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DPC II Journal_230930_212031 (1).pdf
1. SHRI VILE PARLE KELAVANI MANDAL’S
JITENDRA CHAUHAN COLLEGE OF LAW
TITLE : LAW JOURNAL
SUBJECT : DPC II
NAME : ABC
YEAR : S. Y. LLB
DIVISION : C
ROLL NUMBER : XXX
SUBMITTED TO : PROF. DR. CHHAYA SHAH, PROF. ADV.
VIKRANT PARASHURAMI AND PROF. ADV.
AMARO HENRIQUES
2. ACKNOWLEDGMENT
I would like to express my deep gratitude to Prof. Dr. Chhaya Shah Prof. Adv. Vikrant
Parashurami and Prof. Adv. Amaro Henriques for their patient guidance, enthusiastic
encouragement and useful critiques of this research work. I would also like to thank Principal
Dr. Priya Shah, for her advice and assistance in keeping my progress on schedule. My
grateful thanks are also extended once again to Professor Dr. Chhaya Shah for her
motivational efforts in arousing interest in learning this subject.
I would also like to extend my thanks to the library staff of the college for their timely help
by making resources available in library and offering me the same in doing this project.
Finally, I wish to thank my parents for their support and encouragement throughout my study.
3. Index
No. Draft Page No.
1 Public Notice 4
2 Agreement for Sale 7
3 Sale Deed 9
4 Simple Mortgage 12
5 English Mortgage 15
6 Lease Deed 16
7 Exchange Deed 18
8 Gift Deed 20
9 Leave and License Agreement 23
10 Partnership Deed 26
11 Franchisee Agreement 30
12 Indemnity Bond 34
13 Board Resolution 37
14 MOU 38
15 Confidentiality Agreement 41
4. 3/28/22, 2:08 PM PUBLIC NOTICE IN CASE OF LOSS OF SHARE CERTIFICATE – Maharashtra Housing and Building Laws
https://maharashtrahousingandbuildinglaws.com/public-notice-in-case-of-loss-of-share-certificate/ 1/3
PUBLIC NOTICE IN CASE OF LOSS OF
SHARE CERTIFICATE
Print
PUBLIC NOTICE IN CASE OF LOSS OF SHARE CERTIFICATE
Please take notice that Mr/Mrs/Miss_____________________, an adult Indian inhabitant of
________________________________________, and a member of the _______________________________Co-
operative Housing Society Ltd (hereinafter referred to as the “Said member” and the “Said society”
respectively), holds a Share Certi•cate in the “Said society” for his membership in respect of Flat
No._______, being and situate at______________ (herein after referred to as the “Original Share
Certi•cate” and the “Said Flat” respectively, the details whereof are set out in the Schedule
appended hereto).
WHEREAS, the “Said member” on________, applied to the “Said society” for issue of a
Duplicate Share Certi•cate in lieu of the “Original Share Certi•cate”, ostensibly on the ground that
the same was lost/misplaced in transit on or about________ and despite diligent efforts the same
could not be traced out or retrieved.
AND WHEREAS, the “Said member” has produced before the “Said society” a Police
Complaint in respect of the loss of the “Original Share Certi•cate” vide Complaint No._________,
dated________ lodged at _____________ Police Station.
95
SHARES
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5. 3/28/22, 2:08 PM PUBLIC NOTICE IN CASE OF LOSS OF SHARE CERTIFICATE – Maharashtra Housing and Building Laws
https://maharashtrahousingandbuildinglaws.com/public-notice-in-case-of-loss-of-share-certificate/ 2/3
AND WHEREAS, the “Said member” has solemnly assured the “Said society” about his
bona•des and further made an assurance that he has not entered into any kind of transaction in
the nature of sale, transfer, mortgage, gift, exchange, relinquishment etc. in respect of the “Said
Flat” on the strength of the “Original Share Certi•cate”.
NOW THEREFORE, the undersigned, being so authorised by the Executive Committee of
“Said society”, does hereby give a notice to the public at large and calls upon all or any person/s
with whom the “Said member” has entered into any kind of transaction in the nature of sale,
transfer, mortgage, gift, exchange, relinquishment etc. on the strength of the “Original Share
Certi•cate” and who are put in possession or custody thereof or who hold any right, title, interest
in the “Said Flat” prejudicial to the interest of the “Said member” and who have already •led any
suit, claim, dispute, petition, appeal or other like proceedings and obtained any decree, award or
other order concerning the “Said Flat” or who intend to •le any such proceedings as described
above for enforcing their right in the “Said Flat”, to submit all their objections and claims in writing
along with supportive documentary proofs thereof, to the undersigned within a period of •fteen
days of the date of publication of this notice, failing which the “Said society” will presume that no
such adverse claims or objections exist and thereafter the “Said society” and all its members, of•ce
bearers, agents and servants shall stand relieved from the liability vis-à-vis the “Original Share
Certi•cate” and the “Said society” shall proceed to issue a Duplicate Share Certi•cate to the “Said
member” as requested by him. So please do note.
Date:____
Place:_______
Sd/
Name:__________________
Hon’ Secretary
__________C.H. Society Ltd
Off Address:_____________
7. LEGAL LANGUAGE AND LEGAL WRITING 247
AGREEMENT OF SALE
THIS AGREEMENT OF SALE made this ___th day of ______, 1989 BETWEEN Shri
______ s/o ______ age ____ years, Occupation ______, resident of ______ (who and his heirs,
and assigns are, unless the contrary appears, hereinafter called as “Vendors) of the first part, AND
Shri ______ s/o. ______, age ____ years, Occupation ______, resident of ______ (who and his
executors, administrators and legal representatives or assigns are, unless the contrary appears,
hereinafter called the “Vendee”) of the second part.
WHEREAS, the vendor is desirous of selling and the vendee is agreeable to purchase a
house with open site situated in ______ (more specifically described in the schedule hereto),
belonging to the vendor for a sum of Rupees ______ only (Rs. ______) free of all encumbrances,
charges and liens whatsoever.
NOW THEREFORE THIS AGREEMENT WITNESSETH as under:
(1) That, the vendor shall sell free of all encumbrances, charges and liens whatsoever, his
dwelling house with open site situate at ______ bounded as below and the vendee shall buy the
same at the said price and condition.
(2) That, this agreement has been entered into by the vendee on the vendor holding out that
he, the vendor, is the absolute owner of the said house and open site with a subsisting right to
make transfer in the manner hereby contemplated and that the property is not in any manner
encumbered or charged with the payment of any money.
(3) That, the vendee has this day on the execution of this agreement paid the vendor a sum of
Rupees ______ only (Rs. ______) which constitute the consideration of this agreement and the
balance of the purchase price Rupees ______ only (Rs. ______), shall be paid by the vendee on or
before the expiry of two months from the date hereof, but subject to the conditions hereinafter
appearing.
(4) That, the vendor shall produce within one week from today all the title deeds pertaining
to the property intended to be sold for the scrutiny by the legal adviser to the vendee, and if the
said legal adviser does not find the title clear and subsisting this agreement shall be of no avail,
and the consideration of this agreement i.e. Rupees ______ (Rs. ______ only) acknowledged by
the vendor from the vendee today shall be refunded to the vendee without deductions whatsoever
and without any delay.
8. 248 LEGAL DRAFTING
(5) That, on the vendee making available the balance of purchase price on or before the
stipulated period hereinabove mentioned a sale deed drafted by the said legal adviser of the vendee
shall be executed and registered by the vendor at the cost of the vendee. The sale deed shall
contain the usual indemnity clause of good and subsisting title and freedom from encumbrances,
etc.
(6) That, the vendor shall hand over all title deeds together with the latest receipts of tax
payment in respect of the property showing full payment up to the nearest financial year at the
time of or before registration of the sale deed.
IN WITNESS WHEREOF the said vendor Shri ______ and the said vendee Shri ______
have hereto signed and executed this agreement on the day and year first hereinabove written.
VENDOR
VENDEE
SCHEDULE OF PROPERTY
Residential House with built up area ___ sq. ft. and bearing Door No. ______ in Plot No.
____ measuring ___ ' EW and ___ ' NS situated at _________ and is bounded by following
boundaries:
towards East : _________________
towards West : _________________
towards North : _________________
towards South : _________________
VENDOR
VENDEE
9. 467
chapter 128
Sale-Deed
THISDEED OF SELL made at Pune this day of 20
BETWEEN
Shri_ A _ B C age 40 years, occupation- agriculture,residentof 150
Hadapsa_r,
Pune 411 028, hereinafter called the VENDOR, (whichexpressionshall,
unless
repugnant to the context, mean and include his heirs, executors,administrators
and
assigns)
of the One Part
Shri X _ Y Z age 50 years, occupation
- agriculture,
residentof 75
Hadapsar,
Pune 411 028 ,hereinafter called the PURCHASER, (which expression shall,
unlessrepugnant to the context, mean and include his heirs, executors, administrators
andassigns)of the Other Part.
WHEREAS the property bearing Plot No. 15,out of Survey No. 150,ofthe revenue
villageHadapsar, Taluka Haveli, District Pune ,described in further details in the schedule
hereunder,is owned and possessed by the present vendor;
AND WHEREAS the vendor decided to sell and dispose of the said property;
AND WHEREAS the purchaser approached the vendor with such a proposal to
purchaseand acquire the said property;
AND WHEREAS the purchaser has offered the best of the possible terms unto
thevendor;
AND WHEREAS the vendor has agreed to sell, transfer and convey the said
propertyunto the purchaser;
AND WHEREAS the parties hereto have entered into an agreement to sell, on
, in respect of the said property;
, the
AND WHEREAS in pursuance of the said agreement to sell, dated
parties hereto have decided to complete the said transaction;
NOW, THIS DEED WITNESSES as follows:
, the vendor does
1. That in pursuance of the agreement to sell, dated
hereby sell, transfer and convey his property bearing Plot No. 15,out of Survey
10. LegalDrafting
468
No.150,of the revenue village Hadapsar, Taluka Haveli, District Pune,described
in furtherdetails in the schedule hereunder, unto the purchaser TO HAVE
AND
TOHOLD the same FOR EVER as the owner thereof.
2. Thatbywayofconsiderationforthesaid
had paid at the time of the execution of the said agreement to sell, dated
towards earnest money and part payment a sum of Rs. 50,000/-, and theremaining
balance of Rs. 2,00,000/- has today been paid by the purchaser unto the vendor,
the
receipt whereof the vendor does hereby acknowledge unto the purchaser,andthe
vendor does hereby declare and confirm that now nothing is due from thepurchaser
3. That the vendor has today put the purchaser in actual possession ofthe saidproperty.
4. That the vendor does hereby declare and confirm that he, the vendor,shallnot
have any right, title or interest in or over the said property or any part thereofl
5. That the purchaser shall get his name entered in the record of rights in respect
of
the said property.
6. That the vendor does hereby assure unto the purchaser that the vendor hasaclean,
clear and marketable title to the said property, and that he has neither subjected
the
same to any encumbrancewhatsoever,nor is it a subject-matter of anypending
litigation, requisition or acquisition proceeding.
7. That the vendor has applied for, obtained and furnished unto the purchaserallth
e
necessary permissions, exemptions and clearances under the provisions oflawin
force,
8. That the vendor also assures unto the purchaser that all the taxes, cesses,charges
and assessmentspayablein respect of the said property have been dulypaidout
by the vendoruptodate,and those accruing and becoming due hereaftershallbe
borne out by the purchaser.
9, That as agreed by and between the parties hereto, all the expenses of stampduty
and registrationcharges have been borne out by the purchaser.
THE SCHEDULEOF THE PROPERTYABOVE REFERRED TO:
All that piece and parcel of land situate within the Registration Division
District Pune, Sub-Division& Taluka Haveli, within the local limits of thepune
Municipal Corporation, revenue village Hadapsar, bearing Plot No. 15, outof
Survey No. 150,admeasuring 2000 sqft or thereabouts, and bounded by as follows:
11. Legal Drafting 469
On or towards the East
On or towards the South
On or towards the West
On or towards the North
Plot No. 16,
Plot No. 18,
Public Road, and
Nullah.
IN WITNESS WHEREOF the parties hereto have signed hereunder at Pune the
datefirst abovementioned.
Witnesses:
1. Sd/-xXx
2. Sd/-xXx
Sd/-ABC
VENDOR
SU-XYZ
PURCHASER
12. 520
Chapter 142
SimpleMortgage-Deed
THIS DEED OFMORTGAGE made and executed at Pune this ..... day of 20
BETWEEN
Shri Bone Cone Done, age 50 years, occupation - business, resident of HouseNo
333Kothrud,Pune 411038,hereinaftercalled the MORTGAGOR, (which expression
shall,unless repugnant to the context, mean and include his heirs ,executors ,administrators
and assigns) OF THE ONE PART
Shri Fone Gone Hone ,age 55 years ,occupation - business ,resident of444 Guruwar
Peth, Pune 411002,hereinaftercalled the MORTGAGEE,(which expressionshall,
unlessrepugnantto the context,mean and include his heirs, executors, administrators
and assigns) OF THE OTHER PART.
WHEREAS the Mortgagoris the owner of the property bearing Plot No. 100outof
S. No. 300, of the revenue Kothrud,TalukaHaveli, District Pune, described in further
detailsin the schedulewrittenhereunder.
AND WHEREAS theMortgagor being inneed of money approached theMortgagee
for a loan of Rs. againsta security of the said property;
AND WHEREAS theMortgagee hasagreed tolend and advance unto the Mortgagor
the saidamountof Rs. 6,00,000/-against the security of the said plot Ofland;
NOW,THIS DEEDOF MORTGAGEWITNESSES as follows:
1. That in considerationofa sumofRsv (Rupees Six Lakh Only) advanced
andlent out to theMortgagorby way of a simple mortgagee, the receipt whereof
the Mortgageedoeshereby acknowledge, the mortgagor does hereby transferand
mortgageby wayof this simple mortgagein favour of the said Mortgagee thesaid
propertybearingPlotNo. 100of the revenueKothrud, Taluka Haveli, Disü•ict
Pune,describedin furtherdetailsin the schedule written hereunder.
2. the Mortgagor
doesherebychargethe said property by way of a security
for the repayment of the said amount of Rs.
(Rupees Six Lakh Only)
together with interest thereon @ 18%per annum.
13. Legal
Thatthe Mortgagor does hereby agree,undertake
Drafting
andcovenant with the Mortgagee
521
3.
thathe will pay to the Mortgageeall the principalamountalong with interest due
thereon on monthly instalments, which will be payable by the Mortgagor unto the
Mortgagee or before the fifth day of each succeedingmonth,and there shall be no
delayin making the payment of the instalments.
Thatit is hereby agreed by betweenand betweenthe partieshereto that in the
4.
casethe monthly instalmentof the saidamountis notpaid to the Mortgagee by
the Mortgagor, on the due date along with the interest due thereon, the Mortgagee
shall have a right and he will be entitled to enforce the said mortgage and manage
to sell out the said propertyor any portionthereofand also appropriatethe sale
proceeds thereof towards the satisfaction of the mortgage debt.
5 That if, after the appropriation of the saleproceeds towards the mortgage debt and
interest thereon, any balance were still to remain payable to the Mortgagee by the
Mortgagor, the latter shall be entitled to recover the balance personally as against
the Mortgagor who shall be entitled to redeem the mortgage at his option.
6. That the Mortgagor does hereby assure unto theMortgagee that he, the Mortgagor,
has a clean, clear and marketable to the saidproperty,and it is neither subjected
to any encumbrances,nor is it a subject-matter
of any pendingacquisitionor
requisition proceedings.
THE SCHEDULE OF THE PROPERTYABOVE REFERRED TO
All that piece and parcel of land situatewithin theRegistration Division & Disfrict
Pune,Sub-Division& TalukaHaveli, withinthe local limitsof the Pune Municipal
Corporation,revenue village Kothrud, bearing propertybearing Plot No. 100 out of
S.No.300, of the revenue Kothrud, TalukaHaveli, District Pune, admeasuring about
1,200sq.ft., and bounded by as follows:
On or towards the East Plot No. 101,
On or towards the South Plot No. 102,
On or towards the West Plot No. 103,and
On or towards the North Nullah.
14. 522 Legal Drafting
IN WITNESS WHEREOFthe parties hereto have signed hereunder at pune the
date first abovementioned.
[BoneConeDone]
MORTGAGOR
[Fone Gone Hone]
MORTGAGEE
Witnesses:
1.Sd/- xxx
2.Sd/- xxx
15. Deed of English Mortgage
THIS MORTGAGE made the…………………………………..…..………….. day of..……………..,
2007, BETWEEN 'AB' of, etc. (hereinafter called the "Mortgagor") of the One Part, and 'CD' of, etc.
(hereinafter called the "Mortgagee") of the Other Part. WITNESSES WHEREAS the Mortgagor is
absolutely seized and possessed or is otherwise well and sufficiently entitled to an absolute estate of
inheritance or an estate equivalent thereto free from encumbrances to the lands,
hereditaments……………………….. fully mentioned and described in the Schedule hereto AND whereas
the Mortgagor having occasion to borrow a sum of Rs…………………….………….. approached the
Mortgagee which the Mortgagee has agreed to lend and advance on having repayment thereof with
interest at………….. per cent per annum and secured by a conveyance by way of mortgage of the said
property.
NOW THIS INDENTURE WITNESSETH that in consideration of the sum of
Rs…………………..……….. this day paid to the said 'AB' by the said 'CD' (the receipt whereof the said
'AB' hereby acknowledges), the Mortgagor hereby agrees with the covenant to pay to the Mortgagee on
the………………..………….. day of…………..………….. the sum of Rs………….. with interest thereon
in the meantime at the rate of Rs………….. per cent per annum computed from the date of this deed
such interest to be paid monthly and every month on the 15th
of every current month.
NOW THIS INDENTURE also witnesses that for the consideration aforesaid the said 'AB' as the
beneficial owner, do hereby grant, transfer convey unto and to the use of the said 'CD' all that etc.
(describe the property): TO HAVE AND TO HOLD the same absolutely and for ever PROVIDED
ALWAYS that if the Mortgagor shall pay or cause to be paid the sum of Rs………….. with interest
thereon, on the………….. day of………….., according to the foregoing agreement in that behalf, the
Mortgagee, his heirs, representatives or assigns shall, at the request and costs of the Mortgagor, his
heirs, representatives or assigns, reconvey to him or them as he or they shall direct, the said property.
AND THAT the Mortgagor do hereby covenant unto the Mortgagee that the Mortgagor has absolute title
to the land, hereditaments, messages and premises hereby granted and conveyed and that the
Mortgagor has good right, full power, absolute authority and indefeasible title to grant, convey, transfer,
assign and assure the same unto and to the use of the Mortgagee in the manner hereinbefore indicated
and further the Mortgagor and all persons having lawfully or equitably any estate or interest in the same
shall at all time hereafter during the continuance of the security do execute or perform or cause to be
done, executed and performed all such further or other acts, deeds and things as may be reasonably
required for further and more perfectly assuring the same unto and in favour of the Mortgagee.
Provided, however, and it is further agreed by and between the parties that if the Mortgagor commits
any default in payment of the principal amount on the due date or any three instalments of interest,
whether they have been demanded or not it shall be lawful for the Mortgagee to institute a suit for sale
and to have a Receiver appointed over the mortgaged property.
IN WITNESS WHEREOF the parties herein under have set their hands on the date and year
hereinabove mentioned in the presence of:
Witnesses:
1. 'AB'
2. 'CD'
The Schedule above referred to
Signed, sealed and delivered
Memo of consideration.
16. Legal Drafting
524
LEASE-DEED
20
Tills DEEDOFLEASEmade
BETWEEN
at rune this _ day of
age 35 years, occupation - service, resident
of
300 Shaniwar Peth, Pune 411030,hereinafter called the LESSOR, (which expressshall
unlessrepugnant to the context, mean and include his heirs, executors, administraton
and assigns) of the One Part
Shri , age 40 years, occupation - service, resident
of Deccan Lodge, Pune 411004,hereinafter called the LESSEE, (which express shall
unless repugnant to the context, mean and include his heirs, executors, administrators
and assigns) of the Other Part.
WHEREASthe property bearing House No. 300, of Shaniwar Peth, Pune City,is
owned and possessed by the present lessor;
AND WHEREASthe lessorhas been working the Education Department ofthe
Government of Maharashtra;
AND WHEREAS on account of his transfer to Mumbai, the lessor has not been
occupying the said premises;
AND WHEREAS the lessee is also working in the same Department ofEducation of
the Government ofMaharashtra and has recently been transferred from Mumbai toPune;
AND WHEREASthe lessee approachedthe lessor and requested the formerto
lease out the said premises unto the lessee for the purpose of the residence of his family;
AND WHEREASthe lessor has agreed to consider the request made out to him
by the lessee;
AND WHEREASthepartieshereto have worked out the terms and conditionsOf
their agreement and also decided to reduce the same into writing;
NOW,rrms DEEDWITNESSES,
andit is hereby agreed by and betweenthe
parties as follows:
1. Thatthelessordoesherebyleaseoutthepremises bearing House No. 300 Shaniwar
Peth, Pune City, unto the lessee.
2. That the lessee shall pay unto the lessor by way ofrent @ Rs. 1,200/- per month,
and suchamountshall be payable by the lessee unto the lessor every monthin
advance by the tenthday of such month.
17. Legal Drafting 525
3.
That in addition to and over and above the said amount of Rs. 1,200/-, the lessee
shall also pay every month an amount ofRs. 600/- towards the water and electricity
charges.
That the lessee shall have a right to use and enjoy the said premises for the residence
4.
of his family, and he shall not allow any other person to stay with him except his
guests on occasions.
5. That the lessee shall take all possible care of the furnitures, fittings and fixtures
provided for in the said premises.
6. That the lessee does hereby agree and undertake to vacate the said premises and
hand over vacant and peaceful possession thereof unto the lessor, if the lessor were
to require the same, and in that event, the lessor shall give, at least, one month's
intimation in writing to the lessee.
7. That if the lessee wants to vacate the said premises, he shall be at liberty to do so
even without giving any such notice ,but the lessee shall hand over vacant possession
thereof unto the lessor only.
8. That all the expenses of stamp duty and registration charges have been borne out
by the lessee only/
IN WITNESS WHEREOF the parties hereto have signed hereunder at Pune the
datefirst abovementioned,
Sd/-LET
LESSOR
Sd/- GET
LESSEE
Witnesses:
1. Sd/-xXx
2. Sd/-xXx
Note: Some more drafts of CompanyLease, Sub-Leaseand TenancyAgreement
(Leave and Licence Agreement, with the latest provisions) are also provided.
18. 260 LEGAL DRAFTING
EXCHANGE
THIS DEED OF EXCHANGE is made the ________ BETWEEN Shri ______ s/o
______ age ____ years, Occupation ______, resident of ______ (hereinafter called “the First
Party”) AND Shri ______ s/o ______ age ____ years, Occupation ______, resident of ______
(hereinafter called “the Second Party”)
WHEREAS, Shri ______ is the absolute owner in possession of the house property
bearing CTS No. ____ situate at ____, more specifically described in Schedule A hereto AND
Shri _____ is the absolute owner in possession of the house property bearing CTS No. ______
situate at ______, more specifically described in Schedule B hereto.
AND WHEREAS, the properties mentioned in both the Schedules, A and B, are free
from all the encumbrances and charges whatsoever and each is of the value of Rupees ______
only (Rs.____) and Rupees ______ only (Rs. ______) respectively.
AND WHEREAS, the said Shri ______ and Shri ______ are desirous of mutually
transferring the said properties.
NOW THEREFORE THIS EXCHANGE WITNESSES that the said First Party hereby
transfers absolutely free from all encumbrances whatsoever, the house property mentioned in the
Schedule A hereto to the Second Party and the said Second Party, in consideration of the said
exchange hereby transfers absolutely free from all encumbrances whatsoever the house property
mentioned in Schedule B hereto to the First Party.
AND it is hereby declared that either Party will hold the properties transferred hereafter
as absolute owners thereof without any interruption from the other.
IT IS ALSO AGREED AND DECLARED that either Party hereto has power and
authority to give, grant, convey and sell the property mutually conveyed by this deed.
AND it is also agreed that either Party will at the request and cost of the other execute
every such assurance and do every such act, deed or thing for further and more perfectly assuring
to the other the properties hereby mutually conveyed.
That this deed shall be executed in duplicate and each document bears the registration
endorsements in full. The stamped document to be kept by Shri ______ and the duplicate by Shri
______.
19. LEGAL LANGUAGE AND LEGAL WRITING 261
IN WITNESS WHEREOF the said Shri ______ and Shri ______ have hereto signed at
____, on the day and the year first hereinabove mentioned.
WITNESSES
1. ________________________ FIRST PARTY
2. ________________________ SECOND PARTY
SCHEDULE A
The following property is subject to usufructuary mortgage bearing CTS No. ______ and
situated at Hosyallapur, Dharwad and the same is bounded by the following boundaries
towards East : _________________
towards West : _________________
towards North : _________________
towards South : _________________
WITNESSES
1. ________________________ FIRST PARTY
2. ________________________ SECOND PARTY
SCHEDULE B
The following property is subject to usufructuary mortgage bearing CTS No. ______ and
situated at Hosyallapur, Dharwad and the same is bounded by the following boundaries
towards East : _________________
towards West : _________________
towards North : _________________
towards South : _________________
WITNESSES
1. ________________________ FIRST PARTY
2. ________________________ SECOND PARTY
20. 483
Chapter 132
Gift-Deed - Plot of Land in Favour ofA Society
THISDEED OF GIFT made at Pune this . day of ....20....
BETWEEN
ShriJose Kose Greenkar, age 65 years ,occupation -pensioner,resident of Aumkar
Bungalow,120Kothrud, Pune 411038 ,hereinafter called theDONOR, (which expression
shall,unless repugnant to the context, mean and include his heirs ,executors, administrators
andassigns)of the One Part
Shree Anand Swami Charitable Society, a registered society having its office at
555Kothrud, Pune 411 038, acting through its Chairman, Shri Hose Lose Redkar, age
25years, occupation fi social work, resident of 555 Kothrud, Pune 411038,hereinafter
calledthe DONEE, (which expression shall, unless repugnant to the context, mean
andinclude the said society, its present and future members, office bearers, executors,
administrators and assigns) of the Other Part.
WHEREAS the property bearing Final Plot No. 333,ofthe revenue village Kothrud,
TalukaHaveli, District Pune, described in further details in the schedule hereunder, is
owned and possessed by the present Donor;
AND WHEREAS the present Donee is a society registered under the Societies
Registration Act 1860 and is running a Medical College at Final Plot No. 332 of the
revenue village Kothrud, TalukaHaveli, District Pune;
AND WHEREAS the Donee had expressed its desire toestablish andrun acharitable
medical centre in the nearby area where the said property of the Donor is situated;
AND WHEREAS the Donee was in search of and looking for some Donor who
can donate a convenient plot of land for such purpose;
AND WHEREAS fortunately the Donor is the owner ofthe plot oflandjust adjacent
to the said Medical College run by the said society;
AND WHEREASthe intention of the Donee is to run, finance and manage a
charitable medical centre for providing service to the needy and poor people residing
in the nearby locality;
21. 484 Legal Drafting
AND WHEREAS the object and thinking on the part of the Donee is very high
for the general public especially those who are poor and needy of such help;
AND WHEREAS the Donor has decided to gift and donate the said plot of landto
the Donee for the purpose of constructing thereon a multi-storied building for providing
such service on charitable basis;
NOW, THIS DEED WITNESSES as follows:
l. That the Donor does hereby make a gift and transfer and convey unto the Donee
out of natural love and affection the property bearing Final Piot No. 332 of the
revenue village Kothrud, Taluka Haveli, District Pune, described in further details
in the schedule hereunder TO HAVEAND TO HOLD absolutely and FOR EVER
as the owner thereof.
2. That the Donee society hereby accepts the said gift made out to it by the Donor.
3. That the Donee shall get its name entered in the record of rights in respect of the
said property, and then, carry out the construction of a new multistoried building
for running the proposed medical clinic for serving the needy and poor public.
4. That the Donor has transferred the said plot of land and has conveyed the samein
favour of the Donee society today.
_5. That the Donee has already passed the necessary resolution in the meeting of its
committee of management and accepted the gift said gift made out to it by the
Donor.
6. That the Donor has today delivered the possession of the said plot of land unto
the Donee immediately on the execution of this deed of gift.
7. That the Donor does hereby declare that the said gift hereby made is revocabl
e,
and it has been made without consideration or reservation of any kind of benefit
in favour of the Donor.
8. That the Donee shall be the exclusive and absolute owner of the said property,and
the same shall henceforth be used by the Donee for the abovementioned purpose•
THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO
All that piece and parcel of land situate within the Registration Division District
Pune, Sub-Division Taluka Haveli, within the local limits Ofthe Pune Municipal
Corporation, revenue village Kothrud, bearing Final Plot No. 332, admeasuring 9,000
sq.ft. or thereabouts, and bounded by as follows:
22. 011
of
towards the East
011
or
towards the South
or
towardsthe West
LegalDrafting
Final Plot No. 334,
Final mot No. 337,
Final No. 339, and
Public Road.
Otlor
towards the North
WITNESS WHEREOF the parties hereto have signed hereunder at Pune the
abovementioned.
(Jose Kose Greenkarl
DONOR
(Hose Lose Redkarl
Chairman
Shree Anand Swami
Charitable Society,Pune.
DONEE
Witnesses:
l.sdl- xxx
2.Sd!-
xxx
23. 562
Chapter 150
Leave and LicenceAgreement
AGREEMENT is made at Pune this day of 20
BETWEEN
Shri ,age years, occupation ,resident of ,hereinafter
referred to as the LICENSOR, (which express shall, unless repugnant to the context,
mean and include his heirs, executors, administrators and assigns) of the One Part
Shri_B ,age years, occupation ,resident of ,hereinafter
referred to as the LICENSEE, (which express shall, unless repugnant to the context,
mean and include his heirs, executors, administrators and assigns) of the Other Part,as
follows:
WHEREAS;
on the floorin the
I. The Licensor is the ownerof a flat bearingNo.
building known as belonging to Cooperative Housing Society Limited
and situate at
2. The Licensee has approached the Licensor with a request to allow the Licenseeto
temporarily occupy and use the said Flat of the said building, admeasuring about
square feet for his residence and that of his family on leave and licence
basis until the Licensee gets other more suitable accommodation.
3. The Licensor has agreed to grant leave and licence to the Licensee to occupy and
use the said Flat on the following terms andconditions agreed to between theparties
hereto.
4. The Licensor has obtained the consent of the society to the flat being givenon
licence to the licensee.
NOW, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
1, The Licensor hereby grants leave and licence to the Licensee to occupy the said
Flat of the said of the Licensor (hereinafter referred to as the Licensed Premises)
for a period of eleven months from _ That is till the day of (inclusive)•
24. Legal Drafting 563
The Licensee agrees to vacate the saidpremises even earlierif theLicensee secures
any other accommodation in the locality where the said premises are situate.
2. The Licensee shall pay to the Licensor a sum of Rs.
at the rate of Rs. _ per square foot) asLicence fee or compensation
per month
to
(calculated
be paid in
advance for each month on or before the _ day of each month.
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
licensed premises will be paid by the Licensee to the authorities concerned and
the Licensor will not be responsible for the same.
5. The licensed premises will be used only for residence of the Licensee and his family
members and for no other purpose.
6. The licensed premises have normal electricity fittingsand 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 licence failing which they shall deemed to
be the property of the Licensor.
The licensed premises are given to theLicensee on personalbasis 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 shallbe taken up by the Licensee at any time.
8. 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.
9. 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 servants or agents, or member of his family, the same will be
made good by the Licensee at the cost of theLicensee either by rectifying the damage
or by paying cash compensation as may be determined by theLicensor's Architect.
10. The Licensee shall not carry out any work of structuralrepairsor additions or
alterations to the said premises. Only such alterationsor additionsas 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.
25. 564 Legal Drafting
11. The Licenseeshall not cause any nuisanceor annoyanceto the people in the
neighbourhoodor store any hazardous goods on the premises or outside.
12. IftheLicenseecommitsabreachofanytermofthis agreement,thennotwithstanding
anythingherein contained the Licensor will be entitled to terminate this agreement
byfifteendays' prior notice to the Licensee.
13. Onthe expirationof the said term or period of the Licence or earlier terminaüon
thereof,theLicensee shallhand overvacant andpeacefulpossession ofthe Licensed
premisesto the Licensor in the same conditionin which the premises now exist
subjectto normal wear and tear. The Licensee'soccupationof the premisesafter
such termination will be deemed to be that of a trespasser.
14. The licensee shall depositwith the licensoron the executionof this agreementa
sum of Rs. _ which will be refundableto the licenseeon the termination of his
licence by afflux of time or otherwise;withoutinterestbut subject to the deduction
of any amount payable by the licensee to the licensor under this agreement.
WITNESS WHEREOF the partiesheretohave put their hands the day and yet
first hereinabove written.
Signedby the withinnamed
LicensorShri
in the presenceof
Signed by the withinnamed
LicenseeShri
in the presenceof
26. 494
Chapter 136
Partnership-Deed
THIS DEEDOF PARTNERSIIIPmade at Pune this day of_ 20
BETWEEN
Shri SBJ, age 31 years, occupation - business, resident of 1100 Shivajinagar,pun
e
411016,hereinafter called the PARTYNUMBERONE, (which express shall,unless
repugnantto the context, mean and include his heirs, executors, administrators
and
assigns) of the First Part
Shri RMK, age 28 years ,occupation - business, resident of 1300 Kasba Peth,pune
411011, hereinafter called the PARTYNUMBERTWO, (which express shall,unless
repugnant to the context,mean and include his heirs, executors,administrators
and
assigns) of the SecondPart
Shri SKS , age 30 years, occupation - business, resident of 1400 Kasba Peth,Pune
411011,hereinafter called the PARTYNUMBER THREE, (which express shall,unless
repugnant to the context, mean and include his heirs, executors, administratorsand
assigns) of the Third Part.
WHEREASthe parties hereto are young, energetic, enthusiastic and exuberant
youths aspiring for their prosperousfuture;
AND WHEREASduring the recent past, they have come to grips, developed
intimacy and thought of some business to be done by them;
AND WHEREAS the parties hereto have proposed and fervently decided to give
a thought to such ideas on their part for finding out a propitious start to their future;
AND WHEREASthe parties hereto have accordingly decided to carry onthe
business of promoters ,developers,builders ,contractors and engineers in a partnershiP;
AND WHEREAS the parties hereto have worked out the terms and conditionsOf
their agreement and also decidedto reduce the same into writing;
NOW, THIS DEED WITNESSES ,and it is hereby mutually agreed by and between
the parties as follows:
27. Legal Drafting 495
That the parties hereto do hereby enter into a partnership and constitute themselves
into a firm.
2.
That the name of the firm shall be M/SAumChaitanya Promoters Builders, and
the registered office of the firm shall be at 1300,Kasba Peth, Pune 411011, or at
other place as may be agreed upon and decidedby and between the parties.
3. That the objects of the firm shall be:
(a) To purchase and acquire plots of land in and around the city OfPune or elsewhere
as may be mutually agreed upon by the parties;
To execute the schemesof constructionof multi-storeyedbuildingsconsisting
of residential flats, commercial shops and units to be sold on ownership basis or
otherwise;
(c) To acquire and purchasethe old structuresand buildings for the purpose of
constructingnew buildingsthereon;
(d) To undertake the work of constructionof houses,bungalows and buildings on
contract basis;
(e) To accept and allot such work of constructionfrom or to someother builders or
agencies;
(f) To complete the works of construction undertakenby the firm;
(g) To enter into agreements to sell plots of land, residential flats, commercial shops
and units;
(h) To purchase and sell residential flats, commercial shops and units constructed by
other builders;
(i) To work as technical and labour consultants for others;
(j) To operate as promoters,developers,builders, engineersand contractorsin the
fieldof constructionactivities.
(k) AND GENERALLY to do any and all other allied business that may be necessary
for effectively carrying out the abovementioned
objects.
4. That all the parties hereto shall contribute the capital, sharethe profits and bear the
losses equally.
5. That the partnership shall be at will, and any of the partnersmay retire from the
firm by giving a six months' notice in writing. However,no existingpartner shall
retire from the firm unless and until the satisfactoryexecutionand completionof
the first project already undertakenby the firm.
28. 496 Legal Drafting
6. That the firm may admit new partners only with the unanimous consentand
acceptance of all the partners.
7. That the accountingyear of the firm shall be according to the financialyear
commencingon the first day of the month of April in a year and endingonthe
thirtyfirstday of the monthof Marchof the followingyear.
8. That the firmmay open one or more accountswith the banks as may be agreed
upon by and between the parties, and such accounts shall be operated with thejoint
signatures of any of the two partners.
9. That the patties hereto as the partners of the firm shall be fully conscientious,and
they shall jointly and severally take all possible care to see that the tenor of the
business of their firmbeing inchoateshouldalways be smooth and ultimately only
profitable.
10. That all the partners shall have perforce to see that during the course of the business
of their firm, everyoneof them shallkeep away from any kind of atrocitiesand
also that the business of the firmshouldbe carried on for the benefit of the firm
and ultimately for the promotion of their own welfare ,and hence, they shall go the
whole hog.
11. That the parties do hereby declareand affirmthat during the lifetime of their firm,
any of the existing partnersmay conductsuch a business either independentlyor
in partnership with otherpersons,but that shall not affect or come in the wayof
the business of the firm.
12. That the parties hereto also hereby declare and affirm that insofar as the firmis
concerned, all the transactions shall be in the name of the firm alone ,and any private
dealing, if indulged into by anyone of them, shall be at the costs and risks of the
said individual in his private capacity, andthe firm shall neither be liable
nor has it any concern with such an illegal and unauthorised commitment.
13. That in case of anydispute as regardsthe working of the firm or interpretationOf
these presents, the parties hereto do hereby appoint and nominate Shri MLK, 1500
Kasba Peth, Pune 411011, as their arbitrator and they do hereby further agree and
undertaketo settledown suchissuesby him, and the decision given by the said
arbitrator shall be final,conclusive and binding on all the partners.
29. Legal Drafting 497
INwrTNESS WHEREOF the parties hereto have signed hereunder at Pune the
firstabovementioned.
date
Sd/- SBJ
PARTYNUMBER ONE
Sd/-RMK
PARTYNUMBER TWO
SU- SKS
PARTYNUMBER THREE
Witnesses:
1.
2.
Note: Some more drafts in respect of this Chapter of great importance will follow.
30. 715
Chapter 188
Franchise Agreement
This AGREEMENT is made on the day of BETWEEN
M/S.ABC Pvt. Ltd., a Company incorporated under the comapnies Act 1956, having its
Registeredoffice at (hereinafter referred to as the 'company' which expression
shall, whenever the context, so requires or admits mean include its successors and
assigns)of the one part.
AND M/SXYZ a registered partnership firmhaving its office at hereinafter
referredto as the 'AGENT', which expressionshall, unless the context so requires
or admits mean and include its Presentpartnersfor the time being, their heirs, legal
representatives, exectors, and permitted assigns) of the Other Part.
WHEREAS
(i) The 'company is internationallyrecognizedfor its educationaland scientific
Products and materials for children between the age-group 7 to 14.The wide range
of products and materials include scientifice toys ,self-experiment kits ,moulds etc. ,
such as beakers ,balances, testtubes, stands, moulds etc, books ,CD's encyclopedia
and such other goods.fie companypromotes,markets and sells its product under
and is its registered Trade Mark.
the name and style as
(ii) The Company is now keen onpromoting its educational and scientific products and
materials in the form of books,posters,pictures ,CD's etc.,under its aforesaid trade
name and trade mark by settingup a chain or retail outlets all over India directly
and also through stockiest,retailers, and franchises/agents.
(iii) The 'Agent' came to know of the saidintentionof the companyto appoint such
retailers, agents approachedthe 'company'andhas offered to set up an outlet in
city in India. The Agent has further represented that it has suitable premises
and the necessary infracture and facilities for running the outlet.
(iv) The Agent has assuredthat theAgentwill obtain all the necessarypermissions/
sanctions/licenses
as requiredby corporation/body/orany local authority.
31. Legal Drafting
716
NOWTHEREFORETHIS AGREEMENT WITHNESSTH THAT:-
I. The 'Company herey appoints m/s XYZ as itsAgent exclusively in the city
for a duration of 5 years (five years) from the date of execution of this agreement.
2. The company will provide theAgent with all the educational and scientific products
and materials manufactured and prepared by it to be displayed, Marketed andsold
from its outlet.
3. The name of the shop will be with the logo of the company displayed
disctinctly.
4. The Company' will keep the stock/Productmaterial with the Agentat at leastto
the tune of Rs. ______/-. The Agent will not pay anything to the Companyfor
the stock/inventory.
TheAgent will reveivethe consignmentfrom timeto time
and sell the same in retail as the price catalogue/pricelist given by the company.
The stock with the Agent at all times will be the property of the 'Company' andthe
Agent will have the right to sell it on retail basis.
5. AGENT OBLIGATIONS:
5.1 The Agent will employ all necessary personnel/staff to run and mange the business
of the retail outlet. The working hours of the retail outlet will be
PM. and it will remain closed on date.
52 The Agent will furnish a sale statement and stock statement quarterly.
5.3 In case ofany damage or loss to the Goods/Products and materials due to negligence,
lack of efficiency or improper handling or in any manner whatsoever by the agentor
its employers ,servants etce,then the Agent shall make good any such loss/damage
incurredby the 'company'immediatelyon demand by the Company.
5.4 The Agent will not through its partners either individually or in associationorin
any other manner whatsoevercarry on the business activity which is identical
or
similar to that of the Company.
5.5 The Agent has no right to pledge or hypothecatethe products/materials
ofthe
company.
5.6 TheAgent will be entitledto commissionof % on sales upto Rs.
and if the Agent exceeds the sales beyond that then % commission on it.
5.7 The Agent shall carry out the sale transactions only in cash.
5.8 The Agent undertakes to furnish an irrevocable Bank Guarantee for a sumOfRS'
in favour of the companywhich would cover the value of stock•
The
32. Legal Drafting 717
saidBankGuarantee shall be amended/modified if there is considerable rise in the
stockwith the Agents.
TheAgentshall keep the outlet neat, clean presentable at all times. The Agent
shallmakeevery effort to attactmore more customersfor the educational
scientificproducts and material.
0Itshalltake care of the stockwith reasonablecare and diligence. Inspite of the
reasonablecare and diligence exercised by the Agent if there is any loss or damage
tothe goods then the same shall be to the account of the company.
11It shallnot use the Company's TradeName and Trade mark in any other manner
otherthan the manner which is permitted and authorizedby the company.
.12Thecash received from sale of educational and scientific Products/materials shall
behanded over on monthly basis to the companyby the Agent.
COMPANY'S OBLIGATIONS:
Thecompanyshall pay to the agentcommissionof % in sales upto Rs.
if the Agent exceeds the salesbeyond that then % commission
onit based on the the sale price.The net sale price means the selling price of the
stocks excluding Sales Tax. Local taxes, other levies imposed. The company shall
forthwith pay commission on receivingthe monthly statement of sales and cash
receivedfrom sale there-of.
62 The company shall promptlysupplythe productsand materials to ensure that the
Agent gets adequate time to meet its monthly sales target.
63 The company shall keep the Agentindemnifiedagainst an claim, demand, loss by
reasons of infringment of Trade Mark, defect in product, short falls in the materials
etc.at all times.
64
city.The firm XYis appointed
shall not appoint any agent/stockiest
for
on exclusive basis.
65 If for any reason there is a delayin makingthe paymentof commissionto the
Agent, the company herebyundertakesto payinterestfor the delay if any at the
% per annym.
The durationof thesepresentsshallbe 5 years(Fiveyears) from the date of
execution of this agreement and canbe extended for such funher for period and
on such terms and conditions as mutuallyagreed.
33. 718
8. Termination:
This agreement shall stand terminated on the occurence of any of the following
8.1 By either party giving the other days notice writing
8.2 By the company unilaterally if the agent is (i) guilty of miscoundct, (ii) continuous
failure in meeting the sales target by theAgen (iii) commits brench of thisagreement
in any manner, (iv) the agents insolvency.
9. Dispute differences:
9.1 If any dispute or difference arises between the parties as to any terms and condition
under this agreement then the parties will first try and settle the same amicable
and give 15 days time to the party in breach to remove the breach and honourethe
obligations.
9.2 If the dispute or differences cannot be settled amicably the same shallbe referred
to arbitrator as per the applicable arbitration law.
IN WITNESS WHEREOF the patties have Signed the same on the date mentioned
hereinabove,
Witnesses
1.Authorised Signatory
of the Company
2.Authorised Signatory
of the Agent
34. 584
Chapter 159
Indemnity-bond for HousingLoan
THIS DEED OF INDEMNITY made and executed at Pune this .........day of
20
BETWEEN
The LIC Housing Finance Limited, a company established under the Companies
Act, 1956and having its corporate office at Mumbai Life Building, 45 Veer Nariman
Road, Mumbai 400 001 and Pune Area Office at Jeevan Shree, 1109University
Road, Pune 411016, hereinafter called the COMPANY,(which expression shall, unless
repugnant to the context, mean and include the said company, its successors, executors,
administrators and assigns) of the One Part
Shri Anchor Folkman Badsman, age 50 years, occupation - service, resident of
400 Rambag Colony, Ganesh Society, Kothrud, Pune 411038, hereinafter called the
BORROWER, (which expression shall, unless repugnant to the context, mean and
include his heirs, executors, administrators and assigns) of the Other Part,
WHEREAS all the piece and parcel of land at and bearing S. No. 152, Kothrud,
Taluka Haveli, District Pune (hereinafter referred to as the said land), is owned by Shri
Porter Carter Masters and others;
AND WHEREASthe said land was declaredas excess vacant land as per the
provisions of the Urban Land (Ceiling Regulations) Act, 1976 (hereinafter referred
to as the saidAct). Thereafter,the said owners applied for an exemption under Sec.
20 of the saidAct in respect of the said excess land for the consuuction of tenements;
ANDWHEREAS theGovernment ofMaharashtra ,asper the provisions of Sub-Sec.
1of Sec. 20 of the saidAct, exempted the said land from the provisions of Chapter Ill Of
the saidAct subject to different terms and conditions mentioned in the order issued by
the Secretary, Housing Special Assistance Department, Government of Maharashtra,
Mumbai and the Competent Authority, Pune Urban Agglomeration, Pune, bearing NO.
PUN/ dated (hereinafter referred to as said order);
35. AND WHEREAS by the agreement for development, dated
fav501
have enu-usted the development
rights in respect of the said exempted land in
M/S.sai Associates, 333, sadashiv Peth, Pune 411030,and said
developers are carrying out the construction of tenements on the said land subject to the
terms and conditions of the said ceiling order, dated .. ...... The said ownershave also
executed an irrevocable power of attorney in favour of the said promoters anddevelopers;
AND WHEREAS by an agreement, dated
to purchase a flat bearing No. 12 from the building No. C-9 to be constructed upon the
said land bearing S. No. 152, Kothrud, Taluka Haveli, District Pune•,
AND WHEREAS the said flat is more particularly described in the schedule written
hereunder (hereinafter referred to as the said flat);
0, AND WHEREAS the said has agreedto advancein aggregate sum of
Rs. 5 (Rupees Five Lakh Only) to the said Borrower as and by way of a loan
for the purpose of paying the purchase price of the said flat subject to the compliance
of different terms and conditions of the loan offer letter, dated
company and accepted by the said Borrower herein;
issuedby the said
AND WHEREAS the Borrowerhas assured the saidcompany that the above referred
ceiling order, dated issued under the saidAct has been legally granted and is valid
and in full force and in pursuance of the said assurance given by the Borrower, the said
company has agreed to lend and advance the amount oftheloan sanctionedtotheBorrower;
NOW, THIS DEED WITNESSES as under:
1. That the Borrower does hereby declare and confirm that he has got aclean, clear and
marketable title to the said flat, and the said order issued by the authorities under the
said Act is perfectly correct, legally valid and in full force, and the said order has
not been cancelled, withdrawn or deemed to have been cancelled and/or withdrawn
at any time, and it is further declared that the said concerned authorities which have
issued the said order are entitled to issue such order under the provisions of law.
2 That the Borrower does hereby agree and undertake to indemnify and saveharmless
the said company from and against all losses, damages,expenses,fees, liability,
penalties, actions, judgments, orders which may be caused or be suffered by the
said company or any loss/damage/destruction caused to the property offered as
security arising as a consequence of any defect or deficiency of whatever nature in
36. 586 Legal Drafting
the said order, dated and also due to any alteration, omission, cancellation
of the said order due to any judgment and/or order of any court and also dueto
any change in or amendment to the said Act.
3. That the Borrower hereby agrees and undertakes to indemnify and save harmless
the said Company from and against all losses, damages, expenses, fees, liability,
penalties, which may be caused or suffered by the said Company due to andas
a consequenceof withdrawal and/or breach of any of the conditions of thesaid
order by any concerned party or by the defect in the title of the said flat or thesaid
property or for any other reasons.
IN WITNESS WHEREOFthe Borrower has signed hereunder at Pune thedate
first abovementioned.
THE SCHEDULE
Flat bearing No. 12,on the second floor, in the building known as C-9, situatedat
S. No. 152, Kothrud, Taluka Haveli, District Pune.
[Anchor Folkman Badsman]
BORROWER
Witnesses:
1.Signature
Name
Address
2.Signature
Name
Address
37. Board Resolution Format
(To be printed on organization letter head)
CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF DIRECTORS
OF (Company Name) ___________________________________ HELD ON (Date) _______________
AT (Address) ______________________________________________________________________
RESOLVED THAT the company has decided to authorize, Mr. / Ms. _____________________________
___________________ having Permanent Account Number (PAN) _____________ and is hereby
authorized to sign and submit all the necessary papers, letters, forms, etc to be submitted by the
company in connection with “authorizing any of the personnel of the company (applicant) to enrol for
Digital Certificate (DSC/eSign)”. The acts done and documents shall be binding on the company, until
the same is withdrawn by giving written notice thereof.
RESOLVED FURTHER THAT, a copy of the above resolution duly certified as true by designated director
/ authorised signatory of the company be furnished to eMudhra Limited and such other parties as may
be required from time to time in connection with the above matter.
For the Organization,
(Seal Signature)
Name: __________________________________
Designation: _____________________________
38. 676
Chapter 178
Deed of Family Understanding
THIS DEED OF FAMILY UNDERSTANDING made and executed atPune
this
day of 20
BETWEEN
Smt. BOLT,age 35 years, occupation- service, resident of
hereinafter
referred to as the PARTYNUMBER ONE, (which expression shall, unless
to context, mean and include her heirs, executors, administrators and assigns)PARTY
OF THE ONE PART
Shri MOLT,age 35 years, occupation - service, resident of hereinafter
referred to as the PARTYNUMBER TWO, (which expression shall, unlessrepugnant
to context, mean and include his heirs, executors, administrators and assigns)PARTY
OF THE SECOND PART
Shri COLT,age 45 years, occupation service, resident of hereinafter
referred to as the PARTYNUMBER THREE, (which expression shall, unless repugnant
to context, mean and include his heirs, executors, adminisü•atorsand assigns)PARTY
OF THE THIRD PART
Smt. NOLT,age 40 years, occupation - service, resident of hereinafter
referred to as the PARTY NUMBER FOUR, (which expression shall, unless repugnant
to context, mean and include her heirs, executors, administrators and assigns)PARTY
OF THE FOURTH PART.
WHEREAS the Party No. 1 is a widow of the Late Shri SOLT;
AND WHEREAS the Party Nos. 2 and 3 are sons of the Party NO.1;
AND WHEREAS the Party No. 4 is the daughter of the Party No. 1;
AND WHEREAS the Late Shri SOLT,who had made his last will, on
AND WHEREAS as per the said will of the Late Shri SOLT,he has given theright
to enjoy the benefits of the income, and, if necessary, get the benefit of the shareandof
the fixed deposit receipts as enlisted in the schedule annexed hereto;
39. I-egal Drafting
ANDWHEREAS it has been provided in the said will that the PartyNo. 1 shall
takelifetimeinterest, and thereafter, i.e. after her death, the said propertybeingthe
reminderthereof shall go to firstly to the Party Nos. 2, 3 and4; secondlytotheDeosthan,
i.e. in Karnataka, and thirdly to the social cause
andeducational purpose, that is the Party Nos. 2, 3 and 4 approached the Party No. 1,
i.e.their mother and requested that what is payable after her death shall partly be paid
duringher lifetime and considering the need of the children she agreedtherefor;
AND WHEREAS as a consequenceofthe discussion anddeliberations,therewasa
Ifamilyunderstanding which they have decided toreduce intowritingbeingthesepresents;
NOW, DEED OF FAMILY UNDERSTANDINGWITTNESSESas under:
1. That the parties have agreed that the income arisingout of the saidsecurities,fixed
deposits, shares, etc. shall be paid proportionately to the PartyNos. 2, 3 and4, and
there shall be two separate accounts opened for theDeosthan purpose and another
for social educational purposes.
2. That the proportionate money is to be depositedform each of the securities/income
in those accounts.
3. That the parties Nos. 2, 3 and 4 here irrevocablyagree that such an amount so
deposited during the lifetime as well after the death of their mother, i.e. Party No.
1, who shall be entitled to utilize only for the purpose of the Deosthan and social
cause, and none of them shall claim anythingout of the said two accountsso
maintained.
4. That all the parties shall make their best efforts to honour and respect the wishes
of the Late Shri SOLT,
5. That this understanding is in furtherance and to give effect to the said will of the
Late Shri SORT.
IN WITNESS WHEREOF the parties hereto have signed hereunder at Pune the
date first abovementioned.
[BOLTI
PARTY NUMBER ONE
[MOLT]
40. Legal Drafting
678 PARTY NUMBER TWO
[COLT]
PARTY NUMBER THREE
[NOLT]
PARTY NUMBER FOUR
Witnesses:
1. Sd/- xxx
2. Sd/- xxx
41. Non-Disclosure Agreement Template (India) | OS v.1 | November 2016
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NON-DISCLOSURE AGREEMENT
This non-disclosure agreement (“Agreement”) is dated [__] (“Effective Date”) and is entered into by and between:
[__] (“Party 1”)
AND
[__] (“Party 2”)
Party 1 and Party 2 are hereinafter referred to individually as a Party and collectively as the Parties. Wherever the
context requires, the Party disclosing the confidential information shall be referred to as the “Disclosing Party” and
the Party receiving the confidential information shall be referred to as the “Receiving Party”.
Whereas:
A. Party 1 engages in [__] and Party 2 engages in [__].
B. The Parties wish to collaborate and enter into discussions for the purpose of [__] (“Purpose”) and wish to
keep such discussions confidential.
Now therefore, in consideration for the mutual promises and covenants set forth herein, the Parties agree as follows:
1. “Confidential Information” shall mean and include all non-public information, written or oral, disclosed,
directly or indirectly, through any means of communication or observation (including oral, graphic, written
or electronic form) by the Disclosing Party or any of its affiliates or representatives to or for the benefit of
the Receiving Party from the Effective Date, irrespective of whether such information: (a) has been
specifically marked as “confidential” at the time of disclosure; (b) is treated as proprietary information by the
Disclosing Party; or (c) is owned or developed by the Disclosing Party.
2. Confidential Information shall include any financial, business, proprietary or technical information of the
Disclosing Party.
3. All such Confidential Information shared under this Agreement shall be used by the Parties exclusively for
the Purpose and neither Party shall disclose or otherwise use the Confidential Information for any other
purpose or in any other manner without the prior written approval of the Disclosing Party.
4. The Confidential Information shared under this Agreement may be disclosed by the Receiving Party to other
employees on a need to know basis, with written consent from the Disclosing Party, in connection with the
Purpose, and who shall protect the Confidential Information in accordance with the terms of this Agreement.
5. The Receiving Party shall protect the Confidential Information in the same manner as it would protect its
own confidential information.
6. The confidentiality obligations under this Agreement shall not apply to Confidential Information which:
a. was in the public domain or generally available to the public prior to receipt thereof by Receiving
Party from the Disclosing Party, or which subsequently becomes part of the public domain or
generally available to the public other than as a result of a breach of this Agreement by Receiving
Party;
b. was in the possession of Receiving Party prior to receipt from the Disclosing Party;
c. is later lawfully received by Receiving Party from a third party without any confidentiality
restrictions applicable;
d. is independently created or developed by the Receiving Party without use or reference of the
Confidential Information of the Disclosing Party; or,
e. is required to be disclosed by operation of applicable law.
7. Notwithstanding anything to the contrary contained in this Agreement, Confidential Information may be
disclosed as required by applicable law, regulations or governmental procedure, provided the Receiving Party
notifies the Disclosing Party prior to such disclosure, unless prohibited by law, so as to afford the Disclosing
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Party reasonable opportunity to object or seek an appropriate protective order with respect to such
disclosure.
8. The Receiving Party agrees not to issue or release for publication any articles or advertising or publicity
matter relating to this Agreement which mention or imply the name of the Disclosing Party any of its
affiliates, or subject matter hereof, unless prior written consent is granted by the Disclosing Party subject
only to Clause 7. The Receiving Party shall make such amendments to any such press release or public
statement as are reasonably requested by the Disclosing Party.
9. No transfer of intellectual property right either by way of assignment or license is either granted or implied
by the disclosure of Confidential Information to the Receiving Party. The fact that Confidential Information
is disclosed to the Receiving Party shall not be deemed to constitute any representation, warranty or
inducement by the Disclosing Party of any kind (including of its accuracy or correctness) with respect to the
Confidential Information, including without limitation, which such use will not infringe on intellectual
property rights of any third party.
10. The Receiving Party shall, upon the request of the Disclosing Party or upon the termination of this
Agreement, return to the Disclosing Party all Confidential Information, including drawings, documents,
reports and other tangible manifestations of Confidential Information received by the Receiving Party
pursuant to this Agreement, together with all copies and reproductions thereof.
11. This Agreement shall be effective as of the Effective Date and shall terminate on the delivery of written
notice of termination from either Party; provided, however, that the obligations of the Receiving Party under
this Agreement shall remain in effect for a period of [__] years from the date of termination.
12. This Agreement shall be governed and construed in accordance with the laws of India. The competent courts
at [__] India shall have the sole and exclusive jurisdiction over any dispute that arises in relation to this
Agreement.
13. The Partner represents and covenants that its performance of this Agreement does not and will not breach
any agreement it has entered into or will enter into with any third party. The Partner agrees not to enter into
any written or oral agreement that conflicts with the provisions of this Agreement.
14. The individuals executing this Agreement represent and warrant that they are empowered and duly
authorized execute this Agreement on behalf of the parties they represent. Each Party represents and
warrants to the other Party that it is authorised to execute this Agreement and is competent to discharge the
obligations under this Agreement.
15. Nothing in this Agreement will be construed to create a partnership, joint venture, franchise, fiduciary,
employment or agency relationship between the parties. Neither Party has any express or implied authority
to assume or create any obligations on behalf of the other or to bind the other to any contract, agreement or
undertaking with any third party.
16. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or
unenforceable, the remaining provisions shall remain in full force and effect.
17. This Agreement contains the full and complete understanding of the parties with respect to the subject
matter hereof, and supersedes all prior representations and understandings, whether oral or written. This
Agreement may be amended only in writing by mutual agreement of the Parties.
IN WITNESS WHEREOF, the parties have executed this Agreement under seal as of the Effective Date.
Signature Name Designation Organisation
Party
