Unit 1 of Drafting, Pleading and Conveyancing – II (syllabus: Module I — sale deed; simple, English, conditional-sale and usufructuary mortgages; lease deed and leave and licence agreement; exchange, gift and trust deeds; registration under ss. 17 and 18 of the Registration Act 1908; partnership deed). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What are the ten components of every deed, and which of them changes from one deed to another?
- What is the difference between an agreement for sale and a sale deed, and what must a sale deed contain?
- How do the four mortgages differ, and which clause makes a deed one kind rather than another?
- How does a lease differ from a leave and licence agreement, and how is each drafted so the substance matches the label?
- What must a gift deed contain, and how does an exchange differ from a sale and a gift?
- How is a private trust deed drafted, and what makes a trust fail?
- Which documents must be registered, which may be, and what happens if registration or stamping is omitted?
- What must a partnership deed provide for, and what follows if the firm is not registered?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Transfer of Property Act 1882, s. s. 3 (attestation), read with the Indian Stamp Act 1899, s. 2(14)
- Transfer of Property Act 1882, s. ss. 54, 55 and 55(1)(d), read with Registration Act 1908, ss. 17(1)(b) and 17(1A)
- Transfer of Property Act 1882, s. ss. 58(a)-(e), 59 and 60
- Transfer of Property Act 1882, s. ss. 105, 106, 107, 108 and 111, read with Indian Easements Act 1882, ss. 52 and 56
- Transfer of Property Act 1882, s. ss. 118-121 and 122-127, read with Registration Act 1908, ss. 17(1)(a) and 17(1)(b)
- Indian Trusts Act 1882, s. ss. 3, 4, 5, 7-10, 77 and 78
- Registration Act 1908, s. ss. 17, 17(1A), 18, 23, 32 and 49, read with Indian Stamp Act 1899, ss. 17, 33, 35 and 62
- Indian Partnership Act 1932, s. ss. 4, 6, 7-8, 13, 18-19(2), 30, 31-34, 42, 58-59 and 69
Leading cases
- Jamila Begum v Shami Mohd