LL.B. V Term | LB-502 | Faculty of Law, University of Delhi | 2025
Drafting, Pleadings and Conveyance
Court Pleadings · Conveyancing Deeds · Practical Legal Drafting
LB-502 is a practical paper focused on the art and skill of legal drafting. These notes cover the complete syllabus: drafting rules and skills, civil and criminal pleadings, constitutional petitions, matrimonial pleadings, succession petitions, consumer complaints, domestic violence petitions, and all conveyancing deeds — with annotated specimen drafts, essential rules, and exam-focused questions.
Table of Contents
- Substantive Law vs Procedural Law
- Pleadings — Meaning, Kinds, Object, and Fundamental Rules
- Part A: Civil Pleadings
- Suit for Recovery (Order XXXVII CPC)
- Affidavit
- Suit for Permanent Injunction
- Application for Temporary Injunction (Order XXXIX)
- Order XXXIX Rule 2A Application
- Suit as Indigent Person (Order XXXIII)
- Suit for Ejectment and Damages
- Suit for Specific Performance
- Written Statement (Model Draft)
- Caveat (S. 148A CPC)
- Transfer Petition (S. 25 CPC)
- Execution of Decree
- Matrimonial Pleadings
- Pleadings under Indian Succession Act, 1925
- Constitutional Petitions
- Criminal Pleadings
- Other Miscellaneous Pleadings
- Part B: Conveyancing — Theory
- Part B: Conveyancing Deeds — Specimen Drafts
- Important Questions
- Quick Revision Cheatsheet
1. Substantive Law vs Procedural Law
Core Distinction
| Feature | Substantive Law | Procedural Law |
|---|---|---|
| Definition | Defines rights, liabilities, and duties of persons | Lays down guidelines for enforcing those rights — the machinery |
| Function | Creates and regulates legal rights | “Lubricates” substantive law; puts life into it by providing remedy |
| Examples | IPC/BNS, IEA/BSA, TPA, Contract Act, Sale of Goods Act, Rent Control Acts, Customs Act | CrPC/BNSS, CPC 1908, Indian Evidence Act 1872 |
| Relationship | Complementary to and independent of procedural law | Complementary to and independent of substantive law |
Certain laws are hybrid — e.g., the Registration Act 1908: non-registration of a compulsorily registrable document deprives the party of their substantive right (procedural failure destroys substantive right).
2. Pleadings — Meaning, Kinds, Object, and Fundamental Rules
2.1 Meaning of Pleadings
Definition and Types under CPC
Order 6, Rule 1 CPC: “Pleading means plaint or written statement.”
- Plaint: Statement of claims filed by the plaintiff setting out cause of action with all necessary particulars
- Written Statement: Statement of defences filed by the defendant dealing with every material fact in the plaint and adding any new facts in their favour
- Subsequent Pleadings: Written statement by plaintiff in reply to a set-off raised by defendant (as of right)
- Additional Pleadings: Filed with leave of court under O. 6, R. 5 / O. 8, R. 8 — further and better particulars
2.2 History of Pleadings
Pleadings were originally oral — parties appeared in court and oral argument took place before the judge. Written pleadings developed through the mediaeval period in England. Judicature Act 1873 introduced major reforms. Modern Indian law of pleading is based on the English system. Order 6, 7, and 8 CPC govern civil pleading. Appendix A to CPC contains model forms.
2.3 Object and Function of Pleadings
- Give fair notice to each party of the opponent’s case
- Ascertain with precision the points on which parties agree and disagree — bring them to a definite issue
- Eliminate irrelevancy — parties know what facts they must prove at trial; avoid unnecessary expense
- Prevent surprise at trial — parties cannot be taken off guard
- Place on record precise questions raised so parties cannot litigate the same issue again
- Enable the court to determine the appropriate mode of trial (jury, judge alone, etc.)
Stable J. in Pinson v. Lloyds Bank Ltd. (1941): “The function of a pleading is not simply for the benefit of the parties and perhaps primarily for the assistance of a Court by defining with precision the area beyond which without the leave of the court, and consequential amendment of pleading, conflict must not be allowed to extend.”
2.4 The Four Fundamental Rules of Pleadings
O. 6 CPC — Four Fundamental Rules
- State facts, not law: Pleadings are confined to facts. The court draws legal inferences. Law need not be pleaded — courts take judicial notice. Exceptions: foreign law (must be pleaded as fact); mixed questions of law and fact; conditions precedent; customs and usages of trade.
- State material facts only: Facts essential to plaintiff’s cause of action or defendant’s defence. Material fact = what a party must prove at trial unless admitted. Immaterial facts (matters of inducement — introductory facts) should be minimised.
- State facts, not evidence: Facta Probanda (facts to be proved) go in pleadings. Facta Probantia (evidence to prove them) does NOT go in pleadings. E.g., in a suit for malicious prosecution: state defendant was actuated by malice — do NOT state that the plaintiff had previously given evidence against defendant.
- Concise, precise, and certain: Material facts stated succinctly, in strict chronological order. No unnecessary details. Plain, direct, active voice. Same person/thing called by same name throughout. Paragraphs numbered consecutively. Dates and sums expressed in figures.
Rules for Good Drafting of Pleadings
- Names and places described accurately and spelled correctly throughout
- Avoid pronouns (“he,” “she,” “this”) — use “the plaintiff,” “the defendant” throughout
- Use the language of the document or act itself — not invented paraphrase
- Avoid ifs and buts; avoid complex sentences; no repetition of facts
- Every pleading must be signed by the party and advocate (O. 6, R. 14)
- Every pleading must be verified by the party or person acquainted with facts (O. 6, R. 15). Specify in verification: what is true from personal knowledge vs. what is from information and belief.
- False verification is an offence under IPC
Alternative Pleas
The law permits relying on several distinct rights in the alternative. A plaintiff may claim ownership as an adopted son AND in the alternative under a will. A defendant may claim the debt was never incurred AND in the alternative that the claim is time-barred. Each alternative plea must be stated separately.
3. Part A: Civil Pleadings — Specimen Drafts and Annotations
3.1 Suit for Recovery — Order XXXVII CPC (Summary Suit)
Order XXXVII CPC — Summary Suits
Summary suits are filed for recovery of debts/liquidated demands based on: negotiable instruments (bills of exchange, hundis, promissory notes), documents upon which a defendant has written his admission of signature, or any suit for recovery of a debt if the plaintiff can satisfy the court the defendant has no defence. The defendant has only 10 days to apply for leave to defend; if no application or application refused, plaintiff gets a decree.
SUIT FOR RECOVERY UNDER ORDER XXXVII CPC — SPECIMEN PLAINT
IN THE COURT OF DISTRICT JUDGE (DISTRICT ____), ____COURT, DELHI
SUIT NO. ___ OF 20__
(SUIT UNDER ORDER XXXVII, CODE OF CIVIL PROCEDURE, 1908)
IN THE MATTER OF:
M/s ABC Pvt. Ltd. … PLAINTIFF
(through its Director Shri _______)
VERSUS
Mr. B, S/o ___, R/o ___ … DEFENDANT
SUIT FOR RECOVERY OF RS. ___/- UNDER ORDER XXXVII CPC
MOST RESPECTFULLY SHOWETH:
1. That the Plaintiff is a Company constituted under the Companies Act having its
registered office at _______. Mr. P, Director, is duly authorised to institute this suit.
2. That the Plaintiff carries on the business of ________.
3. That the Defendant is residing at _______.
4. That the Defendant approached the Plaintiff for _______ in the year _____.
5. That the Plaintiff and Defendant entered into an agreement for _______.
6. That the Plaintiff performed its part of the agreement [details].
7. That the Plaintiff raised a final bill for Rs. _____ on _______ (date).
8. That the Defendant handed over cheque no. ______ dated _____ for Rs. ___/-.
9. That the cheque was dishonoured upon presentation vide bank memo dated _____.
10. That the Plaintiff called upon the Defendant to pay; Defendant failed to pay.
11. That the Plaintiff issued legal notice dated _____ calling upon payment of Rs. _____.
12. That as of date of filing, the Defendant owes Rs. _____ + interest @ ___% p.a.
13. That cause of action first arose on ___; it arose again on ___; it subsists.
14. That this suit is within the period of limitation.
15. That this Hon’ble Court has jurisdiction [territorial + pecuniary reasons stated].
16. That the value of the suit for court fee and jurisdiction is Rs. _____ on which
court fee of Rs. _____ is paid.
17. That this suit is filed under Order XXXVII and no relief is claimed outside it.
PRAYER: It is prayed that this Hon’ble Court be pleased to:
(a) Pass decree for Rs. ___/- in favour of Plaintiff and against Defendant;
(b) Award interest @ ___% p.a. from ___(date) till realisation;
(c) Award costs of the suit; and
(d) Pass such other/further orders as deemed fit and proper.
Place:____ Plaintiff (through Advocate)
Date:_____
VERIFICATION: Verified at Delhi on ___day of ___, 20__ that contents of paras 1 to __
are true to my knowledge from records of Plaintiff maintained in ordinary course of business;
paras __ to __ are true on information received and believed to be true; last para is the prayer.
Plaintiff
[NOTE: Plaint must be supported by an Affidavit]
Key Points: Suit for Recovery
- Order XXXVII suits must be filed for debts/liquidated demands only — not for unliquidated damages
- Cause of action: every time payment was due and unpaid + date of dishonour of cheque
- Jurisdiction: two parts — territorial (where cause of action arose, where defendant resides/carries on business) + pecuniary (based on suit value)
- Verification: mention specific paragraph numbers — what is from personal knowledge vs. information and belief
- Mandatory affidavit must accompany the plaint in summary suit
3.2 Suit for Permanent Injunction
Suit for Permanent Injunction — Key Requirements
A permanent injunction is a final decree restraining a party from doing (or requiring them to do) something. Key elements to plead:
- Plaintiff’s title/right over the subject matter (ownership, tenancy, possession)
- Apprehension of interference: specific acts of the defendant threatening plaintiff’s rights
- Inadequacy of damages as remedy — why injunction is necessary
- Cause of action with specific dates
- Territorial jurisdiction — premises within court’s jurisdiction
3.3 Application for Temporary Injunction — Order XXXIX, Rules 1 and 2
Three Essential Elements for Temporary Injunction (O. XXXIX CPC)
- Prima facie case: Plaintiff has a plausible claim that deserves to be tried
- Balance of convenience: Inconvenience to plaintiff from refusal of injunction exceeds inconvenience to defendant from grant
- Irreparable injury: Damage plaintiff would suffer if injunction not granted cannot be adequately compensated in money
The prayer is for ad-interim ex-parte injunction (immediate, without notice to the opposite party) plus regular injunction after hearing both sides.
3.4 Order XXXIX Rule 2-A Application (Contempt of Injunction)
Where a party has violated an injunction order, the aggrieved party files an application under O. XXXIX, R. 2A read with S. 151 CPC for contempt and enforcement of the injunction. The application must state: (i) the original injunction order; (ii) specific acts of violation; (iii) prayer for attachment of property, civil imprisonment of the contemnor, and renewed injunction.
3.5 Suit as Indigent Person — Order XXXIII CPC
Suing as Indigent Person — Key Points
- A person who has no means to pay court fees can apply to sue as an indigent person (in forma pauperis)
- The application must be supported by an affidavit of the person’s assets and income
- Court examines the application; inquiry is made; the opposite side is given a chance to oppose
- If granted, court fee is dispensed with; if the plaintiff succeeds, court fees may be recovered from the awarded decree
- Application filed under O. XXXIII r/w S. 151 CPC before the competent court
3.6 Written Statement — O. VIII CPC
Key Rules for Written Statement
- Defendant must file written statement within 30 days of service of summons; court may extend up to 90 days maximum (O. VIII R. 1)
- Every allegation in the plaint not specifically denied is taken as admitted (O. VIII R. 5)
- Defendant must deal with each fact in the plaint — admit, deny, or state they are not in a position to admit or deny
- Defendant can raise counter-claim (equivalent to a suit by the defendant) in the same written statement
- Defendant can raise a set-off (O. VIII, R. 6) — a claim for money against the plaintiff which can be set off against the plaintiff’s claim
- New facts in favour of defendant must also be pleaded in the written statement
4. Matrimonial Pleadings
Key Matrimonial Petitions under Hindu Marriage Act, 1955
| Petition | Section (HMA) | Key Elements to Plead |
|---|---|---|
| Restitution of Conjugal Rights | S. 9 | Marriage, withdrawal from society without reasonable cause, prayer for restitution |
| Judicial Separation | S. 10 | Marriage, ground (cruelty/adultery/desertion etc.), prayer for separation (not dissolution) |
| Divorce | S. 13 | Marriage, ground for divorce, corroboration where required, prayer for decree of divorce |
| Divorce by Mutual Consent | S. 13B | First motion (S. 13B(1)); living separately for 1+ year; second motion after 6 months (S. 13B(2)) |
Essential Facts to Plead in Matrimonial Petition
- Date and place of marriage; manner (Hindu rites and customs)
- Parties’ names, ages, addresses
- Details of children (if any)
- Specific events constituting the ground for relief (dates, incidents)
- Previous proceedings (if any) — e.g., maintenance applications
- Whether the parties have resumed cohabitation since the last ground occurred
- Jurisdiction: where parties last resided together; where cause of action arose
- Prayer: specific relief sought (restitution/separation/divorce)
Grounds for Divorce under HMA S. 13
Adultery; cruelty; desertion (minimum 2 years); conversion; mental disorder (incurably insane); leprosy (venereal disease in communicable form); renunciation of world (sannyasa); not heard of for 7 years. Since 2013: wife can additionally petition on grounds: husband’s bigamy (after earlier marriage); husband’s rape/sodomy/bestiality; non-resumption of cohabitation for 1 year after maintenance order.
5. Pleadings under Indian Succession Act, 1925
| Petition | Where Filed | Key Elements |
|---|---|---|
| Probate (S. 57–58 ISA) | High Court (or District Court where property situated) | Death of testator, execution of will, petitioner is executor, schedule of property, affidavit verifying will, two attesting witnesses |
| Letters of Administration (S. 218–252 ISA) | District Court (or HC) | Death of deceased (intestate or without appointing executor), petitioner’s relationship, schedule of property, reasons why petitioner entitled |
| Succession Certificate (S. 370–390 ISA) | District Court of the district where deceased ordinarily resided | Death certificate, nature of debts/securities, petitioner’s entitlement, advertisement notice issued, certificate grants authority to collect/negotiate debts |
6. Constitutional Petitions
6.1 Writ Petitions — Five Writs
Five Constitutional Writs — Summary
| Writ | Meaning | Purpose / When Issued |
|---|---|---|
| Habeas Corpus | “You may have the body” | Against unlawful/illegal detention. Detention must be brought before court; if illegal, person released immediately. |
| Mandamus | “We command” | Commands a public authority to perform a public/legal duty it has failed/refused to perform. Not against private persons, President/Governor in exercise of discretion. |
| Certiorari | “To be certified” | To quash the order of an inferior court/tribunal exercising judicial/quasi-judicial functions, where there is lack of jurisdiction, excess of jurisdiction, or error of law apparent on the face of the record. |
| Prohibition | “We forbid” | Forbids an inferior court from exercising jurisdiction it doesn’t have; differs from certiorari in that it is preventive (issued before final order) whereas certiorari is corrective (after order). |
| Quo Warranto | “By what authority” | Questions the right of a person to hold a public office; issued to oust an illegal usurper of a public office. Any member of public in good faith can file (no personal interest needed). |
6.2 Writ Petition under Article 226 (High Court)
Structure of a Writ Petition under Art. 226
- Title: In the High Court of [State] at [City] — Writ Jurisdiction
- Parties: Petitioner vs. Respondent (with full details and designation)
- Type of writ sought: E.g., “Writ petition for issuance of writ of Mandamus or any other appropriate writ”
- Brief facts: Who the parties are; what happened; relevant dates
- Grounds: Why the order/action is illegal — separate numbered grounds: (a) arbitrary, (b) unreasonable, (c) without jurisdiction, (d) against natural justice, (e) violates fundamental rights, (f) contrary to statutory provisions
- Cause of action: When and how arose; whether continuing
- No other petition filed: Standard averment that no similar petition filed before this or any other court
- No undue delay
- Court fee paid
- Prayer: Specific writ + direction + costs + further orders
6.3 Special Leave Petition under Article 136 (Supreme Court)
SLP — Key Points
- Art. 136 gives the Supreme Court discretionary power to grant special leave to appeal from any judgment, decree, order of any court or tribunal in India
- Does NOT include courts constituted under any law relating to the armed forces
- Only discretionary — SC may refuse to grant leave even if other conditions are met
- Structure: In the Supreme Court of India, Civil/Criminal Appellate Jurisdiction; SLP No. ___ of ___; details of impugned order; grounds; prayer
- An SLP can be filed against any High Court judgment/order within 90 days (for civil matters) or 60 days (for criminal matters) of the judgment
7. Criminal Pleadings
7.1 Bail Applications
Regular Bail vs Anticipatory Bail
| Feature | Regular Bail (S. 483 BNSS / S. 437 CrPC) | Anticipatory Bail (S. 482 BNSS / S. 438 CrPC) |
|---|---|---|
| Stage | After arrest / during custody | Before arrest — in anticipation of arrest |
| Who applies | The arrested/detained accused | Any person who apprehends arrest |
| Who grants | Magistrate (non-bailable offence: Sessions Court or HC) | Sessions Court or High Court |
| Key grounds to plead | Nature/gravity of accusation; prior antecedents; likelihood of fleeing; likelihood of tampering with witnesses | Reasonable apprehension of arrest; grounds to show accusation is politically motivated or malicious; no risk of flight/tampering |
| Conditions | Court may impose conditions: appearance at investigation; no tampering; surrender passport; no leaving jurisdiction | Court may impose conditions: appear before police when required; not tamper with evidence; not influence witnesses; surrender passport |
7.2 Complaint under S. 138 NI Act (Dishonour of Cheque)
S. 138 NI Act — Essential Conditions to Plead
- A cheque was drawn by the accused on an account maintained by them with a bank
- The cheque was for payment of a legally enforceable debt or liability
- The cheque was dishonoured (returned by bank memo: “insufficient funds” / “exceeds arrangement”)
- Payee issued demand notice within 30 days of receiving information of dishonour
- Accused failed to pay within 15 days of receiving the notice
- Complaint filed within one month of expiry of the 15-day period
- Punishment: imprisonment up to 2 years + fine up to double the cheque amount
8. Other Miscellaneous Pleadings
8.1 Consumer Complaint — Consumer Protection Act, 2019
Consumer Protection Act, 2019 — Key Points
- Complaint filed by consumer under S. 35 before the appropriate District/State/National Commission
- Pecuniary jurisdiction: District Commission — up to ₹50 lakh; State Commission — ₹50 lakh to ₹2 crore; National Commission — above ₹2 crore
- Must plead: details of consumer + opposite party; nature of deficiency in service or defect in goods; correspondence made; reliefs sought (compensation + interest + costs)
- No court fee for consumer complaints (S. 35(3))
- Opposite party must file reply within 30 days
8.2 Contempt Petition — Contempt of Courts Act, 1971
Contempt Petition under Ss. 11 and 12
- Filed in the High Court (S. 10) for contempt of subordinate courts; SC (S. 14 and 15) for its own contempts and HC contempts
- Must plead: (i) the original court order that was violated; (ii) specific acts of violation; (iii) knowledge of the contemnor of the order; (iv) prayer for initiation of contempt proceedings and punishment
- Punishment: simple imprisonment up to 6 months + fine up to ₹2,000
- Must be accompanied by affidavit
8.3 Petition under DV Act — S. 12 Protection of Women from Domestic Violence Act, 2005
Domestic Violence Petition — Key Points
- Filed before Magistrate by the aggrieved person (or on her behalf by PO or NGO)
- Reliefs available: Protection Order (S. 18); Residence Order (S. 19); Monetary Relief (S. 20); Custody Order (S. 21); Compensation Order (S. 22)
- Must plead: domestic relationship; acts of domestic violence (physical, sexual, verbal, emotional, economic); present accommodation status
- “Domestic relationship” includes not just spouses but any person who lives or has lived in a shared household in any capacity — includes unmarried couples, relatives
- Must be accompanied by affidavit; Domestic Incident Report from Protection Officer helps
9. Part B: Conveyancing — Theory
9.1 Definition and History
Conveyancing — Definition
“Conveyance” includes every instrument by which property (movable or immovable) is transferred inter vivos (S. 2(10) Indian Stamp Act, 1899). Conveyancing is the art of documenting such transfers. Originated in England — Statute of Frauds 1677 required writing for land transfers; Conveyance of Land Act 1845 formalised it. In India, the Registration Act 1908 requires compulsory registration of documents relating to interests in immovable property above ₹100.
9.2 Deed Poll vs Indenture Deed
| Feature | Deed Poll | Indenture Deed |
|---|---|---|
| Parties | Unilateral — executed by one party | Bilateral or multilateral — executed by two or more parties |
| Voice | Written in first person: “I, so and so…” | Written in third person: “This Deed of Sale…” |
| Opening words | “Know All Men By These Presents” or “I, [name]” | “This Indenture of…” / “This Deed of…” |
| Examples | Bond, Power of Attorney, Will | Lease deed, Mortgage deed, Partnership deed |
| Current status | The distinction is now largely historical — both terms are used interchangeably | |
9.3 Components of a Deed
13 Components of an Ordinary Deed of Transfer
| Component | Description | Example |
|---|---|---|
| (A) Description/Title | Name of the transaction — in capitals | “THIS DEED OF SALE”, “THIS LEASE” |
| (B) Date and Place | Date on which executed; written in words (not figures) to prevent fraud; place clearly specified | “THIS LEASE made on the first day of February, 2024, at New Delhi” |
| (C) Parties | Full names, parentage, occupation, address; reference labels for convenience | “AB… (hereinafter called ‘the Vendor’) … AND CD… (hereinafter called ‘the Purchaser’)” |
| (D) Recitals | Background history — Narrative (past history) + Introductory (motive). Begin with “WHEREAS” | “WHEREAS the Vendor is the absolute owner of property bearing No. ___” |
| (E) Testatum | Witnessing clause — operative part of deed begins here | “NOW THIS DEED WITNESSES AS FOLLOWS:” |
| (F) Consideration | Fully and truly set forth (S. 27 Stamp Act requires this; penalty for non-disclosure: fine up to ₹5,000) | “in consideration of Rs. _____ paid by the Purchaser to the Vendor” |
| (G) Receipt | Acknowledgement of receipt of consideration — may be in the deed itself | “the receipt of which the Vendor hereby acknowledges” |
| (H) Operative Words | Core transfer words — vary by nature of transaction | Sale: “grant, convey, transfer, and assure”; Lease: “demise and lease”; Gift: “give, grant, and transfer” |
| (I) Parcels | Description of the property transferred — must be precise enough to avoid ambiguity | Area, boundaries (East/West/North/South), survey number, municipal number |
| (J) Exceptions and Reservations | Exception: something existing that is kept back. Reservation: newly created right kept by grantor | Vendor keeps right of way over sold property (reservation) |
| (K) Habendum | “To have and to hold” clause — India: not strictly necessary but used | “TO HAVE AND TO HOLD the said property” |
| (L) Covenants | Express undertakings by parties — grantor’s + grantee’s covenants separately stated | Vendor: covenant for quiet enjoyment, covenant against encumbrances |
| (M) Testimonium | Closing clause — confirms execution; not strictly necessary but conventional | “IN WITNESS WHEREOF the parties hereto have signed this deed on the date first above written” |
+ (N) Signatures and Attestation: Signatures of executants; attesting witnesses (two required for wills; mortgages require two; sale deeds: two witnesses recommended)
10. Part B: Conveyancing Deeds — Key Specimens
10.1 Will
S. 2(h) Indian Succession Act 1925 — Definition of Will
“Will means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.”
Essential Elements of a Valid Will
- Must be in writing (no prescribed form)
- Must be signed by the testator (or signed at his direction in his presence)
- Must be attested by two witnesses who were present at the same time and signed in presence of the testator (S. 63 ISA)
- Testator must be of sound mind at the time of making the will
- Will speaks from death — operates from the date of death of the testator
- No stamp duty required; registration is optional (not compulsory)
- A will can be revoked at any time during the testator’s lifetime
10.2 Power of Attorney
Power of Attorney — Types
Power of Attorney Act, 1882: “Power-of-Attorney includes any instruments empowering a specified person to act for and in the name of the person executing it.”
| Feature | General Power of Attorney (GPA) | Special Power of Attorney (SPA) |
|---|---|---|
| Scope | More than one subject matter; broad powers | Specific subject matter — single act |
| Registration | Stamped; not mandatorily registered | Stamped; not mandatorily registered |
| Opening words | “KNOW ALL MEN BY THESE PRESENTS” | “KNOW ALL MEN BY THESE PRESENTS” |
| Revocability | Revocable unless coupled with interest | Revocable unless coupled with interest |
| Example | GPA to manage all legal affairs and property of a company | SPA to execute a specific sale deed for one property |
10.3 Agreement for Sale and Sale Deed
S. 54 TPA 1882 — Sale
“Sale is a transfer of ownership in exchange for a price paid or promised or part-paid or part-promised.”
Agreement for Sale vs Sale Deed
| Feature | Agreement for Sale | Sale Deed |
|---|---|---|
| Effect | Creates an obligation to transfer; no title passes | Transfers ownership/title immediately |
| Consideration | Earnest money paid; balance on execution of sale deed | Full consideration received |
| Possession | Generally remains with vendor | Possession delivered to purchaser |
| Registration | Required if period > 1 year (otherwise: not compulsory) | Compulsory if value > ₹100 (S. 17 Registration Act) |
| Stamp duty | Nominal | Full stamp duty on transaction value |
| Remedy if breached | Specific performance or damages | N/A (title already passed) |
10.4 Lease Deed
S. 105 TPA — Lease
“A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee.”
Parties: Lessor and Lessee. Key covenants: payment of rent; use of property; repairs; return of property on expiry; rights of renewal (if any).
10.5 Other Key Deeds
| Deed Type | Relevant Law | Key Distinction |
|---|---|---|
| Mortgage Deed | Ss. 58-104 TPA | Transfer of interest in property as security for debt; transferor = mortgagor; transferee = mortgagee |
| Gift Deed | Ss. 122-129 TPA | Transfer of existing movable/immovable property voluntarily, without consideration; must be accepted by donee; compulsory registration for immovable property gift |
| Partnership Deed | Indian Partnership Act 1932 | Not a conveyance of property per se — but records the terms of partnership agreement; must be registered to get full legal benefits |
| Relinquishment Deed | TPA / family law | Relinquishment/release of a right in property; commonly used in family property division |
| General/Special PoA | Powers of Attorney Act 1882 | Agent acts on behalf of principal; dies with principal unless coupled with interest |
10.6 Legal Notices
| Notice | Law | Purpose and Key Requirements |
|---|---|---|
| Notice under S. 106 TPA | Transfer of Property Act 1882 | Notice to quit — landlord to tenant or tenant to landlord for terminating a month-to-month or year-to-year tenancy; 15 days for monthly tenancy, 6 months for annual tenancy; served by registered post |
| Notice under S. 80 CPC | Code of Civil Procedure 1908 | Mandatory 2-month notice before suing the Government/Public Officer for acts in official capacity; served by registered post; if no notice, suit not maintainable (except in urgent injunction cases) |
| Notice under S. 138 NI Act | Negotiable Instruments Act 1881 | Demand notice after dishonour of cheque; must be within 30 days of receiving dishonour memo; demand full amount; gives debtor 15 days to pay before criminal complaint |
11. Important Questions
Short Answer Questions
1. Distinguish between pleadings and conveyancing.
Pleadings = written contentions in court proceedings (plaint, written statement, applications). Conveyancing = instruments/deeds documenting transactions outside court (sale deed, lease, mortgage) — though they may be used in court as evidence. Pleadings are for adjudication; conveyancing is for creating/recording rights.
2. What are the four fundamental rules of pleadings under Order 6 CPC?
(1) State facts, not law; (2) State all material facts and material facts only; (3) State facts, not evidence (Facta Probanda, not Facta Probantia); (4) State such facts concisely, but with precision and certainty.
3. What are the three conditions required for grant of a temporary injunction?
Prima facie case; irreparable loss or injury if not granted; balance of convenience in favour of applicant. All three must be shown; balance of convenience is usually the most important.
4. Distinguish between a General Power of Attorney and a Special Power of Attorney.
GPA: covers more than one subject matter, broad powers (legal, financial, property); SPA: relates to a specific subject matter (e.g., execute one sale deed). Both stamped; neither mandatorily registered. Both die with principal unless coupled with interest.
5. What are the essential elements that must be proved in a complaint under S. 138 NI Act?
Cheque drawn on account; for legally enforceable debt; returned dishonoured; demand notice within 30 days of dishonour; no payment within 15 days of notice; complaint within 1 month of expiry of 15-day period. All are jurisdictional prerequisites.
6. Distinguish between Probate and Letters of Administration.
Probate: granted when testator leaves a will AND appoints an executor; proves the will; only executor can apply. Letters of Administration: granted when there is no will (intestate) OR will but no executor appointed; heir/legatee applies. Both give authority to administer estate.
7. What is a set-off? How does it differ from a counter-claim?
Set-off (O. VIII, R. 6): claim for money by defendant against plaintiff’s money claim; must be liquidated; same parties; reduces/extinguishes plaintiff’s claim. Counter-claim (O. VIII, R. 6A): independent claim by defendant against plaintiff; can be for any relief (not just money); survives dismissal of suit; treated as a separate suit.
8. What are the components of a deed?
13 components: (A) Description/Title; (B) Date and Place; (C) Parties; (D) Recitals (WHEREAS…); (E) Testatum (NOW THIS DEED WITNESSES); (F) Consideration; (G) Receipt; (H) Operative Words; (I) Parcels; (J) Exceptions and Reservations; (K) Habendum; (L) Covenants; (M) Testimonium; + (N) Signatures and Attestation.
9. What is the difference between a sale deed and an agreement for sale?
Agreement for sale: creates obligation to sell; no title passes; earnest money paid; balance on execution of sale deed. Sale deed: transfers title immediately on execution and registration; full consideration received; possession delivered; stamp duty paid in full; compulsory registration required.
10. What are the reliefs available under the DV Act 2005?
Protection Order (S. 18); Residence Order (S. 19 — right to remain in shared household, can direct respondent to provide alternate accommodation); Monetary Relief (S. 20 — maintenance, medical expenses, loss of earnings); Custody Order (S. 21); Compensation (S. 22). Emergency orders can be granted ex parte. Breach is cognisable and non-bailable offence.
Long Answer Questions / Essay Questions
1. What are pleadings? Discuss their object and the fundamental rules governing pleadings under the CPC.
Definition; history (oral to written); Order 6 R. 1 (plaint + written statement); function (narrow dispute, fair notice, prevent surprise, eliminate irrelevancy); 4 fundamental rules with illustrations; rules for good drafting; alternative pleas.
2. Draft a plaint for a suit for permanent injunction restraining the defendants from interfering with the plaintiff’s peaceful possession of premises.
Full draft with: court heading; parties; title of suit; paragraphs 1–15 covering background, tenancy/possession, threats by defendants, police inaction, cause of action, jurisdiction, court fee; prayer: (a) permanent injunction, (b) costs, (c) further orders; verification.
3. Write a note on conveyancing. What are the components of a deed? Distinguish between Deed Poll and Indenture Deed.
Definition (S. 2(10) Stamp Act); history (English origin, Indian context, Registration Act); object and function; all 13+1 components with descriptions; Deed Poll (unilateral, 1st person, Bond/PoA/Will) vs Indenture (bilateral, 3rd person, Lease/Mortgage/Partnership). Modern distinction largely historical.
4. Draft a Sale Deed for sale of an immovable property.
Full specimen sale deed: title; date and place; parties (Vendor and Purchaser with expression definitions); recitals (WHEREAS vendor purchased property in year X by deed Y); agreement (AND WHEREAS vendor agreed to sell…); testatum; consideration clause; acknowledgement of receipt; operative words (grant, convey, transfer and assure); parcels (property description with boundaries, floor, area); covenants by vendor (clear title, quiet enjoyment, no encumbrances); testimonium; schedule; signatures and witnesses.
5. What is a writ? Explain the five writs available under the Constitution with their purpose.
Five writs: Habeas Corpus (unlawful detention — produce the body); Mandamus (command to perform public legal duty); Certiorari (quash inferior court order for jurisdictional error); Prohibition (forbid inferior court from exceeding jurisdiction — preventive); Quo Warranto (oust usurper of public office). Art. 32 (SC) — fundamental right to writs; Art. 226 (HC) — broader jurisdiction including non-fundamental right matters.
MCQ Practice
1. Which of the following is NOT a fundamental rule of pleadings under Order 6 CPC?
✓ (d) State the law applicable to each fact pleaded — this is WRONG; fundamental rule is state facts NOT law
✓ (d) State the law applicable to each fact pleaded — this is WRONG; fundamental rule is state facts NOT law
2. The three essential conditions for temporary injunction under Order XXXIX CPC are:
✓ (b) Prima facie case + irreparable injury + balance of convenience in favour of applicant
✓ (b) Prima facie case + irreparable injury + balance of convenience in favour of applicant
3. Under S. 138 NI Act, a demand notice must be sent within ___ days of receiving information of dishonour:
✓ (b) 30 days
✓ (b) 30 days
4. Which court has jurisdiction for consumer complaints exceeding ₹50 lakh but not exceeding ₹2 crore?
✓ (b) State Consumer Disputes Redressal Commission
✓ (b) State Consumer Disputes Redressal Commission
5. “Facta Probanda” in the context of pleadings means:
✓ (a) Facts to be proved — these go in the pleadings. Facta Probantia (evidence to prove them) does NOT go in pleadings.
✓ (a) Facts to be proved — these go in the pleadings. Facta Probantia (evidence to prove them) does NOT go in pleadings.
6. A Will under the Indian Succession Act must be attested by:
✓ (b) At least two witnesses who were present at the same time and signed in the presence of the testator
✓ (b) At least two witnesses who were present at the same time and signed in the presence of the testator
7. The “Testatum” in a deed is:
✓ (c) The witnessing clause that begins the operative part: “NOW THIS DEED WITNESSES AS FOLLOWS”
✓ (c) The witnessing clause that begins the operative part: “NOW THIS DEED WITNESSES AS FOLLOWS”
8. A Special Leave Petition under Art. 136 of the Constitution can be filed against a judgment of:
✓ (d) Any court or tribunal in India, EXCEPT courts constituted under any law relating to the armed forces
✓ (d) Any court or tribunal in India, EXCEPT courts constituted under any law relating to the armed forces
9. The writ of Certiorari is issued to:
✓ (b) Quash the order of an inferior court or tribunal where there is lack/excess of jurisdiction or error of law apparent on the face of the record
✓ (b) Quash the order of an inferior court or tribunal where there is lack/excess of jurisdiction or error of law apparent on the face of the record
10. Under Order VIII Rule 1 CPC, the maximum time limit for filing a written statement is:
✓ (b) 90 days from date of service of summons (30 days as of right; court may extend up to 90 days maximum)
✓ (b) 90 days from date of service of summons (30 days as of right; court may extend up to 90 days maximum)
Quick Revision Cheatsheet
Key Pleadings — At a Glance
| Document | Filed By | Court/Forum | Key Rule |
|---|---|---|---|
| Plaint | Plaintiff | Civil Court | O. 6, 7 CPC |
| Written Statement | Defendant | Civil Court | O. 8 CPC; max 90 days |
| Application for Temp Injunction | Plaintiff | Civil Court | O. XXXIX RR. 1 & 2; 3 conditions |
| Bail Application | Accused | Sessions/HC/Magistrate | S. 437/438/439 CrPC / S. 483/482 BNSS |
| Writ Petition (Art. 226) | Petitioner | High Court | No limitation period (reasonable delay) |
| SLP (Art. 136) | Aggrieved party | Supreme Court | 90 days (civil); 60 days (criminal) |
| Consumer Complaint | Consumer | District/State/National Commission | 2 years limitation; no court fee |
| S. 138 NI Act Complaint | Payee | Judicial Magistrate | Notice 30 days; 15 days to pay; complaint 1 month |
Conveyancing — Registration Requirements
| Document | Registration | Stamp Duty |
|---|---|---|
| Will | Optional | Not required |
| Power of Attorney | Not mandatory (but recommended) | Required |
| Agreement for Sale | Required if > 1 year | Nominal |
| Sale Deed (immovable property > ₹100) | Compulsory (S. 17 Registration Act) | Full stamp duty on value |
| Lease > 1 year | Compulsory | Required |
| Gift of Immovable Property | Compulsory | Required |
| Mortgage with possession | Compulsory | Required |
Golden Rules for Exam
- 4 Fundamental Rules: Facts not Law; Material facts only; Facts not Evidence; Concise, precise, certain.
- Temp Injunction: Prima Facie Case + Irreparable Injury + Balance of Convenience — all three required.
- S. 138 NI Act: 30 days notice + 15 days to pay + 1 month to file complaint — all strict.
- 13 components of a deed: D-D-P-R-T-C-R-O-P-E-H-C-T (+ Signatures). Mnemonic: “Do Dogs Play Rather Than Catch Rabbits Over Paths Eating Healthy Corn Together.”
- 5 Writs: HC — Mandamus (command); Certiorari (quash); Prohibition (prevent); Quo Warranto (oust); Habeas Corpus (produce body).
- Sale deed: compulsory registration if immovable property value > ₹100 (virtually always).
- Will: two attesting witnesses; signed by testator; sound mind; no prescribed form; registration optional; no stamp duty.
- Written Statement: 30 days as of right; maximum 90 days; undenied facts = admitted.
- Verification: state what is from personal knowledge vs. information and belief — specify paragraph numbers.
- Consumer jurisdiction: District ≤ ₹50L; State ₹50L–₹2Cr; National > ₹2Cr.