a) Clause” which refers to the introductory recital agreement

a)   
Deed Title:
The deed should contain correct title such as ‘This Deed of Sale’.

 

b)  
Date and Place: Date
in the context of deed is the date on which deed has been executed. Date should
be written in words and in figures. The place is the territorial and legal
jurisdiction.

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c)   
Description of Parties:
Full description of the parties is to be given for identification.  While describing the parties the transferor
should be mentioned first and then the transferee. Description must be given in
the following order :-

Name comes first, then surname and thereafter address
followed by other description such as s/o, w/o, d/o.

d)  
Recitals: Recitals
contain the short story of the property up to its vesting into its transferors.
Recitals generally begin with the words “WHERE AS”.

 

e)   
Testatum:  This is the “witnessing Clause” which refers to the introductory
recital agreement and also states the consideration. Witnessing clause usually
begins with the words “NOW THIS DEED WITNESSES”.

 

f)    
Consideration and Receipt: Consideration is the amount which the transferee gives to
the transferor in exchange of the property that he is receiving from the
transferor. Receipt is the acknowledgement of the consideration amount by the
transferor.

 

g)  
Description of the Property: As per the registration law the property has to be
described in details. For example: east, west, north, south etc of the
property; area, location, permitted use, survey no. etc.

 

h)  
Parcels Clause: Unless
a different intention is expressed or necessarily implied, a transfer of
property passes forthwith to the transferee all the interest which the
transferor is then capable of passing in the property.  The Clause starts with the words “All Those”

 

i)    
Habendum: Habendum
is a part of deed which states the interest, the purchaser is to take in the
property. This Clause starts with the words        “TO
HAVE AND TO HOLD”.

 

j)    
Signature and Attestation Clause: Signature of all of parties to the deed should be
attested and witnessed by two parties.

 

k)   
Annexure or Schedule: Site
plan or map plan showing exact location of property like survey no. , gali no.
sector etc. comes under the Schedule.