Updated: Thursday January 14, 2010/AlKhamis Muharram 29, 1431/Bruhaspathivara Pausa 24, 1931, at 07:11:51 PM

Course Contents:

1.      Drafting by I. C. Desouza (Omitting Chapters I and II, Part II – Major Petitions to Courts).

2.      Dastaweznavisi by Penna Lal in Urdu (latest edition). Only the following 75 forms are prescribed:

 

 

1.      Receipts No. 1

2.      Bonds No. 1-2-6-9

3.      Agreement 1-5-6-10

4.      Mukhtarnama 1-2-3

5.      Bainama 1-4-20-23

6.      Rahn Nama 1-2-3-5-6-7-9-13

7.      Exchange 1-2-3

8.      Hiba Nama 1-2-3

9.      Talak Nama 1-2-3-4

10.  Will 1-2-4-5

11.  Partnership Deed 1-3

12.  Dedication 1-2-8

13.  Settlement 1-2

14.  Bonds 3

15.  Adoption 1-4

16.  Marriage 1-2-3

17.  Arbitration 1-2-3

18.  Notice 1-3-5-8-12-13

19.  Musawada 1-2-3-4

20.  Promissory Note 1-2-3-4

21.  Patta 1-6(b)

 

Book Recommended:

1.      The Art of Pleading and Conveyancing by Nasim Sabir Chaudhary.

Conveyancing: Conveyancing means drafting of an instrument whereby intention is expressed to transfer some right or property.

How to make a draft: Drafting of an instrument may seem to be a simple and easy at first. It presents difficulty when it put in black-n-white. Layman and inexperience in job commits mistake by using defective languages, which does not express fully the intention of the executant. Such a scribe (record clerk) may use such language, which is capable of being understood in more than one sense. A scribe well versed in drafting would use balance and perfect language. He shall express the executant intent in unambiguous language and couched (lower) in formal style, he must be also aware of at-least element relating to subject matter of the instrument so that the instrument perfectly valid in the eyes of law.

What is deed: A deed is a written document signed and attested if necessary, and delivered such an instrument purports to perform a solemn act and is an authentic record of transaction. Statement made therein may create estoppel and may also mount (place) to admission.

In other countries United Kingdom, the technical word for the deed is indenture. However in Pakistan, the word deed and indenture are not found in the statute and the word instrument or documents have been used instead.

Commencement and date of rent agreement:

RENT AGREEMENT

AN AGREEMENT for lease to let the house entered into on January 01, 2001, between Muhammad Ai S/o. Nazir Ali, Caste Malik, resident of House No. 5 – Shadman Colony, Lahore (hereinafter called “Landlord”) of the one part and Rana Nadir Pervaiz S/o. Ghulam Muhammad, caste Arayin, resident of House No. 16, Street No. 56, Johar Town, Lahore (hereinafter called “Tenant”) of the other/second part.

Recital:

WHEREAS the above named Landlord is owner in possession of the property bearing No. 6 – Shadman Colony, Lahore, with all appurtenances and accessories.

AND WHEREAS the Tenant above named has agreed to take on rent and the Landlord has agreed to rent out the above said premises to the Tenant.

Now the parties have mutually agreed on the following terms and conditions:

1.      This Rent Agreement is valid for a period of one-year (twelve months) commencing from the date of taking possession of Tenant.

2.      The monthly rental amount of the rented premises is mutually fixed as Rs. 5,000/-.

3.      The Landlord shall give a peaceful possession of the property in question to the Tenant and the Landlord covenants that the property in questions is free/immune from any sort of encumbrances and embargoes and all the taxes have been paid by the Landlord to the concerned agencies.

4.      The Tenant shall not sublet the premises in any case to any one without the prior written consents of the Landlord and undertakes to pay the monthly electricity charges, gas charges, water charges, and telephone bills, the possession of which has also been delivered to the Tenant. The telephone numbers are 7310274 and 0303-6404314

5.      The Landlord does hereby undertake to white wash and make necessary repairs, unavoidable in nature, periodically or at regular intervals at his own expenses.

6.      The Tenant shall not make/enter any major change or alterations in the structure of the building in general without the prior written consents of the Landlord.

7.      The Landlord shall have the right to get the premises in question vacated with three months’ notice in writing to the Tenant.

8.      The parties hereto shall be bound by the provisions of the Rent Restrictions Ordinance, 1961.

Testimonium Clause:

IN WITNESS whereof the parties have hereto at Lahore signed the day and year first above written.

AGREEMENT TO SELL

AGREEMENT TO SELL made today the 1st day of the December 2001, entered into BETWEEN (ÅÎIB¿) Muhammad Arshad S/o. Muhammad Akhtar, Caste Kashmiri, resident of 5 – Gulberg, Lahore (hereinafter called the “Vendor”) of the one/first part and Muhammad Ashiq S/o. Muhammad Razzaque, Caste Arayin, resident of 7 – Model Town, Lahore (hereinafter called the “Vendee”) on the other/second part.

WHEREAS the Vendor above named is the exclusive owner in possession of the property bearing no. 10 – Shadman Colony, Lahore, a Pukka Built residential house, consisting of/comprising 4 bed rooms, TV lounge, drawing and dining rooms with kitchen and with a lawn/patio the detail of which is fully described in the hereunder:

1.      East           ……………………

2.      North        ……………………

3.      West          ……………………

4.      South        ……………………

AND WHEREAS the Vendor has agreed to sell the said property to the Vendee above named and the Vendee has agreed to purchase the same from the Vendor on the terms and conditions hereinafter described.

NOW the parties above named covenant as under:

1.      The total consideration of the demised property (bargain or ½ae ½À§)/value of property in question is mutually fixed at Rs. 2,000,000/- (Rupees two million only) out of which a sum of Rs. 100,000/- (Rupees one hundred thousand only) has been received by the Vendor as earnest (îÃB¨ÎI) money, the receipt of which the Vendor does hereby acknowledge.

2.      The Vendor is exclusive owner in possession of the property detailed above and the same is free from any kind of encumbrance/embargo in the form of mortgage or any other security and all the taxes have been regularly paid to the concerned authorities in full and final settlement with claims or demand.

3.      The Vendor does hereby promise to the Vendee to deliver the vacant possession of the house in question with all appurtenances (equipment, belongings) and fixtures etc. at the time of the execution of a valid and legal sale deed before the Sub-Registrar, Lahore.

4.      The Vendor and the Vendee do hereby mutually agree that the Vendee shall be liable to make the payment of the balance amount amounting to Rs. 1,900,000/- (Rupees one million nine hundred thousand only) to the Vendor before the Sub-Registrar, Lahore, on January 01, 2002, at the time of the completion of a duly registered sale deed of the property in question and the Vendor does hereby agree and declare to hand over the vacant possession of the aforementioned property to the Vendee.

5.      In case of failure of the Vendee to make the balance price of the property to the Vendor at the target date, i.e., January 01, 2002, the Vendor shall be within his rights to confiscate (take away, seize, ¡Jy) the earnest money amounting to Rs. 100,000/- (Rupees one hundred thousand only) already received by him and in case the Vendor does hereby fails to perform his part of the agreement by refusing to execute a registered sale deed in favour of the Vendee, the Vendee shall have the legal remedy to get a sale deed registered in his favour by filing a suit for specific performance against the Vendor and may also recover the damages, if any, sustained by the Vendee at the expense of the Vendor.

6.      The provisions of the Transfer of Property Act bind the parties.

7.      The terms “Vendor” and the “Vendee” include their heirs and successors etc. successively for the purpose of this agreement.

IN WITNESS whereof the Vendor and the Vendee have set their hand to their agreement signed to this deed on the day and year first above written.

AGREEMENT OF SALE

THIS DEED OF SALE is made today the 1st day of January 2002 between Rana Wajahat Ali S/o. Kashif Mahmood, Caste Jutt, resident of House No. 412, Street No. 14, Farooq-Abad, Sheikhupura (hereinafter called the “Vendor”) on the first part and Ghulam Raza Rabbani S/o. Ghulam Abbas, Caste Araiyn, resident of Chak No. 12/R. B., Rasoolpura, Narowal, Sialkot (hereinafter called the “Vendee”) on the second part.

WHEREAS the Vendor is owner in possession of agricultural land measuring into 12 acres bearing Khasra No. 552/565, Khatooni No. 751, Kheevat No. 5, and Jamabandi for the year 1996 to 2000, situated into Revenue Estate of Village Sultanpura, Tehsil & District Lahore.

AND WHEREAS the Vendee above named has agreed to purchase the said parcel of land from the vendor above named on the following terms and conditions:

1.      The total consideration amount of the land in question amounting to Rs. 2,000,000/- (Rupees two million only) has been received by the Vendor from the Vendee in lump-sump.

2.      The Vendor does hereby assert that the aforesaid area of land does exclusively belong to him and the property in question is free from any kind of encumbrance and embargo.

3.      The Vendee has the right to take or adopt any legal remedy or action at law against the Vendor in case of any legal or otherwise by defect of any nature at any time against the Vendor.

4.      The Vendor shall be liable for any defect or loss sustained by the Vendee, if any, in the said bargain.

5.      The parties are liable to abide by to provisions of Transfer of Property Act.

NOW the Vendor does hereby transfer the said parcel of land to the Vendee to hold the same as his property as a lawful owner of said property through his heirs and successors.

IN WITNESS whereof said names this deed of sale is signed on the day, month, and year mentioned above.

NOTICE

Under instruction of my client Ashiq Ali S/o. Muhammad Razzaque, Caste Araiyn, resident of House No. 5, Shadman Colony, Lahore, I do hereby serve upon you the following notice:

That my client above named entered into an agreement for sale of a House no. 5, Shadman Colony, Lahore, covering an area of one Kanal with Pukka Built structure upon it on December 01, 2001, in consideration of Rs. 2,000,000/- (Rupees two million only) as the total value of the property in question out of which a sum of Rs. 100,000/ (Rupees one hundred thousand only) was received by you as the earnest money from my above named client and it was mutually agreed between the parties that you shall execute a duly registered sale deed of the demised property within a period of one month ending on February 01, 2002 and that whereas my above named client was prepared to perform his part of the agreement but you intentionally failed to enter your appearance before the Sub-Registrar on the said date.

Now, therefore, it is to give you the final notice to execute a duly registered sale deed in favour of my above named client with the payment of Rs. 1,900,000/- (Rupees one million nine hundred thousand only) as such payable by my above named client in lieu of the sale bargain within a period of seven days after the receipt of this notice failing which my above named client shall be constrained to adopt the appropriate remedy at law and also to recover from you as damages suffered by my above named client.

A copy of this notice has been kept into my office for record.

Advocate’s signature

Matters of power of attorneys are governed by Power of Attorney Act, 1868. Power of attorney authorizes any person to do or perform all or any of acts on behalf of the person so authorizing.  It is granting for any matter either personal or judicial.

Power of attorney extinguishes either by revocation (î¿BÃ ¾BñIA) or death of the person who grants such power. As the maker of this document dies, such power also dies. There are two types of powers, i.e., general and special power of attorneys. Person so granted power is bound to exercise his power within the limitations prescribed. He has to act in good faith. He has to avoid act in bad faith. Mala-fide act can be declared null and void in rebuttal. Civil action never dies whereas criminal action dies as accused dies.

SPECIAL POWER OF ATTORNEY

By this Special Power of Attorney I, Muhammad Ali S/o. Allah Ditta, Caste Rajput, resident of House No. 237, Street No. 12, Mohallah Naseer Abad, Ferozepur Road, Lahore, do hereby constitute and appoint Mst. Jawairia Abbasi, as my lawful attorney to act, conduct, and proceed on in my name and on my behalf with the case titled “Suit for specific relief” pending in the Court “Senior Civil Judge, Lahore” and the said my lawful attorney authorizes to appoint any person in my behalf and in my name to compromise or withdraw any plaint or written statement or to receive or pay cost and further to do all other acts considering necessary in nature.

GENERAL POWER OF ATTORNEY

By this General Power of Attorney I, Ghulam Abbas Chattha S/o. Muhammad Abid Bashir, Caste Gujjar, resident of 36 – Q, Model Town, Lahore, do hereby constitute and appoint Zeeshan Munawar S/o. Musanjef Waqas, Caste Memon, resident of 45, Riwaz Garden, Lahore, as my lawful general attorney as I, the above name is an old man of 80 years, thus incapable to perform all the functions on my own and for which the above named attorney shall do, act, and perform all that given hereunder:

1.      To sign and verify the plaints, written statements, memorandum of appeal, revisions, or writ petitions in all the revenue, civil courts, and tribunals including the High Court or the Supreme Court of Pakistan on or against my behalf.

2.      To engage any lawyer (advisor), advocate (practitioner), legal consultant, or any advocate of Supreme Court of Pakistan for the purpose of instituting any legal proceedings in the competent Court of jurisdiction for or on behalf and against the undersigned/me.

3.      To compromise any matter pending before any authority or a Court of law thus to get, consent decree or withdraw any application or suit or appeal filed as such for or against me.

4.      To lease out on “Putta” the agricultural land owned by me in the Revenue Estate of Village Sultanpura, Tehsil and District Lahore, the Revenue Estate of Village Raja Ghuman, Tehsil Daska, District Sialkot and in the Revenue Estate of Village Bekhewal, Shah Di Khoi, Tehsil and District Lahore and to collect the rent or any arrears of rent with power to restrain  (Fieri facias – Government Writ) the crops etc.

5.      To give on rent the immovable property belonging to me comprising/consisted of my Pukka Built (Êfq jÎÀ¨M B¸‚) houses situated in District Sheikhupura, Sahiwal, and Kasur including the shops at commercial rates.

6.      To purchase and mortgage any property at the market rate or from any Court auction proceeding in the process of execution of any decree valuing not more than rupees five hundred thousand only.

7.      To do all or any necessary proceedings for the preservation of the properties belonging to me in the regular and usual course and my above named attorney shall not be liable for any loss or damage done to the property in virtue of any act of the superior force.

In witness whereof I the above named Muhammad Ali do hereby set my hands to this power of attorney today 25th day of January 2002 referred.

 

Witness No. 1 _________________________

 

Witness No. 2 _________________________

Specimen signature of the attorney

 

 

______________________________

Signature

MORTGAGE DEED

THIS MORTGAGE DEED/DEED OF MORTGAGE is made the 6th day of February 2002 between ABC S/o. XYZ, Caste Kakay Zai, resident of 96, Shiraz Villa, Muslim Town, Lahore (hereinafter called the “Mortgagor”) of the first/one part and PST S/o. HTML, Caste Chattha, resident of 105 – Umar Block, Awan Town, Multan Road, Lahore (hereinafter called the “Mortgagee”) of the second/other part.

WHEREAS the mortgagor above named has taken as loan/debt as sum of Rs. 200,000/- (Rupees two hundred thousand only) from the mortgagee above named repayable to the mortgagee after a period of one year, i.e., 5th day of February 2003 with interest @ 10% p. m.

AND WHEREAS in consideration of the mortgage debt, the mortgagor does hereby execute a simple mortgage of the property owned and possessed by him bearing number 5, Shadman Colony, Lahore, as security of the mortgage debt, the detail of which is given hereunder

1.      East:          Studio of Reema Ali

2.      South:       House of Reesham Jan

3.      West:         Clinic of Zara Sheikh

4.      North:       Thoroughfare

on the following terms and conditions:

1.      The mortgagee shall be with his lawful right to recover the mortgage debt with interest by adopting the remedies available to him in the competent Court of mortgagor, he shall be legally entitled to recover the same through sale of the demised property.

2.      On failure of the mortgagee to redeem the property after the receipt of the mortgage debt, the mortgagor shall be with his right to get the property redeemed.

3.      Both the parties (mortgagor and mortgagee) respectively are bound by the provisions of the Transfer of Property Act.

IN WITNESS WHEREOF the parties (mortgagor and mortgagee) have signed/set their hand.

 

Mortgagor

 

 

Mortgagee

 

 

 

 

 

 

 

 

 

 

Witnesses:

1.

 

Witnesses:

1.

 

 

 

 

 

 

2.

 

 

2.

 

PARTNERSHIP DEED

THIS DEED OF PARTNERSHIP is made today the 15th day of February 2002 between A S/o. B, Caste Janjua, resident of 133, Ferozepur Road, Lahore (hereinafter called the “Partner”) of the first/one part and C S/o. D, Caste Gujjar, resident of 119 – Huma Block, Allama Iqbal Town, Lahore (hereinafter called the “Partner”) of the second/other part.

WHEREAS the partners named above have agreed to enter into the partnership business of the import and export of the manufacturing of carpets.

AND whereas the partners have agreed to enter into the following covenants/terms and conditions:

1.            Name of the partnership firm shall be Rana Nizam Khan & Brothers Carpets Manufacturing Firm and its Head Office shall be located at 51 – Jail Road, Lahore.

2.            The total capital of the partnership business shall be Rs. 2,000,000/- (Rupees two million only) to be contributed by the partners above named in equal shares.

3.            The profits & losses accrued therein shall be borne out by the partners in equal shares.

4.            In addition to the profit or loss shared as such, the above named C shall be responsible to maintain and supervise all the records namely ledgers, register of payments, receipts etc., for which (in lieu of) he shall be paid a sum of Rs. 5,000/- p. m. as remuneration.

5.            The bankers of the partnership business shall be M/s. Habib Bank Limited and no payment in the name of partnership firm shall be withdrawn without the joint signature of both the partners.

6.            In case of any loss sustained in the regular and usual course of the business of the partnership firm, all the losses shall be borne by the partners in equal shares.

7.            In case of any difference between the partners, the partners are hereby agree to refer the same to the arbitrators appointed as such.

8.            Neither of the partners of the partnership firm shall effect the property of the partnership firm for its business by creating a charge, encumbrance or embargo of any kind of the nature of mortgage or any security in respect of any other transaction in his independent and individual capacity not related directly or indirectly to the business of the partnership firm.

9.            The partnership shall stand dissolved at the death of any partner.

10.        The partnership firm shall be registered before the Registrar of Firms within a week after the execution of these presents.

11.        The parties are hereto bound by the provisions of the Partnership Act, 1932.

IN WITNESS WHEREOF the partners have signed this deed of partnership on the date, day, and year above mentioned.

EXCHANGE DEED

THIS DEED OF EXCHANGE is made today the 14th day of March 2002 between Munir Ahmed S/o. Nazir Dad, Caste Arain, resident of House No. 9, Street No. 5, Shadman Colony, Sialkot of the one part and Rashid Ahmed S/o. Qaim Din, Caste Jatt, resident of Village Mand, Tehsil Daska, District Sialkot of the other part.

Whereas the above named Munir Ahmed is exclusive owner in possession of a house bearing House No. 9, Street No. 5, Shadman Colony, Sialkot, built upon an area of land 1 kanal with Pacca structure comprising 3 bedrooms with attached bathrooms, a kitchen, a storeroom, and a courtyard upon it valuing Rs. 2,000,000/- (Rupees two million only) and whereas the above named Rashid Ahmed is owner in exclusive possession of agricultural land owned and possessed by him measuring into 6 acres bearing Khasra No. 581, 584, and 694, Khatooni No. 9, Kheevat No. 5, Jamabandi (Record-of-Rights which are prepared after each four years) of the year 1996 – 2000 and situated in the Revenue Estate of Village Mand, Tehsil Daska, District Sialkot, valued at Rs. 2,200,000/- (Rupees two million two hundred thousand only).

And whereas the parties named above have agreed to exchange/excamb the same mutually on the following terms and conditions:

1.      The above named Munir Ahmed is the sole proprietor, owner, and occupant of the house in question and as full owner has the power to transfer, sell, mortgage, and exchange or otherwise to alienate it in any manner he likes. The house in question is free from any encumbrance of any kind whatsoever. The map plan of house in question is attached.

2.      The said Rashid Ahmed is also owner in possession of agricultural land the detail of which is given above.

3.      In order to strike a balance between the accurate and precise price in connection with the said bargain of exchange, the above named Munir Ahmed has paid a sum of Rs. 200,000/- (Rupees two hundred thousand only) to the above named Rashid Ahmed as owelty of exchange, the receipt of which the above named Rashid Ahmed has do as hereby acknowledged.

4.      The heirs and successors, after the death of any of the party, shall be bound by the respective transfer of the property into question, respectively.

5.      In case of any defect of ownership or otherwise in any event, in relation to the property, belonging to anyone of the parties, shall be liable for the loss accrued as such and the aggrieved person shall be within his rights, be legally empowered to initiate the legal proceedings in the competent Court of law and shall also have the right and power to receive damages as well.

In witness whereas each of the person/party has signed this deed of exchange/excamb on the day, month, and the year mentioned above.

 

Signature

 

 

Signature

 

 

 

 

 

 

 

 

 

 

Witnesses:

1.

 

Witnesses:

1.

 

 

 

 

 

 

2.

 

 

2.

 

GIFT DEED

THIS DEED OF GIFT is made today the 4th day of April 2002, between Kareem Bakhsh S/o. Rasheed Bukhsh, Caste Arayin, resident of Village Sultan Pura, Tehsil and District Sahiwal (hereinafter called the “Donor” KÇAË) of the first/one part and Bashir Ahmad S/o. Shabbir Ahmad, Caste Arayin, resident of Chak No. 5 South, Sargodha (hereinafter called the “Donee” îλA LÌÇÌ¿) of the second/other part.

WHEREAS the Donor above named is sole/exclusive owner in possession of agricultural land measuring into 2 acres, 5 kanals, 10 sarsahis, bearing Mahdooda Khasra No. 105 to 107, Khatooni No. 7, Kheevat No. 9, Jamabandi for the years 1994 to 1998, situated in the Revenue Estate of Village Sultanpura, Tehsil and District Sahiwal.

AND whereas the Donee above named has rendered useful services to the Donor above named during his illness and made the necessary expenses from his pocket in his medical treatment when he was suffering from clinical diseases in his senility and dotage.

WHEREAS the Donor above named out of natural affection and love transfers by way of gift all that property detailed above in favour of the above said Donee TO HOLD the same through his heir, executors, and administrators.

THE Donor hence to before transfers the property to the Donee and the Donee does hereby accepts the delivery of the possession.

IN WITNESS WHEREOF the Donor and the Donee have affixed their signature to the Deed of Gift on the day, month, and year above mentioned.

 

Signature

 

 

Signature

 

 

 

 

 

 

 

 

 

 

Witnesses:

1.

 

Witnesses:

1.

 

 

 

 

 

 

2.

 

 

2.

 

Parts of indenture (deed, document, instrument): Following are the parts of indenture:

1.      Title of the deed: It is subject matter of the deed from where intention of the scriber is shown. It is the main heading under which all terms and conditions are described.

2.      Commencement and date: Different deeds are differently described according to the nature of the transaction which they effect, for example, “this conveyance”, “this gift deed”, “this agreement”, “this gift of deed”, “this mortgage”, “this gift” etc. The date is not strictly speaking part of the deed. A deed takes effect from the date on which it is delivered. If the date is stated is impossible, for instance, February 30, 2001, this does not effect the validity of the deed.

3.      Parties: Next come the parties to the deed. These should in general comprise besides the transferor and the transferee, every person whose consents or concurrence is necessary to make a perfect conveyance of the estate or interest contracted to be sold. The most convenient order of the arrangement of the parties is to place first the party or parties by whom the property is transferred. Next any person whose concurrence is requisite or who enter into any covenants is conveyed. The name and description such as caste and complete residential address of all the parties should be set out in full so as be prevent any difficulty in this subsequent identification.

4.      Recitals: After the parties come, such recitals are may be considered necessary. Recitals are of two kinds, namely narrative recitals, which set out the facts and instruments necessary to show the title and relations of the parties to the subject matter of the deed, and introductory recital, which explains the motive and purchase of the deed containing them. Recitals may be sometime be used as statements of facts tenting to validate the title in the case of subsequent sale or other transfers bearing in mind the rule that tall recitals thirty years old at the date of contract unless proved in accurate sufficient evidence of the statements contained in them. Recitals in a deed estops all person on whose behalf they are made and persons claiming under them from disputing their accuracy but do not bind any other party to the deed. In order that a recitals may operate as estoppel. It must be clear and unambiguous.

5.      The operative part or testatum: The next division of the deed consisting of the operative part, i.e., the testatum “now this conveyance/deed witnesseth and it is hereby agreed and declared as follows” followed by the consideration, the receipt clause, the operative word and also the vendor’s covenants for title.

6.      The parcels: The operative part is followed by the description of the property. This description is technically the parcels and should when practicable be the same as in the earlier title deeds so as to prevent any question as to the identity of the property as conveyed with that described in such earlier deed if, however owing to change in the matter of the property such as rebuilding or surrounding the old description proves insufficient to identify the property sold with certainty and new description should be framed while making to description contained in earlier documents.

7.      General word: After parcels, the general word comes, which purport conveys to the transferor all rights and easements, and other rights appended and appurtenant to the property or at any time enjoyed with it or reputed to form apart to it. Rights, which are, appended (Easement rights) or appurtenant pass by the conveyances of land to which they are annexed. It might happen that the vendor or the transferor was retaining other land belonging to him and adjoining the land sold. Any rights which the Vendor had been exercising over the land retained for the benefit of the land conveyed could not pass to the transferee as easements because a man could not have an easement over his own land. The General Words in England have since been omitted as it has been provided by statue that a conveyance of land shall be deemed to include and shall operate to convey with the land all the easements and other incidents and accessories.

8.      Exceptions and Reservations: Next part of the deed consists of exceptions and reservations, if any. An Exception is where the Vendor transfers which is already in existence at the time of the grant, for instance an exception of the mines and minerals. To such an exception there is no instance an exception of the mines and mineral. To such an exception there is no objection provided that is not repugnant to the grant. For instance, in a grant of a house and grounds as exception of the grounds would be repugnant to the grant and consequently void.

A Reservation is where the transferor reserves to himself something entirely new for instance an easement over the land conveyed. Such a reservation shall be expresses for it will not be implied unless there are special facts to justify it.

9.      Habendum: Next part of the deed is habendum. It implies and signifies the rights in the property transferred to the transferee by the transferor is very often expressed that in the deed/indenture as “To have and hold the same” as whatever is given and narrated as to the subject matter of the demised property. These words establish the fact that the rights now have floated in favour of the transferee against the person who for and consideration transfers, sells, or alienates the property in question with a consideration.

10.  Testimonium: Last part of the deed is testimonium, which implies the attestation of the deed/indenture by the witnesses who establishes that the transaction did take place in their presence and their testimony/evidence is very much relevant in case of any dispute between the parties in a Court of law. Very oftenly the scribe also adopts the role of a witness having attested the deed.

WILL (CODICIL)

This is the last Will and testament of me Kaleem Akhtar S/o. Nabeel Hussain, Caste Kakay Zai, resident of 12 – B, Umar Block, Model Town, Lahore, made this deed of Will on the day 18th of April 2002.

I hereby revoke all former Wills and Codicils made by me.

I bequeath all my money and other moveable property whatsoever and where-so-ever to my wife Memoona Begum D/o. Riasat Ali, Caste Janjua absolutely.

I demise all my land and other immovable to my wife Memoona Begum D/o. Riasat Ali, Caste Janjua for her life and after her death to my daughter Miss Humaira Kaleem absolutely and if the said Humaira Kaleem dies before me shall void then to my nephew Muhammad Iqbal.

I bequeath the following annuities to commence from the date of any death and to be paid and equal monthly payments to my above said daughter. An annuity of Rs. 5,000/- to be paid during her life, to my sister Mst. Gulnar Bibi, an annuity of Rs. 10,000/- during her life and after her death to be continued to her son named Basharat Ali and also a sum of Rs. 5,000/- as annuity to my old servant named Rafaqat Bilgrami.

IN WITNESSETH WHEREOF, I set my hand to the deed of Will today 18th of April 2002.

PROMISSORY NOTE

 

Rs. 50,000/-

Lahore, April 20, 2002

            Three months after date (or on demand) I promise to pay Mr. Sajjad Ali or order (or bearer) Rs. 50,000/- (Rupees fifty thousand only) with interest @ 10% p. a. until payment, for value received.

 

Pir Pagara

BOND

 

Rs. 100,000/-

Lahore, April 20, 2002

            I, Sultan Rahi S/o. Qurban Elahi, by Caste Malik, resident of 10 – Badian Road, Near Lahore Boarder, Lahore, having borrowed Rs. 100,000/- (Rupees one hundreds thousand only) from Babar Ali S/o. Mustafa Qureshi, Caste Bhatti, resident of 18 – Shadbagh, Lahore, hereby promise to pay the said Babar Ali, the said sum of money on demand with interest thereon from the date of bond @ 10% p. a.

 

Sultan Rahi

In witnesseth whereof, I set my hand to the deed of Bond today 20th of April 2002.

Order 37 governs laws and pleadings on Negotiable Instruments such as Cheque, Bill of Exchange, and Promissory Note. District Judge is the competent Court to hear the suits on Negotiable Instruments rather than Senior Civil Judge.

RECEIPT

 

April 20, 2002

 

            Received from Mr. Nomman Ijaz S/o. Ali Ijaz, Caste Chaudhary, resident of House No. 49, Street No. 69, Mohallah Naseer Abad, Peshawar, the sum of Rs. 50,000/- (Rupees fifty thousand only) being the full and final satisfaction of the amount due from the said Mr. Nomman Ijaz.

 

Fazeela Qazi

DISSOLUTION OF PARTNERSHIP DEED

THIS DEED of dissolution of partnership is made today the 25th day of April 2002, between A S/o. B, Caste Malik, resident of 95, Gulberg III, Lahore (hereinafter called the “Partner of the first part”) and C S/o. D, Caste Ghumman, resident of House No. 45, Kachoopura, Lahore, (hereinafter called the “Partner of the second part”).

Whereas the partners above named had through mutual consent agreed to run a partnership business for the import and export of medicines and medical equipment having the registered Head Office of the firm named as “A & B Co. Brothers” and a duly executed partnership deed registered as bearing number 2344, dated October 01, 2000, was struck between the partners named above with a total capital of Rs. 4,000,000/- (Rupees four million only) contributed in equal share by the partners above named and under the provisions of the said partnership deed the profits and losses were to be borne out by the partners in equal shares.

Whereas it has become well-nigh (nearly, roughly, almost) impossible for the partners to carry on the business of the partnership firm any more as certain differences have created up between the above named partners and they have been left with no alternative except to dissolve/determine the partnership firm through mutual consent, on the following terms and conditions:

1.      The partnership firm named above stands dissolved forthwith with the execution of these presents from today the 25th day of April 2002.

2.      The accounts lying with M/s. Habib Bank Limited, Bank Square, Shahrah-e-Qauid-e-Azam, Lahore shall cease to operate immediately and the said bank has been informed as regards the dissolution partnership firm. The partners above named have received the proceeds of the bank account and cash lying in bank account running to the tune of Rs. 3,000,000/- (Rupees three million only) in the name of the partnership firm in equal shares the receipt of which each partner dies acknowledge.

3.      The partners shall dispose of all the assets, effects, fixtures, and all such belongings pertaining in relation to the partnership business. The partners in equal shares shall share the proceeds.

4.      The vehicles bearing registration number LOA – 2010, model 1999, and pick up bearing registration number LXE 3556, model 2000 have been through mutual consent have been sold out by the partners in consideration of Rs. 2,000,000/- (Rupees two million only) and shared equally by the partners above named.

5.      All these proceedings pending in the course of competent Court of jurisdiction for or on and against behalf of the partnership firm and against the partnership firm shall be continued after the dissolution of the firm and the liabilities/decrees passed as such in the proceedings in the forthcoming period shall be lawful making the partners personally liable as the partnership firm has not been dissolved for satisfying exclusively the loans against the firm in full and final satisfaction of the claims of lenders or from that point of view in full and final satisfaction of the partners borrowed as such by them.

DEED TO REFER ARBITRATION

THIS AGREEMENT is made on the 30th day of May 2002, between Tonny Blair S/o. BMW Roxy, Caste Kamee Kameen, resident of 10 – Downing Street, London, of the first part and Armature Bush S/o. Mercedes Benz, Caste Pandee, resident of White House, Washington, of the other part.

WHEREAS:

1.      The said Armature Bush S/o. Mercedes Benz has made to following claims against the said Tonny Blair S/o. BMW Roxy in connection with the partnership business between them following claims:

a)      Rs. 800,000/- (Rupees eight hundred thousand only) as expenses incurred in connection with the carriage of the goods.

b)      Unexplained expenses of Rs. 50,000/- (Rupees fifty thousand only).

c)      Transportation expenses to the tune of Rs. 70,000/- (Rupees seventy thousand only).

2.      The said Tonny Blair S/o. BMW Roxy does not admit the aforesaid claims of the said Armature Bush S/o. Mercedes Benz.

3.      Disputes and differences are now pending between the parties hereto respecting the aforesaid claims.

4.      The parties hereto have agreed to refer the said disputes and differences to arbitration.

NOW it is hereby agreed between the parties as follows:

1.      All questions and matters in dispute and differences between the parties hereto touching the aforesaid claims of the said Armature Bush S/o. Mercedes Benz are hereby referred to the award and final determination of Mr. Poten Khurochieve as arbitrator.

2.      The said arbitrator shall have power to proceed ex parte in case either party fails after reasonable notice to attend before him.

3.      The award of the arbitrator shall be binding on the parties and this submission shall not be revoked by the death of either party before the making of the said award.

IN WITNESSETH WHEREOF the parties hereto have set their hand to this deed on the day, month, and year above-mentioned.

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