parties to this deed have been carrying

on the business of ....................................... under the
name and style of M/s. ......................... with its
principal place of business at
............. on the terms and conditions incorporated in
the Partnership Deed executed on
.........................................

AND WHEREAS, vital amendments have been made by

the Finance Act, 1992 in the procedure for assessment
of firm. Consequent to the said amendment, the
parties to this deed had a meeting and have orally
and mutually agreed to amend and alter some of the
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terms and conditions contained in the aforesaid
partnership deed with effect from .

AND FURTHER WHEREAS the parties to this deed have

been carrying on the above said business in
partnership on the terms and conditions orally and
mutually agreed amongst themselves as

aforesaid;

AND NOW WHEREAS, the parties to this deed desire

that the terms and conditions on which they have
been carrying on the above said business in
partnership since
................................................................................
and

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propose to continue in future be reduced to writing to
avoid future difficulties or
misunderstanding.

NOW, THEREFORE THIS DEED WITNESSETH as under,

incorporating the aforesaid amendment/ alteration in
the terms and conditions of the
partnership:

1. That the partnership business has

been and shall continue to be carried on under
the name and style of M/s.
....................................

2. That the partnership business has been and shall

continue to be that of ................ with its principal
place of business at .............. The parties by mutual
consent may carry on business at such other place or
places, in such other name or names and of such
other nature or natures, as they may deem fit and
proper from time to time.

3. That the amount lying to the credit of the partners

as on
shall be deemed as their capital investment.
Further capital, loans or deposits looking to the
needs/requirements of the partnership firm shall be
arranged, invested or contributed by the
partners.

4. That interest at the rate of per annum or as may

be prescribed under section 40(b)(iv) of the Income-
tax Act, 1961 or any other applicable provisions as
may be in force in the income-tax assessment of the
partnership firm for the relevant accounting period or
at a lower rate as may be agreed to by and between
the parties from time to time shall be paid to the
partners or credited to the partners on the amount
standing to the credit of the account of the
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[Link] interest shall be considered as an
expenditure of the firm and shall be debited to the
Profit & Loss Account of the firm before arriving at the
divisible profit or loss. The interest to persons other
than partners shall be paid or credited to their
accounts at the rate or rates as may be agreed to by
and between the partners and such persons
from time to time.

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5. That Shri ................................ Shri .....................
and Shri
............................ the parties of the .......................
parts have agreed to keep themselves actively
engaged in conducting the affairs of the business of
the partnership firm. The said partners shall be
working partners. It is hereby agreed to that in
consideration of the said parties keeping themselves
actively engaged in the business of the partnership
firm and working as working partners, shall be entitled
to remuneration. The remuneration payable to the
said working partners shall be computed in the
manner laid down or deduction under section 40(b)(v),
read with Explanation 3 of the Income-tax Act, 1961 or
any other applicable provision as may be in force in
the income-tax assessment of the partnership firm for
the relevant accounting year. Such amount of
remuneration shall be distributed between the said
working partners in the following proportion:
A. Shri ............................ ...... per cen of suc amoun
.... . t h t
B. Shri ............................ ...... per cen of suc amoun
.... . t h t
C. Shri ............................ ...... per cen of suc amoun
.... . t h t

The partners shall be entitled to increase or reduce

the above remuneration and may agree to pay
remuneration to other working partner or partners as
the case may be. The partners may also agree to
revise the mode of calculating the above said
remuneration as may be agreed to by and between
the partners fromtime to
time.

6. That the parties hereto shall be true and faithful to

each other and shall not do or cause to be done
anything which may be detrimental to the
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interest of the firm.

7. That the parties shall keep or cause to be kept

proper books of account and documents and shall
make entries therein of all receipts, payments and
other matters as is usually done and entered in the
books of account kept by persons engaged in business
similar to that of the firm. Each partner shall have a
right to have access to and to inspect and take
copy of the

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same.

8. That the partnership has been and shall be a

partnership at will.

9. That the net profit of the partnership firm after

deduction of all expenses including rent, salaries,
other establishment expenses, interest and
remuneration payable to the partners in accordance
with this deed of partnership or any supplementary
deed as may be executed by the partners from time,
to time, shall be divided and distributed amongst the
partners in the following-proportion:

Sr.
No. Name of Party Share in profits
1
2
3
4

The losses, if any, including loss of capital suffered in

any year shall also be apportioned in the above said
proportion.

10. That the bank account or accounts have been

and shall be maintained in the name of the firm and
shall be operated singly or jointly by the partners.

11. That the books of account shall be closed on 31st

day of March each year. The net profit or loss after
deducting all expenses, interest, remuneration,
outgoings shall be divided between the parties in
proportion to the sharing ratio referred to
hereinabove.

12. That notwithstanding anything contained in the

Indian Partnership Act it is hereby mutually agreed to
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by and between the parties that in case of death of
any one or more partners, the firm shall not be
dissolved but shall continue to be carried on by and
between the surviving partners and legal

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heirs and/or representatives of the deceased partner,
as a continuing concern, on the same terms and
conditions as incorporated in this Deed or on such
terms and conditions as may be agreed to by and
between them from time to time. It is hereby further
clarified that it shall be deemed as change in
constitution and not succession.

13. That with respect to any matter connected with

the affairs of the firm, which is not specifically
provided for herein, the partners may make such
agreements therefor and may set in such manner
with regard thereto as may be agreed upon by and
between themselves.

14. That if the partners deem proper and in their

interest, they may admit any other person or persons
as partners on the terms and conditions as may be
mutually agreed amongst themselves.

15. That the partners to this deed are partners

in their individual capacity/representing HUF
styled as M/s.
..................................... The parties do not represent
any other person.
16. All bonds, bills, notes, bills of exchange, hundies
or promissory notes or other securities given on
behalf of the partnership (except cheques) shall be
signed, endorsed, accepted or executed jointly by all
the partners and any bond, bill, note, bill of
exchange, etc. to which any partner may be a party
contrary to this provision shall be deemed to have
been on the personal account of such partner and he
shall pay and discharge the same out of his own
moneys and indemnify other partners and the firm
against payment thereof and against all actions,
proceedings, costs, charges, expenses, claims and
demands in respect thereof.

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17. That the parties of ...................... part are not
working partners but are only financing, dormant
and sleeping partners. The parties of
....................... part need not be in charge of,
responsible to the firm for the conduct of the

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business of the firm and need not take interest in
day-to-day working and business of the partnership
firm.

[Link] the parties of the ............................ part

shall not be liable to any criminal action for the
business or working of the partnership firm or for the
acts of the other partners or its employees or its
representatives for and on behalf of or on account of
the partnership firm or for the purposes of the
partnership firm. The said partners shall not be liable
for any liability, civil or criminal, against the
partnership firm or other partners.

[Link] the said partners shall not become and shall

not be liable for any criminal action for any default or
offence committed by other partners or employees or
authorised representatives of the firm under the
Income-tax Act, Customs Act, Foreign Exchange
Regulation Act, Sales tax Laws or other Central or
State Acts, laws, Rules or Regulations.

[Link] the partners shall be entitled to modify the

above terms relating to remuneration, interest, etc.
payable to partners by executing a supplementary
deed and such deed when executed shall have effect
unless otherwise provided from the first day of
accounting period in which such supplementary deed
is executed and the same shall form part of this deed
of partnership.

[Link] all disputes and questions in ......................

connection with the partnership or this deed arising
between the partners or between any one of them or
their legal representatives and whether during or
after the partnership, shall be referred to the
arbitrator in accordance with the provisions of the
Arbitration and Conciliation Act, 1996 then in force.

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IN WITNESS WHEREOF the parties to this deed have
set their hands on the day and year first above
written and in the presence of:

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First Party Second

Party Third Party

Fourth Party

WITNESSES;

1.

2.
What is a Legal Notice
A legal notice is a formal, written communication that
informs the recipient of a legal matter or issue. It is
typically sent by an individual, company, or legal
representative to another party, outlining specific
claims, demands, or intentions. Legal notices are
often the first step in resolving disputes or enforcing
legal rights before escalating matters to a court of
law.
Legal Notice
Ref. No…………….
Dated , REGD.A.D.

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 LEGAL NOTICE

To,

Dear Sir,

Pursuant to the instructions from and on behalf of my

client
, through its , I do
hereby serve you with the following Legal
Notice: -

1- That my client is a firm/individual under

the name and style of M/s .

2- That my client is engaged in the business of

of the etc.

3- That against your valid and confirmed order my

client did your job work from time to time on credit
basis as you have running credit account in the
account books of my client operated in due
course of business.

4- That my client-raised bills of each and every work

performed for payment, although you have
acknowledged the receipt of such bills
raised by my client.

5- That inspite of acknowledging the liability of

payment of principal balance of Rs.
/- you have been miserably failed to make payment
of the said amount due to my client from you
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deliberately with malafide intent, hence you are liable
to pay the said principal balance amount of Rs.
/- alongwith interest @ % p.a. from the date of due
till actual realization of the said sum as is generally
and customarily

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prevailing in the trade usages, which comes to Rs.
/-

6- That thus you are liable to pay the total amount

of Rs.
/- to my above named client and my above
named client is entitled to recover the
same from you.

7- That my client requested you several times

through telephonic message and by sending personal
messenger to your office for release of the said
outstanding payment, but you have always been dilly
delaying the same on one pretext or the other and so
far have not paid even a single paisa out of the said
outstanding undisputed
amount.

I, therefore, through this Notice finally call upon you to

pay to my client Rs. /-. along with future interest @
%
p.a. from the date of notice till actual realization of the
said amount, together with notice fee of Rs. /- to
my client either in cash or by demand draft or Cheque
which ever mode suits you better, within clear 30 days
from the date of receipt of this notice, failing which
my client has given me clear instructions to file civil
as well as criminal lawsuit for recovery and other
Miscellaneous proceedings against you in the
competent court of law and in that event you shall be
fully responsible for the
same.

A copy of this Notice has been preserved in my office

for record and future course of
action.

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) ADVOCATE

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