Contents

Draft 16 – Public Notice............................................................................................................1

Draft 17, 18 – General and Specific Power of Attorney (for court purposes)...........................1

Draft 18 – Suit for specific performance of the contract...........................................................3

Draft 19 – Divorce on grounds of cruelty..................................................................................3

Draft 19 – Plaint for eviction/WS on behalf of tenant...............................................................4

Draft 20 – Development Agreement..........................................................................................6

Draft 21 – Gift Deed..................................................................................................................7

Draft 21 – Lease Deed................................................................................................................8

Draft 22 – Criminal Complaint / Civil Suit for Defamation......................................................9

Draft 22 – Agreement for use of premises for advertisement purposes...................................10

Draft 23 – Partnership Deed and Dissolution..........................................................................10

Draft 24 – Promissory Note.....................................................................................................12

Draft 25 – Deed of Usufructuary Mortgage.............................................................................12

Draft 25 – Deed of Mortgage by Conditional Sale..................................................................13

Draft 26 – Will and Codicil to Will.........................................................................................13

Draft 27 – Sale deed.................................................................................................................14

Draft 28 – Draft Affidavit along with the civil suite/Criminal complaint...............................15

Draft 28 - Execution petition to give the effect to a decree.....................................................15

Draft 29 - Interlocutory Application to obtain the Injunction under Order XXXIX of C.P.C
1908..........................................................................................................................................16

Draft 30 – Trademark Licensing Agreement...........................................................................16

Draft 16 – Public Notice
Public notices are an important part of the legal process, notifying citizens any ongoing or
completed legal proceedings is often considered to be of high value. today public notice in
newspaper advertisements relating to legal proceedings are done in various cases which
requires such notice. Moreover, it can also be done as a notification of a case which is
scheduled to be heard on a specified date.
Who can issue?
A Public Notice advertisement in the newspaper, relating to any specific legal proceedings
can be made by either the government or a business enterprise (company, partnership, LLP
etc.) or even by individuals. Generally, individuals tend to send out public notices when they
are dealing with some property and want to inquire about if there is an existing dispute over
the property etc. The government, on the other hand, makes public notices to spread
awareness about granting or revoking of any license or relating to law-making etc.
What must it contain?
No specific format – but to prevent any challenge to the notice, must contain all necessary
information and be published in a widely circulated newspaper notice of vernacular language.

Draft 17, 18 – General and Specific Power of Attorney (for court purposes)
A General power of attorney is a legal document authorising one person (called an agent) to
act on behalf of another (the principal). A Special power of attorney is specific to property or
under specific circumstances.

Applicable Laws:
- Power of Attorney Act, 1882
- Indian Contract Act, 1872 (Sections: 182, 188, 192, 201, 202, 203, 204, 210)
- Maharashtra Stamp Act, 1958 (Article 48)
- Indian Registration Act, 1908 (Sections 17 and 18)
Why?
- To represent the Executant before various authorities
- To do all or any acts, deeds and things, as specified
- To fulfill formalities under various statues
- To conserve time and cost
- Sometimes executed as a document ancillary to the main document
Types:
1. Specific Power of Attorney with/ without Consideration
2. General Power of Attorney with/ without Consideration
3. Revocable Power of Attorney
4. Irrevocable Power of Attorney
 5. Power of Attorney for Court purposes
POA not valid for
- Settlement of court cases
- Leading evidence in court
o Exception: Only if the Power Agent has personal knowledge or has been
personally involved in the transaction
- Transfer of immovable property in the Revenue Records: Can apply for transfer but
cannot validate a transfer as a Transferor
Clauses:
1. Names of the parties
2. Description of property involved
3. Nature of Power of Attorney
4. Purpose for which Power is granted
5. Payment of consideration if any – mode of payment Time limit, if any
6. Delegation/ Sub delegation
7. Ratification
8. Names, signatures and addresses of witnesses
Precautions:
1. Identity of the parties must be thoroughly verified – Especially when entering into a
transaction with the Power Agent
2. Must be very specific
3. Must protect the Executant in respect of future/unforeseen transactions by the Power
Agent
4. Delegation must be carefully permitted
5. Must encompass all future processes in respect of a transaction
How can it be revoked?
1. By express revocation
2. By implied revocation (when the Executant does anything which is inconsistent with
the continued operation of the power)
3. By efflux of time
4. By fulfillment of purpose
5. By death, mental incapacity or bankruptcy of the Executant
6. By winding up or dissolution of corporate Executant
Registration reqd for: movable property, court matters, other purposes
Not reqd for: power to sell/transfer immovable property, power in respect of registration and
representation (EXCEPTION: Foreign POA)

Draft 18 – Suit for specific performance of the contract

Specific performance means fulfilling a promise made under a contract as agreed. Specific
performance is a remedy developed by principle of equity. A suit for specific performance
can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to
non-performance of contract on part of the other party to the contract.
The Supreme Court vide its judgment in the matter of Kamal Kumar v. Premlata Joshi &
Ors. 2009 has reiterated that the relief of specific performance is a discretionary and
equitable relief and that the same may be declined if the Plaintiff fails to plead in accordance
with the statutory requirements laid down under the Specific Relief Act, 1963 (Act).
Section 16(c) of the Act mandates the plaintiff to aver in the plaint and establish the fact by
evidence aliunde that he has always been ready and willing to perform his part of the
contract.
To adjudge whether the Plaintiff is ready and willing to perform his part of the contract, the
Court must take into consideration the conduct of the Plaintiff prior and subsequent to the
filing of the suit along with other attending circumstances and to prove willingness to
perform plaintiff must enter witness box. 1

Draft 19 – Divorce on grounds of cruelty

To constitute cruelty, the conduct complained of should be "grave and weighty" so as to
come to the conclusion that the petitioner spouse cannot be reasonably expected to live with
the other spouse. It must be something more serious than "ordinary wear and tear of married
life".
Prior to the 1976 amendment in the Hindu Marriage Act, 1955 cruelty was not a ground for
claiming divorce under the Hindu Marriage Act. It was only a ground for claiming judicial
separation under Section 10 of the Act. By 1976 Amendment, the Cruelty was made ground
for divorce. The words, which have been incorporated, are "as to cause a reasonable
apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner
to live with the other party".
he Hindu Marriage Act-1955 has given the legal provision for divorce on basis of cruelty
under section – 13(1)(ia) as follows;
“Any marriage solemnized, whether before or after the commencement of this Act,
may, on a petition presented by either the husband or the wife, be dissolved by a
decree of divorce on the ground that the other party has, after the solemnization of the
marriage, treated the petitioner with cruelty”.
- It is sufficient that if the cruelty is of such type that it becomes impossible for spouses
to live together,
- The leveling of false allegation by one spouse about the other having alleged illicit
relations with different persons outside wedlock amounted to mental cruelty,

1
Check http://www.legalservicesindia.com/article/1587/Suit-For-Specific-Performance-of-Contract-in-
India.html
 - A husband cannot ask his wife that he does not like her company, but she can or
should stay with other members of the family in matrimonial home. Such an attitude
is cruelty in itself on the part of the husband,
- Social torture by anyone of the spouses to the other, found to be as the mental torture
and cruelty.
- If the intention to harm, harass or hurt could be inferred by the nature of the conduct
or brutal act complained of, cruelty could be easily established. But the absence of
intention should not make any difference in the case. The cruel treatment may also
result from the cultural conflict between the parties.
- A party can cause mental cruelty when the other spouse levels an allegation that the
petitioner is a mental patient, or that he requires expert psychological treatment to
restore his mental health.
 Section 19 of the Act provides for the Court to which petition under this Act shall be
presented. Every petition under the Act shall be filed with the District Court( family courts)
within the local limits of whose ordinary civil jurisdiction:
 The Marriage was solemnized, or
 The respondent at the time of the presentation of the petition resides, or
 The parties to the marriage last resided together, or
 In case wife is the petitioner, where she is residing on the date of presentation of the
suit, or
 The petitioner is residing, in case respondent is out of the territory of which the Act
applies or has not been heard for 7 years.
The petition must state the following:
 Name of the parties
 Status and domicile of the parties
 Date and place of marriage
 Principal permanent place where the parties cohabit
 Place where the parties last resided together
 Names of the children of the marriage( if any) with date of birth
 Ground of seeking divorce or separation
Also, the petition should include the following details,
 The facts and details on the basis of which the relief is sought by the petitioner
 That the parties are not deceiving the court by collaborating
 The averments made are verified.
Documents required
 Income tax statement for past 3 years
 Details of profession and present remuneration
 Personal information
 Asset ownership details.

Draft 19 – Plaint for eviction/WS on behalf of tenant

Tenant

TOPA provides rights and obligations of the lessee and lessor. However, under the Easement
Act, where a license has been granted for a consideration, and the non-defaulting licensee, is
evicted by the grantor before he has fully enjoyed, under the license, the right for which he
contracted, he is entitled to recover compensation from the grantor. While TOPA mandates
that a landlord must follow due process of law while evicting the licensee it does not contain
any provision which enables such a licensee to remain in possession of the licensed premises.
SUIT UNDER THE SPECIFIC RELIEF ACT, 1963 (SPECIFIC RELIEF ACT) AND
THE CODE OF CIVIL PROCEDURE, 1908 (CPC)
While a licensee has no remedy under TOPA with respect to forceful eviction, such a licensee
can file a suit under the Specific Relief Act for a special and speedy remedy which is to be
put back in possession of the licensed premises. The only thing necessary for a licensee to
establish in such a case is that the licensor evicted him wrongfully and without following due
process of law. In such a case, the Specific Relief Act provide that an investigation into the
title of the Suit Premises is irrelevant. It was held in In Sujit Pal Versus Prabir Kumar Sun,
it was held that when the plaintiff in a suit for permanent injunction and declaration of
tenancy was forcibly dispossessed in violation of the interim injunction, the civil Court can
invoke its inherent power to grant temporary mandatory injunction by directing the police to
restore possession. This is one such instance where the law which generally favours property
owners makes an exception for licensees who have been wronged by being forcefully evicted.
Landlord2
The Rent Control Act entitles the landlord with the Right to Evict: The right to evict a tenant
is also different from state to state. Meaning in some states, the landlord may evict a tenant
for personal and bona fide reasons such as wanting to live there themselves. Such a reason is
not an acceptable cause for eviction in Karnataka. The landlord, in most cases, must approach
the court to evict the tenant. It is also needed by law for the landlord to send sufficient notice
to the tenant before approaching the court.
Talking about Maharashtra’s Rent Control Act, Mukesh Jain, Corporate Lawyer and Founder,
Mukesh Jain & Associates, says, “If the Maharashtra Rent Control Act, 1999 is considered,
the landlord is well protected. Similarly, the interests of old tenants are also secured under the
law. However, the law categorically excludes companies having paid a capital of Rs 1 crore,
banks, and public companies from its purview. For example, a bank occupying a property
despite the expiration of lease can be evicted as per the Act. Moreover, all agreements by way
of leave and license provide full protection to the landlord against non-payment and overstay.
The competent authority shall evict them, and the process takes about six months.”
Jurisdiction: According to State Rent Control Act
Jurisdiction under Rent Control Act to try eviction suit is limited to grounds specified therein
only, except where alternative remedy is permissible thereunder.

2
https://www.99acres.com/articles/legal-rights-of-landlords-in-india.html
Position is different where eviction suit is filed under Transfer of Property Act, in which case
civil court can grant equitable relief under Or. 7 R. 7 CPC on basis of title of plaintiff even in
absence of landlord-tenant relationship.

Draft 20 – Development Agreement

Laws Applicable:

- Indian Contract Act, 1872

- Transfer of Property Act, 1882
- Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale,
Management and Transfer) Act, 1963
- Indian Registration Act, 1908
- Maharashtra Stamp Act, 1958
- Income Tax Act, 1961
- Development Control Rules

Modes of Transaction: (1) Development Agreement (2) Sale deed (3) JV Agreement (4)
Redevelopment Agreement

Nature:

1. Permits construction of Residential/Commercial premises on open land

2. Ownership of land continues with the owner
3. Only right to Develop is transferred
4. Possession may/ may not be transferred
5. Title clearance may/ may not responsibility of the owner
6. Permissions are normally obtained by the Developer
7. Returns to the owner may be in Cash or in Kind
8. Profits/Revenue may or may not be shared with the owner
9. Cost of development borne by the Developer

Redevelopment agreement differs: ownership of land w society/owner, additional TDR/FSI

can be used, consent of ALL members is a must, alternative acco must be ensured

Instead of a sale deed, development agreement preferred:

1. Lack of funds and expertise with the owner to Develop

2. Owner want to retain part of the new construction
3. Non availability of Agriculturist status with the proposed Developer (Purchaser)
 4. Land being vacant land in excess of ceiling limits
5. No process to be followed for recording name in the revenue record; Optional
6. Responsibility as to clearing title with the owner

v/s JV:

1. Development Right is better than Joint Venture

2. Availability of recourse of Court of Law for specific performance
3. Owner not required personally, for sale of land or units constructed
4. No prior permissions for further assignment of Development Rights
5. Fixed consideration
6. No sharing of income in case of availability of additional FSI or TDR
Important Clauses:
1. Names of the parties
2. Brief history of property
3. Declarations by owner
4. Payment of consideration – Mode of payment
5. Handover of possession
6. Rights and responsibilities of parties
7. Handover of original documents
8. Past and Future Taxes And Government Dues
9. Notices
10. Severability
11. Dispute resolution
12. Jurisdiction
13. Stamp Duty and Registration Fees
14. Names, Signatures and Addresses of witnesses
POA must be attached: as mere DA does not give power to represent the owner.
Developer can represent owner before various authorities.

Draft 21 – Gift Deed

A gift deed is a document that records the act of giving a gift and is executed between the
donor (the person giving the gift) and the donee (person receiving the gift). Though it is not
compulsory to execute a gift deed while gifting any asset, it does create a valid documentary
record. A gift can be movable or immovable property that is transferable and tangible. Under
section 122 of TOPA – gift deed. S. 123 of TOPA – unreg deed = invalid

Important Aspects:

- Emphasizing that the transfer is voluntary

 - Donor is solvent
- Must be in the lifetime of the donee
- Cannot be future property
- Cannot cancel the gift deed without the consent of the donee (Excp: Section 128 of
TOPA only death of donee = cancellation)
- Exempt from Income Tax Act

Registration – section 17 of Reg Act with sub-registrar + get it attested

Draft 21 – Lease Deed

Lease deed is a legal document which lays out the prescribed terms and conditions under
which the property is leased out. Lease deed must contain information about the lessor,
lessee, tenure of lease, lease payments payable and other terms to be followed by the lessee
and lessor during the lease term.
Sec. 105 of TOPA - lease of immovable prop includes a transaction between a lessor and
lessee - it's a transfer of the right to enjoy immovable prop that is made in consideration of a
price paid or promised (premium) and is active for a certain time (express/implied)
Essentials of lease:
- -immovable prop should be transferable
- -commencement date and period or duration of lease to be mentioned
- -premium to be fixed
- -rent payable and time when it is to be paid
Key clauses:

1. Description of Property: The lease deed must contain the description of the property
like the area, location, address, structure, furniture and fittings, etc.
2. Duration: The lease deed must clearly state the time period for which the lease deed
will be valid. This provision can also include the information relating to the renewal
of the lease deed if both the parties wish to continue and renew their contract.
3. Rent, Maintenance, and Security: The amount of rent, mode of payment, due dates,
security deposit to be paid, interest on delay in payment, etc. must be clarified in the
lease deed. The lease deed must also include the details and responsibility for paying
any maintenance charges, utility bills, society charges, etc.
4. Termination of Lease: The lease deed must state the reasons for which the lease
agreement can be terminated. This may include breach of lease deed, use of the
property for illegal acts, failure to pay rent, nuisance by the tenant, etc.
5. Subletting: The lease deed must state whether the tenant is allowed to sublet the
property or not.
 6. Dispute Resolution: The agreement must mention the manner in which the legal
disputes between the landlord and tenant arising out of breach of the lease deed will
be dealt with. This may include any ADR processes like Arbitration.
7. Applicable Laws: This provision states the laws which will be applicable over the
lessor and lessee in case of a dispute and which court will have jurisdiction to deal
with such matters.

For registering a residential lease deed basic documents are required:

1. Lease deed
2. Stamp paper
3. Receipt of registration fees.
For registering a commercial lease deed, the following documents are required:
1. Power of attorney/board resolution on company letterhead.
2. ID proof like Aadhaar Card, Driving Licence, Passport, etc.
3. Address Proof of the authorized signatory.
4. Passports sized colored photographs of the authorized signatory.
5. Company PAN card.
6. Company seal/stamp of authorized signatory.

Draft 22 – Criminal Complaint / Civil Suit for Defamation

According to section 499 of IPC, whoever, by words either spoken or intended to be read, or
by signs or by visible representations, makes or publishes any imputation concerning any
person intending to harm, or knowing or having reason to believe that such imputation will
harm, the reputation of such person, is said, except in the cases hereinafter expected, to
defame that person.
Exceptions: These include “imputation of truth” which is required for the “public good” and
thus has to be published, on the public conduct of government officials, the conduct of any
person touching any public question and merits of the public performance.
Section 500, which is on punishment for defamation, reads: “Whoever defames another shall
be punished with simple imprisonment for a term which may extend to two years, or with
fine, or with both.” Defamation is a bailable, non-cognizable offence and
compoundable offence. Hence a policeman may arrest only with an arrest warrant issued by a
magistrate. 
Civil suit:
Defamation is a spoken or written false statement about you that results in some type of
harm. “libel" is written or posted defamation, while "slander" is defamation that's spoken). In
a civil suit, the statement must be published.
The remedy for civil defamation is stated under the Law of Torts. In a civil defamation case,
the person who is defamed can move either to the High Court or subordinate courts and seek
damages in the form of monetary compensation from the accused.

Draft 22 – Agreement for use of premises for advertisement purposes

Laws:
1. The Press Council Act 1978
1. Cable Television Network Rules, 1994
2. Code for Commercial Advertising on Doordarshan and All India Radio
3. Electronic Media Monitoring Centre (EMMC)
4. Norms for Journalist Conduct issued by the Press Council of India
5. Code of Conduct of the News Broadcasters Association
Refer to PPT because this shit is too boring – Franchise and Lease Agreement

Draft 23 – Partnership Deed and Dissolution

Partnership deed is an agreement between the partners of a firm that outlines the terms and
conditions of partnership among the partners. It specifies the various terms such as
profit/loss sharing, salary, interest on capital, drawings, admission of a new partner, etc.
Partnership Act, 1932: An Association of 2 (Two) or more people as Partners.
Essentials of partnership:
- Mutual Agency
- More than 1 partner
- Max 100 partners
- Business for making profits$$$$$$
- Should be a valid contract
Salient features, rights and duties, etc: (Refer to PPT)
Types:
- Partnership at will
- Particular Partnership (will end after project ends)
Types of partners:
- actual/active/ostensible;
- sleeping/dormant
o who is a partner by agreement;
o who does not actively take part in the conduct of the business
 o not required to give public notice of their retirement from the partnership firm.
- nominal (only lends his name, cannot take profits);
- partner in profits only;
- sub-partner, who agrees to share his profits in a partnership firm with an outsider to
the firm. A sub-partner does not hold any right against the firm nor is liable to any
debts caused by the firm;
- Incoming partner who is admitted as a partner into an already existing firm with the
consent from all the other existing partners. Such a partner is not liable for any acts of
the form taken before his entry as a partner to the firm;
- Outgoing partner who leaves the firm in which the rest of the partners continue to
carry on the business. Such a partner remains liable to third parties for all the actions
taken by the firm until a public notice concerning his retirement is given
Dissolution
Section 39 of the Indian Partnership Act, provides that “the dissolution of the partnership
between all the partners of a firm is called the dissolution of a firm.” It implies the complete
break down of the relation of partnership between all the partners.
Dissolution without the intervention of the Court.
Section 40 – by agreement
Section 41 – compulsory dissolution in cases of insolvency, unlawful business
Dissolution on the happening of contingent event (S.42)
(i) Expiry of Fixed Period
(ii) on achievement of specific task
(iii) Death of partner
(iv) Insolvency
(v) Resignation
Dissolution by notice – s.34
Dissolution by Court - s44
(i) Insanity of Partner
(ii) Incapacity
(iii) misconduct
(iv) Constant breach of agreement
(v) Transfer of Interest
(vi) Continuous Losses
(vii) Just and Equitable Ground
Rights of partners to have business wound up after dissolution (S.46)
On the dissolution of a firm every partner or his representative is entitled, as against all the
other partners or their representatives, to have the property of the firm applied in payment of
the debts and liabilities of the firm, and to have the surplus distributed among the partners or
their representatives according to their rights.

Continuing authority of partners for purposes of winding up ( S.47)

After the dissolution of a firm the authority of each partner to bind the firm, and the other
mutual rights and obligations of the partners continue notwithstanding the dissolution, so far
as may be necessary to wind up the affair of the firm and to complete transactions begun but
unfinished at the time of the dissolution, but not otherwise:
PROVIDED that the firm is in no case bound by the acts of a partner who has been
adjudicated insolvent; but this proviso does not affect the liability of any person who has after
the adjudication represented himself or knowingly permitted himself to be represented as a
partner of the insolvent.3

Draft 24 – Promissory Note

A promissory note is a financial instrument that contains a written promise by one party (the
note's issuer or maker) to pay another party (the note's payee) a definite sum of money, either
on demand or at a specified future date.
Section 2 (22) of the Indian Stamp Act of 1899 defines a promissory note + so does section 4
of Negotiable Instruments Act. Generally, no attestors are necessary to execute a promissory
note.
The Indian courts have also not been able to render justice in cases where one party relies
upon a “bill of exchange or promissory note” which is not stamped or is deficiently stamped.
Prerequisites:
- Written
- Unconditional promise to pay
- Signed by maker
- Maker = designed person (not fictional, like groot)
- Payee should also not be like groot
- Promise to pay money ONLY
- Not payable to bearer (illegal under RBI Act)
- Duly stamped
Types – Secured & unsecured

Draft 25 – Deed of Usufructuary Mortgage

3
http://www.legalservicesindia.com/article/1063/Dissolution-of-partnership-firm.html#:~:text=Section
%2039%20of%20the%20Indian,partnership%20between%20all%20the%20partners.
Usufructuary mortgage is a type of mortgage where the mortgagor delivers the possession
and right to enjoy an income of and from the property to the mortgagee. If the mortgagor is
not in a position to give immediate possession, it is sufficient if he gives the right to
possession.  Section 58 (a) the Transfer of Property Act, 1882, deals with mortgages and
Clauses B to G define their various types, including usufructuary mortgage.
According to the Act, in a usufructuary mortgage, the borrower gives possession of the
mortgaged property to the lender, and authorises him to retain such possession until payment
of the mortgage money. The title deed of the property, on the other hand, remains in
possession of the borrower.
Under the law, such a mortgage must also be registered by payment of stamp duty. The stamp
duty charges vary from state to state, and are equal to the property registration charge.
The Supreme Court in 2014 ruled that the right of a usufructuary borrower to recover
possession of the property starts when mortgage money is paid out of rents and profits or
partly out of rents and profits and partly by payment or deposit, and not merely on the expiry
of 30 years – which is when a loan typically expires – from the date of mortgage.
While in case of any other mortgage, right to redeem is covered under Section 60 (of the
Transfer of Property Act), in case of usufructuary mortgage, right to recover possession is
dealt with under Section 62, and commences on payment of mortgage money out of the
usufructs or partly out of the usufructs and partly on payment or deposit by the mortgagor.
This distinction in a usufructuary mortgage and any other mortgage is clearly borne out from
provisions of Sections 58, 60 and 62 of the Act read with Article 61 of the Schedule to the
Limitation Act

Draft 25 – Deed of Mortgage by Conditional Sale

Clause c) of section 58 of the Act[iii] provides that
“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 a mortgage by conditional sale…”
There needs to be sale. An ostensible sale is necessary for such type of a mortgage. Second,
as also evidenced by the name itself, is the need for a condition accompanying the sale. The
ostensible sale shall get converted to an absolute sale if the mortgagor is unable to repay the
debt by the specified date.
Intention plays an enormous role in the determination of the nature of the transaction between
the ostensible buyer and seller of the property. Evidence:
- Outstanding debt or the lack thereof is an example of such evidence. If there exists
such a relationship between the parties where one is indebted to the other creates an
impression in favor of mortgage rather than the sale.
 - The price paid for the repurchase of the property also goes to indicate whether the
transaction is a mortgage or not. If the repurchase happens at the price of sale but with
interest or if the price is below the normal market value of the property, the
assumption of a mortgage will be favored over that of sale.
- If the possession of the property stays with the ostensible seller even after the sale
deed it can be taken to be a mortgage rather than sale.
- Also if the time for reconveyance of property is longer, the evidence favors mortgage.

Draft 26 – Will and Codicil to Will

- Part VI of Indian succession act - wills
- Sec. 2(h) - will - legal declaration of intention of testator with respect to prop which
he desires to be carried into effect after his death
- Sec. 2(b) - codicil - instrument made in relation to a will explaining/altering its
dispositions and is deemed to form part of the will when the alterations are minor
- If substantial changes are to be made in the will, it's desirable to execute a fresh will
and revoke earlier one
- If inconsistency between will and codicil - codicil prevails
Though the registration of a Will is not compulsory , it can be registered with the sub-
registrar. If a testator intends to make a few changes to the Will, without changing the entire
Will, he can do so by making a codicil to the Will. The codicil can be executed in a similar
way as the Will.

One must note that a Will or codicil is not unalterable or irrevocable. They can be altered or
revoked at any time. In case any objections are raised by any of the heirs, a citation has to be
served, calling upon them to consent. This has to be displayed prominently in the court.

If no objection is received, the probate will be granted. It is only after this that the Will comes
into effect.
Probate is a document issued under the seal and signature of a Court officer, certifying that a
particular Will was proved, with a copy of the will annexed.
The Supreme Court has recently held that petition for probate or letters of administration of
the Will of a testator must be filed within three years from the date of death of the testator.
No probate is necessary for Christian and Muslim Wills.

Draft 27 – Sale deed

A sale deed is a legal document used in property transactions as evidence for sale and transfer
of ownership of property in favour of the buyer. A Sale is an executed contract, while an
Agreement to Sell is an executory contract.
Governed by the Registration Act, 1908, sale deed is the most important document for while
selling or purchasing property in India.
Elements:
 - Parties
- Description of Property
- Sale consideration
- Advance Payment + Payment mode
- Passing of the title
- Indemnity provision
- Default clause
- Delivery + Possession
https://www.myadvo.in/blog/sale-deed-in-india/
Doc required:
 Draft of Sale Deed
 Power of Attorney, if any
 Building Plan sanctioned by the Statutory Authority
 Allotment Letter from the Builder/Co-Operative Society/Housing Board
 All title documents of the property owner
 A Copy of all registered previous agreements (in case of resale property)
 Latest tax paid receipts
 Latest electricity bill & receipt for the said property (in case of resale property)
 NOC from Apartment Association (in case of resale property)
Draft 28 – Draft Affidavit along with the civil suite/Criminal complaint.

Draft 28 - Execution petition to give the effect to a decree

Order 21 of the Code of Civil Procedure deals with the act of execution of the decrees.
Ultimately, after the judgment attains finality or where there is no stay in the execution by
any Appellate or Revisional Court, it is the Court of original jurisdiction which performs this
act of implementation of the execution.
The main classification of Order 21 is as under:-
(1) Applications for execution and the process to be applied.
(2) Stay of executions.
(3) Mode of executions.
(4) Sale of immovable property and movable property.
(5) Adjudication of the claims and objections.
(6) Resistance and delivery of possession
http://cja.gov.in/data/Executions.pdf
Different types of Decrees include
 - Preliminary Decree,
- Final Decree,
- Partly Preliminary and Partly final,
- Consent Decree,
- Ex-parte Decree,
- Decree passed in appeal,
- Decree on a compromise petition,
- and Conditional Decree - Decree with inbuilt conditions forming part of the Decree. 
Section 38 of CPC states that ‘the Decree may be executed either by the court which passed it
or by the court to which it is sent for execution. The words ‘Court which passed the Decree'
includes courts which passed the Decree (court of the first instance) and courts of the first
instance in appellate Decree. The executing court cannot question the validity of a Decree or
entertain an objection as to the legality or otherwise of the Decree. It must take the Decree as
it stands and executes it according to its terms. The executing court must abide by the
directions contained in the Decree.
A written application is to be filed in the court that originally passed the decree or the court to
which it has been transferred for execution. It shall contain all the essential information such
as suit number, name of parties, date of the decree, any appeal preferred or pending, amount
due, name of the person against whom execution is sought, and most importantly the mode in
which the assistance of the court is required. On filing the Application a lodging number is
given for raising of defects – Time limit three weeks from the filing of Application, defects
are raised by the registry.

Draft 29 - Interlocutory Application to obtain the Injunction under Order

XXXIX of C.P.C 1908
An interlocutory order is a temporary order passed pending hearing and final disposal of a
judicial proceeding.

Refer to PPT
Relevant Statutes: CPC, Arb Act, SRA
Essentials:
- Prima facie
- Grave and irreparable loss
- Balance of convenience

Draft 30 – Trademark Licensing Agreement

Trademark licensing is the process wherein a registered proprietor of a trademark authorises a
third party to use the mark in the course of trade without transferring the ownership of the
mark. 
The term "license" or "licensing" is nowhere to be found in the Trade Marks Act, 1999. The
concept and the laws governing licensing of trademarks are found in Sections 48-55 of the
Act. It can be said that the term "registered user" in the Act is synonymous with the term
"licensee". Under the 1999 Act, "permitted use" as defined in Section 2(1)(r) means the use
of a registered trademark by a third person as a registered user; as well as, use by a third
person by the mere consent of the registered proprietor. 
Registration of licensing agreement = not mandatory
Though the Act is silent on the issue of licensing of an unregistered trademark, such licensing
is deemed lawful under common law and is commonly referred to as common law licensing. 
Following doc necessary:
 The license agreement or a duly authenticated copy thereof.
 Document and correspondence, if any or a copy thereof.
 Supporting affidavit.
 Such other documents and evidence/information as the Registrar may call upon.
License Agreement should have:
 All particulars mentioned in supporting affidavit.
 The terms with respect to royalty and other remuneration.
 The means for bringing the permitted use to an end.
 Exclusivity
 ADR
 Warranty
 Right to remedy
The supporting affidavit should contain the following:
 The precise relationship between the registered proprietor and the proposed registered
user.
 Particulars showing the degree of control by the registered proprietor.
 Goods & services in respect of which registration is proposed.
 Conditions or restrictions imposed by the license.
 Period of permitted use of the mark.
Impo