4.1. SALE DEED
This Deed of Absolute Sale is executed at ______ on this the _____ day of _____,
Mr. X (mention the full date, address, occupation)
Hereinafter, the VENDOR of the one part which expression shall include his
executors, administrators, legal representatives, successors etc.
to and in favour of
Mrs. Y (mention the full date, address, occupation)
Hereinafter, called the PURCHASER which expression wherever the context so
requires shall mean and include his heirs, executors, administrators, legal
representatives, successors etc.
WHEREAS, the VENDOR herein have purchased the said property more fully
described in the Schedule hereunder from ________ in and by sale deed dated
________ and registered on ________ as Document No. ________of (year) of Book 1
volume No. ________Filed at pages________ to ________ on the file of the Sub-
Registrar of ________.
WHEREAS, the VENDOR herein has been in exclusive possession and enjoyment
of the property more fully described in the Schedule hereunder with a constructed
house thereon, it was constructed by him with his earned funds.
WHEREAS the VENDOR is the exclusive owner of the property more fully
described in the schedule hereunder and he has absolute right to dispose of the same
as in the manner he wishes.
AND WHEREAS the VENDOR is in need of funds in order to meet his personal
commitments and family expenses and has decided to sell the property more fully
described in the Schedule hereunder for a sum of Rs________/-
(Rupees________only) and the PURCHASER herein has also agreed to purchase the
same for the said price and to the effect they entered into an agreement to sell dated
NOW THIS DEED OF SALE WITNESSETH
THAT is in pursuance of the aforesaid agreement and in consideration of a sum of
Rs. ________ (Rupees________ only) received by the VENDOR in cash and the
receipt of the said entire consideration of Rs.________(Rupees
only), the VENDOR does hereby admit, acknowledge, acquit, release and discharge
the VENDOR from making further payment thereof and the VENDOR doth hereby
sell, convey, transfer, and assigns unto and to the use of the PURCHASER, the
property more fully described in the Schedule hereunder together with the water
ways, easements, advantages and appurtenances, and all estate, rights, title and
interest of the VENDOR to and upon the said property TO HAVE AND TO HOLD
the said property hereby conveyed unto the PURCHASER absolutely and forever.
THE VENDOR DOTH HEREBY COVENANT WITH THE PURCHASER AS
1. That the property more fully described in the Schedule hereunder shall be quietly
and peacefully entered into and held and enjoyed by the PURCHASER without any
interference, interruption, or disturbance from the VENDOR or any person claiming
through or under him.
2. That the VENDOR has absolute right, title and full power to sell, convey and
transfer unto the PURCHASER by way of absolute sale and that the VENDOR has
not done anything or knowingly suffered anything whereby his right and power to sell
and convey to the PURCHASER the property hereby conveyed.
3. That the property is not subjected to any encumbrances, mortgages, charges, lien,
attachments, claim, demand, acquisition proceedings by Government or any kind
whatsoever and should thereby and the VENDOR shall discharge the same from and
out of his own funds and keep the PURCHASER indemnified.
4. That the VENDOR hereby declares with the PURCHASER that the VENDOR
has paid all the taxes, rates and other outgoings due to Local bodies, revenue, urban
and other authorities in respect of the property more fully described in the Schedule
hereunder up to the date of execution of this sale deed and the PURCHASER shall
bear and pay the same hereafter. If any arrears are found due to the earlier period, the
same shall be discharged by the VENDOR
5. That the VENDOR has handed over the vacant possession of the property more
fully described in the Schedule hereunder to the PURCHASER on and
delivered the connected original title document in respect of the schedule mentioned
property hereby conveyed on the date of execution of these presents.
6. That the VENDOR will at all times and at the cost of the PURCHASER execute,
register or cause to be done, all such acts and deeds for perfecting the title to the
PURCHASER in the property hereby sold and conveyed herein.
7. That the VENDOR do hereby covenants and assures that the PURCHASER is
entitled to have mutation of his name in all public records, local body and also obtain
patta in the name of the PURCHASER and undertakes to execute any deed in this
SCHEDULE OF PROPERTY
The Market Value of the Property is Rs. ________
The witness where of VENDOR and the PURCHASER has set their signatures on
the day month and year first above written.
4.2. SIMPLE MORTGAGE DEED
Draft of Simple Mortgage Deed
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
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
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 repaid in full.
AND this deed further WITNESSETH that
In consideration aforesaid, the mortgagor doth hereby transfer 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 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.
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
The Schedule above referred to.
Signed and delivered by X the within named mortgagor
Signed and delivered by Y the within named mortgagee
4.3. DRAFT 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
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
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 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 wife, _____________________, absolutely
IN WITNESS WHEREOF I have hereunto set my hands on this ____ day of ____, at
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.
4.4. 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 terms and conditions contained in the aforesaid partnership deed with effect
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 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 partners.Such 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.
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
A. Shri ................................ ....... per cent of such amount
B. Shri ................................ ....... per cent of such amount
C. Shri ................................ ....... per cent of such amount
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 from time 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 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 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:
Name of the parties in the agreement has been mentioned in the serial No:-
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
12. That notwithstanding anything contained in the Indian Partnership Act it is
hereby mutually agreed to 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 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 therefore
and may set in such manner with regard thereto as may be agreed upon by and
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
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
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.
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 business of the firm and
need not take interest in day-to-day working and business of the partnership firm.
That 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
That 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
18. That 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.
19. That 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.
In the witness whereof the parties to this deed have set their hands on the day & Year
which has been mentioned first written and in the presence of;
Who shall be regarded as the witnesses;
4.5. TRUST DEED
DEED OF TRUST
This DEED OF DECLARATION OF TRUST executed at on this day of by
hereinafter called as AUTHOR OF THE TRUST which expression shall wherever the
context so permits mean and include its successors –in-office of the
ONE PART and;
WHEREAS the AUTHOR OF THE TRUST decided to create and establish a Trust
to make research in Alternative Medicine and Acupuncture for the welfare of the
community at large without discrimination of caste. creed etc with objects and
constitution as hereinafter set forth; WHEREAS the said objects in view, the
AUTHOR OF TRUST have decided to endow the said TRUST a nucleus of Rs.
(Rupees only) in cash; and WHEREAS it is necessary and desirable to declare and
constitute the said Trust and to record the objects and constitution of the said Trust.
NOW THIS DEED OF
DECLARTION OF TRUST WITNESSETH AS FOLLOWS;
1. TRUSTEES mean and include the Board of Trustees as described in these presents,
and these Trustees, as appointed, nominated or selected by the remaining members of
the Board of Trust whenever any vacancy arises.
2. CREATION OF THE TRUST: In pursuance of the intention, the AUTHOR OF
TRUST has settled the sum of Rs._____ by cash unto and in favour of the Trustees
herein to be held by them for and on behalf of the Trust her
2 .1. MOTTO OF THE TRUST: The Motto of the Trust is
2.2 OBJECTS OF THE TRUST: The objects of the Trust are.
3. BENEFIT OF THE TRUST: The Benefits of the Trust are open to all irrespective
of Caste, religion, race, sex etc. That the Trust will not carry on any activities with an
intention of earning profit.
6. THE PROPERTIES OF THE TRUST The properties of the Trust shall be.- (a) the
said sum of Rs. above referred to the receipt of which is hereby acknowledged by the
Trustees; (b) any properties movable or immovable, that may be acquired by the Trust
either by purchase or otherwise; (c) all additions and acceptations to the Trust fund;
(d) all voluntary donations both towards corpus or otherwise gifts, legacies or grants
in cash or in kind accepted by the trustees; (e) all grants and contributions made to the
Trust by the Government, Government bodies, Trust or Institutions, Trade Union or
Societies etc; and (f) all sums and assets which by and means become the property of
7. QUALIFICATION OF THE TRUSTEES: The qualification for the trustees shall
be a) One Trustee shall possess qualification in alternative medicine or acupuncture;
b) One may be Specialist in yoga therapy; c) Other trustees shall be social workers or
professionals in the field of medicine or accounts or law.
8. CESSATION OF TRUSTEESHIP: A Trustee mentioned below shall cease to be
the trustee of the Trust if:- 3 (a) he resigns; (b) he becomes insolvent; (c) He is
removed by the majority of the members of the, if it is found that the trustee(s)
activities are detrimental to the activities or administration or funds of the Trust
9. APPOINTMENT OF TRUSTEES: Any vacancy in the Board of Trustees shall be
filled up by the remaining members of the Trust selecting a suitable person.
10. ADMINISTRATION OF THE TRUST; The administration of the TRUST shall 4
the affairs of the Trust and to sign and verify vakalats, pleadings, affidavits and other
powers’ k) To delegate all or any of the powers vested in the Trustees to anybody’ to
frame rules, bylaws and other codes for the conduct of the affairs of the Trust and its
transactions and establishing any Committee; l) To accept contributions in cash or in
kind either by way of addition to the trust funds generally or for any one or more of
the specified objects of the Trust. m) To establish as many adhoc committees for any
12. MEETINGS OF THE TRUSTEES: a) The Managing Trustee shall preside over
all the meetings of the trustees and in his absence the Joint Managing Trustee shall
preside such meeting and in the absence of both, the trustees attended such meeting
may elect any one of them to preside over the meeting; b) The meetings of the
Trustees may be convened by the Managing Trustee or under his direction by any
other Trustees c) The quorum of the meeting of the Trustees shall be four personally
present. d) In the event of equality of votes, the person presiding such meeting shall
exercise casting vote (additional vote).
13. RESOLUTIONS: a) The Trustees may exercise all the powers vested in them in
clause 9 under these presents by resolution passed at a simple majority of the trustees
attended such meetings of the Board of Trustees. b) Any resolution in writing signed
by all Trustees holding office for the time being shall be valid and binding.
14. SUITS: The Managing Trustee of the Trust is authorized to sue or to be sued on
behalf of the Trust.
15. EXECUTION OF DOCUMENTS: All Deeds, Documents etc. shall be executed
by the Managing Trustee, Joint Managing Trustee and Deputy Managing Trustee
jointly representing the Trust.
16. ACCOUNTS AND AUDIT: a) The Trustees shall maintain true and correct
accounts of all Trust monies and of all the income and investments and all the
outgoing expenses. b) The year of account shall be the financial year commencing
from 1st APRIL and ending 31st March. 5 c) The Trustees shall each year issue a
report setting out the accounts showing the income and expenditure of the Trust for
the preceding year not later than six months from the end of the preceding year of
accounts. d) The accounts of the Trust shall be audited every year by a Chartered
Accountant who may be appointed for the purpose by the board of Trustees and the
audited statement of accounts together with Auditors’ report shall be laid before the
Board of Trustees for approval.
17. BANK ACCOUNT: The Managing Trustee along with the Deputy Managing
Trustee shall operate bank account(s) jointly.
18. POWER TO ALTER RULES AND REGULATIONS: The Board of Trustees
shall have full power and authority to make, alter and rescind rules and regulations for
the management and administration of the Trust. Any amendment to the Trust Deed
will be carried out only with the approval of the Commissioner of Income Tax.
19. APPLICATION OF INCOME AND TRUST FUND: The Board of Trustees shall
be empowered to invest the funds of the Trust in movable or immovable properties, in
such manner as they deem fit for the purpose of the objects of the trust provided that
such investments shall be in accordance with the provision of Section 13(I) read with
Section 11(5) of the Income Tax Act, 1961 as well as of any other law for the time
being in force as are applicable to charitable trusts.
20. REMUNERTION TO THE TRUSTEES: The Trustees are not entitled for any
remuneration. But they shall however be entitled to receive out of pocket expenses
incurred by them in the course of discharging the functions of the Trust. Further the
Income and funds of the Trust will be solely utilized towards the objects and no
portion of it will be utilized for payment of Trustees by way profits, interest, and
dividend or otherwise.
21. INDEMNITY: Every Trustee shall be indemnified out of the fund in respect of
any loss arising from or contingent upon any investment made out of the monies of
the Trust unless such loss shall have been occasioned by own negligence and also
every Trustee shall be indemnified out of the Trust against all proceedings, suits,
claims, costs, damages and expenses occasioned by any claim in connection with the
matters or affairs relating to the Trust created by these presents or in the exercise of
powers or discretion vested in them by virtue of these presents. 6
22. IRREVOCABILITY: The Trust is irrevocable.
23. ACTIVITIES OF THE TRUST: The activities of the Trust shall be only within
India and its Union territories and shall not be extended anywhere outside India.
24. DISSOLUTION: On dissolution of the Trust, the net assets of the Trust shall be
transferred to an association of persons or trust or society having similar objects of
25. PROCEEDING OF THE TRUST: Any defect in the constitution of the Trust shall
not invalidate its proceedings
26. RESIDUARY: For matters not provided for in these presents, the provisions of
the Indian Trust Act and the Income Tax Act,1961 and rules made there under will
IN WITNESS WHEREOF THE AUTHOIR OF THE TRUST HAS SET HIS HAND
AND SIGNATURE ON THE DAY, MONTH AND YEAR FIRST ABOVE
WRITTEN IN THE PRESENCE OF WITNESSES: - AUTHOR OF THE TRUST
4.6. LEASE DEED
Lease deed requires an agreement which has to be between two or more parties, who
are called Lessor and Lessee. Through this agreement the lessor allows the lessee to
use the property of land for specific period of time which shall be mentioned in the
terms of the contract. We have to understand that this agreement shall allow the
owner to have a complete ownership over the property. There is a transfer of the right
to enjoy the concerned property.
Contents which are required in the contract are:-
1. Names of the lessor and lessee or their agents
2. Description of the property
3. Amount of rent and due dates, grace period, and late charges
4. Mode of rent payment
5. Methods to terminate the agreement prior to the expiration date and charges if
6. Amount of security deposit and the account where it is held
7. Utilities furnished by the lesser and, if the lesser charges for such utilities, how
the charge will be determined
8. Amenities and facilities on the premises which the lessee is entitled to use
such as swimming pool, laundry or security systems
9. Rules and regulations such as pet rules, noise rules and penalty for violation
10. Identification of parking available, including designated parking spaces, if
11. How tenant repair requests are handled and procedures for emergency requests
Residential Property Lease Deed Draft
This Lease Deed is made on this —————————————————–, but
shall be effective from ————————————————————- for the
purposes of payment of rent.
Mr/Mrs—————through Authorized Signatory——————————,
hereinafter referred to as the LESSOR (which expression shall unless excluded by or
repugnant to the context include its holding/subsidiary companies as also its
successors and assigns) of the First Part.
Mr/Mrs———————-, through Authorized Signatory———————,
hereinafter called the LESSEE) which expression unless repugnant to the context
herein includes its holding/subsidiary, associate companies, group companies as also
its successors and assigns) of the SECOND PART.
WHEREAS THE LESSOR is absolutely seized and possessed of or otherwise well &
sufficiently owner of the residential House No.—————————- consisting of
—————————————————————————— and fittings &
fixtures as per detail in Annexure 1 (hereinafter referred to as the DEMISED
AND WHEREAS, the LESSE has approached the LESSOR for taking on lease the
demised premises for a term of 2 years in respect of the said demised premises at
House No—————————————————————— for residential
purposes of the LESSEE and for the executives of its Associates, affiliates, Group
Companies, subject to the terms and conditions of this Lease Deed.
The LESSOR and the LESSE have agreed to record the terms and conditions of this
Lease Deed as stated hereinafter.
NOW THIS LEASE DEED WITNESSETH AS UNDER:
1. The monthly rent for the said premises shall be Rs———————– and such rent
shall be payable in advance on or before the 1st day of each calendar month (due
date). Failure to make the payment of lease rentals within 15 days from the said due to
date shall render the LESSEE liable to pay interest @ 20% p.a. for the delayed period.
However, the delay in the payment of the Lease Rental beyond two months shall
attract the provision of clause 4 hereof. Income Tax shall be deducted at source as per
the prevailing Income Tax Laws and amendments made thereto from time to time.
The monthly Lease rental shall be exclusive of all Electricity, Water and Maintenance
Charges, which shall be paid directly by the LESSEE to the concerned authorities at
actual, including any increase in the costs hereof which may come into effect with
time. The Lease rentals shall be paid by way of cheques/pay order and drawn in favor
of the LESSOR at Dsipur.
2. After the expiry of the lease agreement, the Lessee shall vacate the demised
property. However, Lessor may enter into fresh agreement with the Lessee for a
mutually agreed term at the prevalent market rates. In the event THE LESSOR
decides to renew the lease, fresh Lease Deed shall be made out and registered by
parties hereto. In case, the Lease is not renewed as contemplated herein, LESSEE
shall handover the vacant, peaceful and physical possession of the DEMANDED
PREMISES to the LESSOR and the LESSOR shall refund the security deposit to the
LESSEE forthwith. In case, the Lease is not renewed and the LESSEE does not
handover the vacant physical possession of the DEMISED PREMISES to the
LESSOR, lease rent——————————————————————————
—————–per day will be charged by the LESSOR from the LESSEE for the
period of default.
3. LESSEE had paid an amount equivalent to (Six) months Lease rentals of Rs.——
——————- vide Cheque No.————– dated———— as refundable security
deposit free of interest to the LESSOR which money is still with the LESSOR and
shall be retained by him pursuant to the extension of the present lease deed. The
LESSOR shall refund the security deposit to the LESSEE forthwith on the expiry of
the term of this assignment or extended agreement or earlier vacation/ termination of
this lease and physical possession of the DEMISED PREMISES in original shape and
condition subject to normal wear and tear. It is clearly understood that the security
deposit is being paid to ensure compliance with the terms & conditions contained
herein on the part of the LESSEE. If the LESSOR fails to refund the Security Deposit
at such time then the LESSE shall be entitled to interest at the rate of 18% from the
date of such failure till its actual realization and the LESSEE shall continue with the
possession of the premises without payment of rent till the amount of such security
deposit is repaid by the LESSOR.
4. That in the event the LESSE defaults in the payment of monthly Lease rentals for a
continuous period of one Months (1 month) due to any reasons whatsoever it shall
constitute the breach of this Lease Deed and, the LESSOR shall give a Registered
A.D. Notice/ Letter to the LESSEE. The LESSEE shall make necessary payments,
within 30 (Thirty) days of the receipt of said Registered A.D. Notice/ Letter along
with interest at the rate of 20% p.a. on the delayed period in terms of Clause (2)
hereof. But in case the LESSEE does not make the payment within the stipulated
time, the LESSOR shall have the absolute right to terminate the Lease and re-enter the
premises without any further notice. It is further agreed that on account of non-
payment of the rent as mentioned above, the LESSEE will not only cease to have any
rights in the DEMISED PREMISES but will also become a trespasser and the
LESSOR shall be entitled to proceed against the LESSEE and evict then the
DEMISED PREMISES as a trespasser.
5. The LESSEE shall use the DEMISED PREMISES for residential use only and in
no case its business shall be conducted from the DEMISED PRMISES. The LESSEE
shall use the DEMISED PREMISES as per the relevant laws. The LESSEE shall not
do or suffer to be done in the DEMISED PREMISES anything, which may be or
become a nuisance, annoyance or cause damage or inconvenience to the other
occupants/owners of Golf Links, New Delhi. In case of any beach on the part of the
LESSEE the entire risk and responsibility including any legal proceedings of the
consequences of the same shall be entirely of the LESSEE to the exclusion of the
6. That the LESSEE shall not sublet, assign or otherwise part with the possession of
the DEMISED PREMISES on any account whatsoever.
7. The LESSOR shall have the right to carry out interiors and furnishing without
making any structural alterations, however, but with the prior approval of the
LESSOR. At the expiration or earlier termination of the Lease Agreement, the
LESSEE shall have the right to take back any and all furnishings they have installed.
The LESSEE shall obtain all statutory/requisite permissions as may be applicable for
installations and operation of all its equipment installed in the DEMISED
8. The LESSEE shall be entitled to obtain at its cost (if so required) sanction for
additional load of electricity/ power provided however it shall ensure that the existing
electrical installations are not damaged or affected.
9. That the LESSEE shall permit LESSOR or its duly authorized representative upon
reasonable prior notice in writing to enter the DEMISED PREMISES at reasonable
hours, for the purpose of inspection and/or carrying out any required structural repair
works whenever it is necessary at a mutually agreed time. It is agreed and
acknowledged by the LESSOR that such repairs will be performed in such a manned
so as not to cause any inconvenience or disturbance to the LESSEE.
10. The LESSEE shall pay all charges for the Electricity and Water on the basis of
Meters installed in the DEMISED PREMISES from the effective date of start of
Lease as and when the LESSEE received bills/invoices from the concerned authority.
Such bills when received by the LESSEE shall be deposited within the due date to the
concerned authorities. Any damage done to the meters/ or meter getting burnt due to
extra load/misuse by the LESSEE, shall be the sole responsibility of the LESSEE and
the LESSEE hereby undertakes to get the same changed/rectified at its own cost and
efforts. The LESSOR shall pay all previous electricity & meter charges up to the
effective date of start of Lease.
11. That the LESSEE shall maintain the DEMISED PREMISES, in good condition
and that on expiry of this Lease Deed, as the case may be, the LESSEE shall remove,
forthwith all that belongs to the LESSEE and the fixtures/fittings installed their in the
same conditions as the same were at the commencement of this LEASE Deed subject
to normal wear and tear.
12. That the LESSEE shall be entitled to peaceful and uninterrupted use of the
DEMISED PREMISES during the terms of Lease period, free from any interference,
interruption or objection whatsoever claiming through and on behalf of the LESSOR.
The LESSOR shall indemnify to the LESSEE in case it is found that the said demised
premises is not free from all encumbrances, restrictive orders, injunctive and Les
Pendence proceedings and against all and any costs, expenses, charges, out going
damages and risk at all times arising from any suit, eviction, action, claim or demand
whatsoever in relation to the titles of the property, to the extent of losses suffered by
the LESSOR and against all covenants, representations and warranties made and
agreed by the LESSOR. The LESSOR hereby assures the LESSEE that it will extend
its utmost co-operation occupation in the DEMISED PREMISES during the Lease
period subject to the terms and conditions as contained herein.
13. That all the applicable taxes or levies including Property Tax or any other charges
on the property (except for Service Tax on Lease Rentals) payable to Government or
municipal authority shall be responsibility of the LESSOR and shall be regularly paid
by he LESSOR so as not to cause any interference or disturbance in the possession or
enjoyment of the DEMISED PREMISES by the LESSEE.
14. That the LESSEE shall be entitled to install and use of telephones and other
equipment in the DEMISED PREMISES as may be convenient to the LESSEE, but
the LESSEE alone shall be responsible for all charges thereof. The LESSOR shall
assist and co-operate with the LESSEE in obtaining telephone connections if required.
15. All day to day repairs, such as fuses, leakage of taps, replacement of glass panes
and such other minor repairs shall be made by the LESSEE at its own cost. However,
all major and structural repairs such as seepages on walls, cracks in the structure,
replacement of hidden sanitary pipes shall be undertaken by LESSORS at its own cost
and expenses, PROVIDED the same are not caused by the LESSEES commissions/
omissions and misuse. Such major and structural repairs shall be carried out by the
LESSOR within 15 days of receiving a notice in writing for the same form the
LESSEE. However, in case the LESSOR fails to remedy the said repairs within the
stipulated time, then the LESSEE shall be entitled to remedy the said repairs and
recover the amount spent form the rent payable to the LESSEE.
16. That if any time during the Lease Period, DEMISED PREMISES are destroyed or
damaged or any other means so as to become unfit for use, occupation and habitation
then the rent hereby reserved or a fair and just proportion thereof according to he
nature and extent of the damage sustained shall be suspended and cease to be payable
until the DEMISED PREMISES shall have been again rendered fit for use,
occupation and habitation PROVIDED that this agreement shall be without prejudice
to all other rights and remedies to which the LESSEE is or may be entitled by statute
or otherwise including the right to terminate this Lease which the LESSEE hereby
expressly reserves. However in case the DEMISED PREMISES remains unfit for use,
occupation and habitation for a period exceeding 12 weeks then it would be open to
the Lessee to terminate this agreement without notice.
17. That the present lease may be terminated by the LESSEE at any time upon serving
a notice of three months but subject at all times to the obligation of the LESSEE to
pay monthly rent for a minimum period of 12 months (lock-in-period) from the date
of execution of this lease including the notice period on the terms and conditions as
contained herein. In the event of the LESSEE opting for vacating the DEMISED
PREMISES at any time prior to expiry of 12 months from the date of commencement
of this Lease, rentals for the balance un-expired stipulated Lock-in-period of 12
months from the date of commencement of this lease shall be payable by the LESSEE
to the LESSOR. In such a situation, if the LESSEE demanded refund of Interest Free
Security Deposit, the Lessor shall be entitled to deduct outstanding Lease rentals from
the Interest Free Security Deposit for the balance/ unexpired Lock-in-period.
18. That any notice required to be served upon the LESSEE shall be sufficiently
served and given if delivered to it at the address first given above, or such other
address as may by communicated later on for the purpose. That any notice required to
be served upon the LESSOR shall be sufficiently served and given if delivered to it at
the address first given above, or such other address as any be communicated later on
for the purpose.
19. The LESSOR and the LESSEE represent that they are fully authorized
empowered and competent to execute this LEASE DEED and the LESSOR shall hold
the LESSEE free and harmless of any demands, claims, actions or proceedings by
other in respect of peaceful possession of the premises.
20. The Lease Deed shall be made and executed in original on stamp paper and the
same shall be registered as required by law. The expenses and costs including the
stamp duty shall be borne by the LESSEE. The LESSOR and LESSEE have agreed
that original lease deed will remain with the LESSEE and a true certified copy will be
21. That any dispute arising between the LESSOR and LESSEE with regards to the
terms and conditions hereof or their interpretation shall have the jurisdiction of the
courts of——————-Only, if the same remain unresolved in the Arbitration
proceedings to be conducted in accordance with the provisions of Arbitration
proceedings to be conducted in accordance with the provisions of Arbitration and
Conciliation Act, 1996 and any amendments made thereto.
22. No modifications or amendments to the terms and conditions of this Lease Deed
shall be valid or binding unless made in writing and duly executed by both Parties.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THE
PRESENT LEASE DEED, THE DATE, MONTH AND YEAR OF WHICH IS
4.7. LEAVE AND LICENSE DEED
A leave and license agreement allows the licensee to temporarily use and occupy
licensor's immovable property, with the licensor’s authority, full or in portion,
carrying out business activity or residential use. The licensor just allows the licensee
to reside in the premises without granting any stake or interest in the property. The
leave and license is usually granted for a period of 11 months.
Draft of Leave and License Agreement
This Agreement is made at ...... this ...... day of ……......., 20___, between Mr. A
hereinafter referred to as 'the Licensor' of the One Part and Mr. B of ……………
hereinafter referred to as the 'Licensee' of the Other Part, as follows;
Whereas the Licensor is the owner of a piece of land at
………………………………... bearing Survey No ... with a building consisting of
…………. floor...... having built up area of about ..... square feet.
And Whereas the Licensee has approached the licensor with a request to allow the
Licensee to temporarily occupy and use a portion of the ...... floor of the said building,
admeasuring about ...... square feet for carrying on his ...... business, on leave and
license basis until the Licensee gets other more suitable accommodation.
And Whereas the Licensor has agreed to grant leave and license to the Licensee to
occupy and use the said ground floor portion of the said building and which portion is
shown on the plan hereto annexed by red boundary line on the following terms and
conditions agreed to between the parties hereto;
Now it is agreed by and between the parties hereto as follows:
1. The Licensor hereby grants leave and license to the Licensee to occupy and use
the said portion of the ground floor/....... floor of the said building of the Licensor
(hereinafter referred to as the Licensed Premises) for a period of eleven months from
...... The Licensee agrees to vacate the said premises even earlier If the Licensee
secures any other accommodation in the locality where the said premises are situated.
2. The Licensee shall pay to the Licensor a sum of Rs………..... per month
(calculated at the rate of Rs………..... per square foot) as License fee or
compensation to be paid in advance for each month on or before the ...... day of each
3. All the Municipal taxes and other taxes and levies in respect of the licensed
premises will be paid by the Licensor alone.
4. The electric charges and water charges for electric and water consumption in the
said licensed premises will be paid by the Licensee to the authorities concerned and
the Licensor will not be responsible for the same. For the sake of convenience a
separate electric and water meter if possible will be provided in the said premises.
5. The Licensee will be allowed to use the open space near the entrance to the
Licensed premises and shown on the said plan by green wash for parking cars during
working hours of the Licensee and not for any other time and no car or other vehicle
will be parked on any other part of the said plot.
6. The licensed premises will be used only for carrying on business and for no other
7. The licensed premises have normal electricity fittings and fixtures. If the
Licensee desires to have any additional fittings and fixtures, the Licensee may do so
at his cost and in compliance with the rules. The Licensee shall remove such fittings
and fixtures on the termination of the license failing which they shall be deemed to be
the property of the Licensor.
8. The licensed premises are given to the Licensee on personal basis and the
Licensee will not be entitled to transfer the benefit of this agreement to anybody else
or will not be entitled to allow anybody else to occupy the premises or any part
thereof. Nothing in this agreement shall be deemed to grant a lease and the licensee
agrees and undertakes that no such contention shall be taken up by the Licensee at any
9. The Licensee shall not be deemed to be in the exclusive occupation of the
licensed premises and the Licensor will have the right to enter upon the premises at
any time during working hours to inspect the premises.
10. The Licensee shall maintain the licensed premises in good condition and will not
cause any damage thereto. If any damage is caused to the premises or any part thereof
by the Licensee or his employees, servants or agents the same will be made good by
the Licensee at the cost of the Licensee either by rectifying the damage or by paying
cash compensation as may be determined by the Licensor's Architect.
11. The Licensee shall not carry out any work of structural repairs or additions or
alterations to the said premises. Only such alterations or additions as are not of
structural type or of permanent nature may be allowed to be made by the Licensee
inside the premises with the previous permission of the Licensor.
12. The Licensee shall not cause any nuisance or annoyance to the people-in the
neighbourhood or store any hazardous goods on the premises.
13. If the Licensee commits a breach of any term of this agreement then
notwithstanding anything herein contained the Licensor will be entitled to terminate
this agreement by fifteen days' prior notice to the Licensee.
14. On the expiration of the said term or period of the License or earlier termination
thereof, the Licensee shall hand over vacant and peaceful possession of the Licensed
premises to the Licensor In the same condition In which the premises now exist
subject to normal wear and tear. The Licensee's occupation of the premises after such
termination will be deemed to be that of a trespasser.
IN WITNESS WHEREOF the parties hereto have put their hands the day and year
first hereinabove written.
Signed by the within named Licensor Shri ................in the presence of ............
Signed by the within named Licensee Shri.......in the presence of .........
4.8. GIFT DEED
A gift deed is a deed in which transfer of property takes place but the consideration is
not monetary but rather love or affection. For a gift deed to become enforceable, it
needs to be a signed by the party and verified by the necessary authority in the given
jurisdiction where the agreement was made.
This deed of Gift is executed on ________ day of ______________ month of
and aged__________years, residing at__________________________hereinafter
called the DONOR.
In favour of Sri./Smt.__________________ S/o./W/o.______________,
occupation____________________, aged __________ years, residing
at_____________________herein referred to as the DONEE.
1. Whereas, the term Donor and Donee unless repugnant to the context shall
mean and include 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 morefully
described in the schedule hereunder written and herein after called the
2. Whereas, the Donor is the absolute owner, having acquired the property, by
____________________and since then 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
3. 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.
4. 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 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 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 _______________
On the East:
On the West:
On the South:
On the North:
Market value of the property gifted under this deed is Rs._____________
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) has put their respective hands the day and year first herein above written.
4.9. PROMISSORY NOTE
Simple Promissory Note
__________________ ___________________________ _______________
City State Date
(Borrower) agrees and promises to pay to
(Lendor) the sum of ($ ) Dollars for value received, with interest at
the annual rate of % payable after (Date) .
If this note is in default and is placed for collection, (Borrower) shall pay
all reasonable costs of collection and attorneys' fees.