Unit II

Que.1 Petition for Judicial Separation under Section 10 of the Hindu

Marriage Act, 1955

Ans:- Introduction:- Judicial Separation is a formal separation between a

married couple or those in a civil partnership which has the effect of ending

the marital/partnership obligations between the couple but, fundamentally,

does not terminate the marriage/partnership. Legally, therefore, the couple

will still be married/civil partners, however, a judicial separation allows them

to separate their finances and apply to the Court for financial orders.

A judicial separation is usually chosen by married couple/civil partners instead

of divorce/dissolution for moral, personal, cultural or religious reasons where

perhaps a divorce/dissolution is not generally accepted.

IN THE COURT OF PRINCIPAL/DISTRICT JUDGE FAMILY COURT, PATIALA

Petition No. ……. of 19......

P………(for eg : Female)D/o :……………….resident of …………….…………Patiala

……………..Petitioner

vs

R…………..…(for eg Male)S/o : ………………… resident of : ………………Patiala

……………….Respondent
Sub: Petition under Section 10 for Judicial separation of the Hindu Marriage

Act, 1955

The Petition submits as under:

1. That the petitioner was married to the respondent on the …….. day of

…….198….. According to Hindu Vedic rites at ….. The said marriage has not

been registered with the registrar of Marriage.

2. That before and after the marriage the petitioner and the respondent were

Hindus by religion and are domicile of Patiala.

3. That before the marriage, the petitioner was a spinster aged about 22 years,

and the respondent was a bachelor aged about 25 years.

4. That since the solemnization of the said marriage and up to …….. day ……….

1987, the petitioner and the respondent lived and cohabited together as wife

and husband at…….

5. That by the said marriage the petitioner and the respondent have had one

son named………… aged about two years. The said son lives with the petitioner.

6. That since the ………. Day of ……..1987, the respondent has on several

occasions abused the petitioner in the presence of the petitioner’s father and

the respondent expelled the petitioner from the marital home on the ……. Day

of ……..1987 and since then the petitioner has been residing with her parents
at ……. The petitioner did her best to live and cohabit with the respondent, but

the respondent is not taking the petitioner to the marital home.

7. That since the …….day of ……..1987 the respondent has deserted the

petitioner without any reasonable cause and since then the respondent has

been living at ……… separately even from his parents.

8. That the respondent is having the relation of sexual intercourse with …… of

……… and the petitioner has come to know of the same on the …….. day of

………..1987 from several women of the locality. The petitioner craves leave of

the Honourable Court to refer to and rely upon their oral evidence whenever

necessary. The petitioner has not in any manner been accessory to or connived

at, or condoned such act of the respondent.

9. That the respondent mischievously and maliciously charged the petitioner of

committing adultery abused her in different ways and treated her with such

cruelty as to cause a reasonable apprehension in the mind of the petitioner

that it will be harmful or injurious for the petitioner to live with the

respondent.

10. That there is no collusion with the respondent in presenting this petition.

The petition is being filed without any unnecessary or improper delay.

11. That the said marriage was solemnised at ……… and the petitioner and the

respondent have been residing at………. which is situated within the ordinary
local limits of this Court, therefore, this Hon’ble Court has got jurisdiction to try

and entertain this petition.

12. That the notional value of the petition is Rs…….. ; and the Courtfees stamp

of the fixed amount has been affixed hereon for the purpose of jurisdiction and

Court-fees.

The petitioner, therefore, prays that:

(a) The Hon’ble Court may be pleased to grant the maintenance pendent lite at

the rate of Rs. 5000 p.m. in favour of the petitioner.

(b) The respondent be ordered to pay the costs of this petition to the

petitioner.

Submitted by
Sd/- Petitioner
Through Counsel
Petitioner’s Advocate
Verification:-

Verified at Patiala on this ………..day of june 2024 , that the contents of para 1

to 10 of the petition are true and correct to the best of my knowledge & belief

and the contents of rest of paras are deemed to be correct on the basis of legal

advice sought from my counsel,and nothing has been kept concealed therein.

Sd/-
Petitioner
Que.2 What is the meaning of maintenance proceeding? Draft an application

of Maintenance Proceedings.(crpc 125 maintenance)

Ans:- The main aim of sec 125 is to protect the rights of wife , children &

parents. One person is bound by law to maintain his wife, children & parents .

A periodic monetary sum is paid by person for the benefit of other upon

separation or dissolution of marriage and also called alimony. The laws of most

countries make man liable to maintain his wife and his minor children who are

unable to maintain themselves whether they are legitimate or illegitimate.

Ordinarily, a child or a deserted or divorced wife cannot be expected to be in a

position to institute a civil suit and to wait for several years for its decision. As

such this may create a hardship if the wife or child had to wait in poverty till

such a suit was finally decided. To avoid this situation, the Code of Criminal

Procedure makes provisions for a cheap and speedy remedy for enforcing the

obligation of a husband or a father. Like childrens , Parents are also

entitled under the new Code.

The remedy and its procedure are incorporated in Sections 125(maintainence )

to 128(enforcement of maintainence) of Chapter IX of the Cr. P.C. whereby

Magistrates of the first class are empowered to make necessary and

appropriate orders.

Application for Maintenance

Assume that a young man of considerable means developed friendship with a

young girl who was his neighbour. The girl’s mother was dead and the girl used

to be alone in the house during day, as her father used to go to his work. The

girl’s case is that she gave birth to an illegitimate child from her above named

boy friend. There was a proposal of marriage by the girl’s father before the

illegitimate child was born. The young man declined the offer of marriage and

neglected to maintain the child.

IN THE COURT OF PRINCIPAL/DISTRICT JUDGE , FAMILY COURT , PATIALA

Maintenance Petition No……….of 19……

A, D/o : of X, aged about 18 yrs. Occupation household resident of…………………

…………Petitioner

vs

B, S/o : of Y, aged about 25 years, Occupation business, resident of……………….

………….Respondent

In the matter of petition for maintenance u/s 125 of the Cr. P.C.

The petition submits as under :-

1. That the petitioner has been residing with her father as above at Patiala. Her

mother died when she was a child. The applicant is the only child to her father

and is aged about 18 years.

2. That the respondent resides alone in the opposite flat in Saket Bhavan and is
a bachelor. He is a cloth merchant having two shops in the city and has a

flourishing business.

3. That since the death of her mother the applicant used to be alone at home

when her father went to attend his work in the factory. The respondent was on

visiting term with the applicant was alone at home during the day, the

respondent started visiting the residence with a view of cultivate friendship

with the applicant and ultimately under pretext of marriage seduced the

applicant to illicit intercourse.

4. That believing on the promise and words of the respondent, the applicant

gave all herself to him and in consequence the applicant became pregnant

which fact she could not conceal from her father. The applicant’s father

requested the respondent to marry the applicant as it was the only honourable

course left to her which the respondent flatly refused.

5. That as ill luck would have it on the 6th of August, 19….. The applicant

delivered a child at the Civil Hospital at Karnal. A copy of the child’s birth

certificate is annexed hereto and is marked exhibit “A” The applicant and her

father repeatedly requested the opponent to make provision for the child but

now he even goes to the extent of threatening the applicant and her father

that he would have them cut to pieces.

6. The respondent is a rich man having an income of Rs. 5,0000 a month and in
the last year has paid an income tax of Rs. 8,000.

7. In the circumstances, the applicant prays that the respondent be ordered to

pay a monthly allowance of Rs. 25000 for the maintenance of the said

illegitimate child that is born to the applicant and that the same be paid to the

applicant with retrospective effect from the date of birth of the said child.

Sd/-

Applicant/Petitioner

Sd/-

Through Counsel.

Verification:-
Verified at Patiala on this ………..day of june 2024 , that the contents of para 1
to 10 of the petition are true and correct to the best of my knowledge & belief
and the contents of rest of paras are deemed to be correct on the basis of legal
advice sought from my counsel,and nothing has been kept concealed therein.
Sd/-
Petitioner
Attached documents are under :
Affidavit of petitioner , Vakalatnama , Talbana form , farihasat dastavej ,
aadhar card, other relevant documents

Que.3 Form of Bail Application

Ans. Introduction:- Bail is a legal agreement that allows a person accused of a

crime to be released from custody before their trial. The purpose of bail is to

ensure that the accused appears in court on the scheduled date.

A bail application is a written request made to a court by an accused person or

their legal representative seeking release from custody pending trial or other

legal proceedings. The court will consider the application and decide whether

to grant bail or dismiss the bail.

Let us draft an application for bail on the following facts:

An accountant of a village is put up for an offence under Section 409 of the

Indian Penal Code (Criminal breach of trust by a public servant). The

prosecution case against him is that he failed to send to the Government

treasury an amount of Rs. 2.50 out of the amount he had collected as land

revenue. The offence under Section 409 is cognizable and non-bailable offence.

The accused is an old man of 55 years of age and comes of a respectable

family. He has been arrested and is an under trial prisoner.

IN THE COURT OF THE JUDICIAL MAGISTRATE,1st class, PATIALA

Misc. Appn. No……………………… of 1987

State …………..Complainant

vs

XYZ ……..Accused
 FIR No. 70 dated 26.02.2023
U/s 323 of IPC Act
P.S. Zirakpur
Application for Regular Bail application under
section 437 of Cr.P.C. for grant of bail to the
accused/applicant.

Respectfully Showeth :,

1. That The accused was arrested by the Haveli Police station on the 25th of

November, 1987 under Section 409, I.P.C., and is in Police custody for the last

ten days.

2. The main allegation is that the accused who is a Talathi (revenue officer) of

the village Rampur, in the capacity of a public servant has failed to account for

a paltry sum of Rs.2.50 to the Government treasury, and has thereby

committed criminal breach of trust.

3. Though the offence is a non-bailable one, yet considering such a small

amount involved, it is highly improbable that he would even think of

misappropriating such a paltry sum; there must be some honest mistake on

the part of the accused concerned which can well be attributed to his old age.

4. The accused is a respectable family man and has roots in his society. The

accused has immovable property of his own and he is not likely abscond.
5. Under the above circumstances it is requested that the accused may be

released on bail. The accused is ready and willing to give such surety as the

Court would be pleased to order.

And for this act of kindness the accused as in duty bound shall ever pray.

Submitted by :

Dated………….. Applicant / accused

Through Counsel

Advocate for Accused

File Vakalatnama & affidavit of the accused along with this bail application. But

if the application is not signed by the accused himself then it is not necessary.

In that case the application should mention that “the accused begs to state as

follows”).

Que.4 Define the term Conveyancing? Explain the essential parts of

conveyancing. OR Explain the essential parts of a deed.

Ans:- Meaning : Conveyancing is the art of drafting of deeds and documents

whereby land or interest in land i.e , immovable property , is transferred by

one person to another , but the drafting of commercial and other documents is

also commonly understood to be included in the expression.

Sec 205 of Law of Property act 1925 : provides that the conveyance includes

mortgage , charge , lease , assent, vesting declaration, vesting instrument,

disclaimer, release and every other assurance of property or of any interest

therein by any instrument except will.

Section 2(10) of Indian stamp act 1899 : includes a conveyance on sale and

every instrument by which property whether movable or immovable , is

transferred inter vivos and which is not otherwise specifically provided by

schedule 1 of the act.

Sec 5 of Transfer of property act 1882 : makes use of the word ‘ conveyance”

in the wider sense as referred to above.

Thus , conveyance is an act of conveyancing or transferring any property

whether movable or immovable from one person to another permitted by

customs , conventions and law within the legal structure of the country.

As such , deed of transfer is a conveyance deed which could be for

movable or immovable property and according to the TPA 1882, transfer may

be by sale , lease , gift, exchange, by will or bequeathment, But acquisition of

property by inheritance does not amount to transfer under the strict sense of

legal meaning.

Conveyancing is a binding art that is enforceable in a court of law. A

conveyance deed is therefore , a contract in which the seller transfers all rights

to the legal owner. The purchase of property is not complete without a valid

conveyance deed.
History of Conveyancing

In India the forms of conveyancing are based on the present English forms. No

legislation in India has ever been passed on the law of conveyancing.

Conveyancing in India is not unknown as the words, “Qabuliyatnama”,

‘Jagirdar’, ‘Muafidar’ and ‘Charpatra’, etc. are occurring from ancient days in

the Indian literatures.

Deed : A deed is a signed legal document/instrument that transfers

ownership of an asset to new owner . Deeds are most commonly used to

transfer ownership of movable / immovable property between two parties.

The purpose of deed is to transfer the title , the legal ownership of property or

asset from one person to another.

Components/ Contents of Conveyance Deed

The actual demarcation of the property .

Other rights annexed to the property and its use .

The full chain of titles , i.e all legal rights up until the present seller .

The method of delivery of the property to the buyer.

A memo of the consideration, stating how it has been received .

Any further applicable terms & conditions for the full transfer of ownership

rights.
1. Description of the Deed: A deed usually begins with the name of the deed,

i.e., document of transaction to which it relates. For instance, “This Deed of

Sale”, “This Deed of Mortgage”, “ The Deed of Gift”, etc. and this expression

may be written preferably in capital letters.

2. Date of the Deed: A deed should be dated so that it may not be necessary to

determine the date of the deed. This date is the date of the execution which is

material for the purpose of limitation, mutation, registration and the passing of

title. For instance, “The Deed of gift made on the last day of January, 1975”

(The figure 1975 should preferably be written in words).

3. Parties to the Deed: The name of the parties should begin with the word

‘BETWEEN’ in capital letters. The name of the transferor along with his

approximate age should be written first, and then his or her father’s name, full

address and then his profession, trade or business comes.

4. Recitals: Recitals shall contain a brief history of the property forming the

subject matter of deed up to its vesting in the transferor. It should also

mention the reason by which the present grantor has been enabled to make

this grant. This is technically called narrative recitals.

5. Testatum: This is a witnessing clause and forms operative part of the deed.

It contain consideration for which the transfer is made. Usually, it begins with

the words, “NOW THIS DEED WITNESSES”.

6. Consideration: The consideration of the document should be specifically and

explicitly mentioned.

7. Receipt: It is in the context of acknowledgment of having received the

consideration in whole or in part by the grantor from the grantee and token

whereof the receipt is mentioned.

8. Operative Words: The following words are usually used to denote its

operation. For instance, ‘grants’, ‘agrees’, ‘conveys’, ‘assigns’, ‘sells’,

‘transfers’, etc.

9. Parcels: This is a brief description of the property which is the subject matter

of the deed. Usually a schedule of the property with its full description is given.

If necessary a plan is also attached.

10. Covenants: Sometimes in case of a particular transaction a covenant

becomes necessary to be imposed upon and from either party to the deed.

These covenants are restrictive as well as positive as the nature of the

transaction permits to the parties. For instance,” Parties hereto mutually agree

with each other as follows” after this some special terms and conditions may

be stated.

11. Testimonies: This part of the deed mentions about the fact that the parties

of the deed have signed it. This part appears to be superfluous as the fact of
the execution of the deed is necessary and without signature or thumb

impression execution of the deed does not become possible.

12. Signatures and Attestation: Finally, a deed should be signed by the

executants in the presence of the attesting witnesses who shall also put their

respective hands in the deed.

Other Requirements of Deed

1. Parties must be competent to contract: The parties to a deed must be

competent to contract, and they should not be minors or persons of unsound

mind or otherwise disqualified by any other law to which they are subject.

2. Signatures and Attestations: If parties to a deed are illiterate or anyone of

the executants is illiterate, the deed must be read over and explained to him

thoroughly in the presence of uninterested and independent witnesses.

3. Stamp Duties: Stamp duty is required for all the instruments of transfer

under the provisions of the Indian Stamp Act.

4. Registration: A deed if compulsorily registrable must be registered within

four months of its execution under the Registration Act or under any other law

in order to make it effective.

Difference between conveyance deed & Sale deed

The term conveyance deed & sale deed are often use interchangeably and

while they refer to the same contract, there is a subtle difference between

two.

All sale deeds are conveyance deeds but conveyance deed can also

includes gift , exchange , mortagage and lease deeds.

Procedure for obtaining conveyance deed : the conveyance deed are

governed by the registration act 1908.

It is executed on non judicial stamp paper & registered by presenting it at the

nearest registrar’s office.

Once the registration is done , the stamp duty & registration fee have to be

paid. The stampduty & registry charges are different state wise .

Object and functions of conveyancing

Ans.:- Moveable properties may be physically given and taken by actual

delivery, while this is not possible in case in immovable properties. Thus,

conveyancing is that branch of the law of transfer of property which deals with

the mode and form of transfer to which both— the transferor and the

transferee have agreed upon. Its main object is to enable of real property to

make voluntary transfers of their right, title and interest in whole or in part, or

to transfer or create any specific interest therein for some specific purpose and

for a specified period. Such transfers are not otherwise possible than by
conveyancing.

Objects/ importance of conveyancing :

To affirm the intention of the parties .

To settle the conflicting claims between the parties .

To convey the perfect title.

It is helpful to the court of tribunal.

It is best evidence admissible in law.

To save the time & expense of the parties.

Que5:- Define sale deed

Ans:- Section 54 of the Transfer of Property Act, 1982, defines sale. It says that

a sale is a transfer of ownership in exchange for a price paid or promised, or

part paid and part promised.

A sale deed is an essential document through which the ownership of a

property is transferred from one person to another. A sale deed of property is

necessary for purchasing and registering a property. The property is

registered based on the details mentioned in the sale deed. The buyer of a

property mentioned in the sale deed property will become the new legal owner

of the property after its registration.

The meaning of sale deed refers to a legal document that outlines the terms
and conditions of the sale. It is executed by the seller and the buyer for the
transfer of ownership of the property. It outlines the important information
regarding the price to be paid for buying the property, description of the
property, how and when the property ownership will get transferred to the
buyer, etc.

It is an essential document as it is the proof of ownership of the property. It

legally reports the proof of the sale of property from the seller to the buyer.
The sale/purchase of the property is not legally complete until the sale deed is
signed by the buyer and the seller and is registered.

Execution of a Sale Deed?

As per the Indian Registration Act, 1908, an agreement for the transfer of an
interest in immovable property of value more than Rs.100, is required to be
registered. Thus, the sale deed of a property, such as a flat, building or land
must be registered for the sale to be legally valid. The sale deed is executed
by two parties, i.e. seller and buyer. The seller is the person who is selling or
transferring his/her ownership of a property. The buyer is the person who
purchases the ownership of a property for consideration.

The sale deed must be registered in the local Sub-Registrar’s office. An

unregistered sale deed has no value in the eyes of law. The sale deed is
made on non-judicial stamp paper, that is purchased as per the value
prescribed by the stamp duty act of a state.

The amount of stamp duty levied on properties differs from one state to
another. The charges on stamp duty vary from 4% to 6% on the property’s
sale value. The sale/purchase of a property is valid when the sale deed is
registered by a Sub-Registrar and when the buyer and seller sign it in the
presence of at least two witnesses.
Agreement to sell property

An agreement to sell is a legally binding document that outlines the terms and

conditions of a transaction between a buyer and a seller. It's an essential tool

that helps prevent misunderstandings and disputes by clearly defining the

expectations and responsibilities of each party involved.

The legal definition of an agreement to sell is a contract between a buyer and a

seller that sets out the terms and conditions for the sale of goods or services. It

is an important document that establishes the intent of the parties to buy and

sell the property and the terms of the sale, including the purchase price,

payment schedule, possession date, and other important conditions.

Sale Deed Sale Agreement

A sale deed is an actual transfer of A sale agreement is a promise of a future

ownership of a property. transfer of property ownership.

A sale deed refers to the immediate and A sale agreement indicates the sale of the
complete sale of the property. property in the future.

Under the sale deed, the buyer is Until the sale of the property, the seller is
responsible for the risk associated with the responsible for bearing the risk associated with
property. the property.

A sale agreement is an executing contract, i.e.

A sale deed is a contract that is executed.
yet to be executed in the future.

A breach of sale results in a legal case for

A breach of the sale agreement results only in a
monetary compensation in the form of
suit for damages.
damages, injunction or execution.

The registration of the sale agreement depends

It is mandatory to register a sale deed and on the rules of the state. Registration is
the buyer is liable to pay the stamp duty. mandatory in some states while it is not
mandatory in other states.

Under the sale deed, the rights and claims

The sale agreement only gives the buyer the
of the property are handed over to the
right to purchase a property in the future.
buyer.

The sale deed includes information related

The sale of the agreement only includes terms
to the parties involved, property and
and conditions based on which the sale of the
payment details, along with other
property will be executed.
information.
Que. 6 Draft a Gift Deed

Ans:- Definition:- A gift is a kind of species of transfer. Section 122 of the

Transfer of Property Act, 1882, defines gift. It says “gift is the transfer of

certain movable or immovable property made voluntarily and without

consideration, by one person, called the donor, and another, called the donee,

and accepted by, or on behalf of the donee”. The acceptance of the gift must

be made during the life of the donor, while he is still capable of giving it, and

should be accepted before the death of the donee.

Que: Mortgage deed

Mortgage deeds are official documents that prove the terms of a loan between
a borrower and lender. Mortgages guarantee that loans will be repaid and give
the lender the legal power to repossess the mortgaged property if the
borrower defaults. The mortgage deed grants the lender the legal authority to
foreclose on the property in the event of default on the debt.

The mortgage deed is an integral aspect of the loan agreement since it is a

legally binding contract between the borrower and the lender. The deed spells
out every facet of the loan, from the principal to the interest rate to the
repayment plan and any extra fees or penalties. This document includes the
lender's right to foreclose on the property if the loan is not repaid and the
borrower's obligations and rights.

The person who mortgages his property against the loan is called “Mortgagor.”
Whereas the person to whom the property is mortgaged is called Mortgagee”
 and the terms and conditions related to mortgages are contained in the
“Mortgage Deed”.

LEASE DEED
Lease deed : also known as are official agreements mutually agreed upon by

the landlord and tenant regarding their right while leasing out a

property. The lease deed should cover essential aspects such as

the lease term, rent amount, permitted usage of the property, and

any specific conditions or restrictions agreed upon by both parties.

Lease Deed is a written legal document that makes a lease agreement official.

This document is crucial for legal purposes, especially if there’s a

dispute and you need to prove the terms of the lease in a court of

law. If a lease goes on for more than a year, the lease deed must

be registered according to the Registration Act of 1908.

A lease deed should include:

 Information about the property’s type, size and where it’s located.

 How long the lease will last.

 The amount of rent or lease payment agreed upon.

 What happens if the lease needs to end.

 How disputes will be resolved and where any legal issues would be handled.
Que.7 A Deed of Exchange of Properties.(exchange deed)

Ans:- Definition:- According to Section 118 of Transfer of Property Act,

1882, When two persons mutually transfer the ownership of one thing for the

ownership of another, the transaction is called an "exchange". E.g. Transfer of

Mobile phone in lieu of Bike, Money for money etc.

Que.8 What do you mean by will. Draft a specimen of will

Ans:- Definition - Section 2(h) of the Indian Succession Act, 1925, defines a

will. It declares that “will mean the legal declaration of the intention of a

testator with respect to his property which he desires to be carried into effect

after his death”. The person making such declaration is called the “testator”

and the person to whom the execution of the last will of a deceased person is

by the testator’s appointment confided is called the “executor”

Will- The mental faculty or power or capacity by which a person may control

his conduct, choose his course of action, and direct it towards the attainment

of certain ends. Willing is a capacity distinct from knowing and from reasoning.

SPECIMEN OF WILL, BEQUEATHING ALL PROPERTY

I, .........son of ......aged about years, resident of .......do hereby make this my

will and testament, this ......the day of 19...... at....... ; and I hereby revoke all

wills (earlier)and codicils and other testamentary dispositions by me at any

time hereto before made, and declare this to be my last will. It will take effect
after my death. It is my wish and desire that after my death my wife Ms…..

Shall be entitled to all my estate and effects thereof.

I, hereby, leave give and bequeath absolutely and forever to my said heirs,

executors and assigns for her use and benefits absolutely and forever all that

my property, movable and immovable, standing and subsisting in my name on

the day of my death. Accordingly I declare her as my sole beneficiary and

legatee of my this will. And I, hereby, appoint and constitute her my sole

executrix of this will who will be entitled to obtain a probate without being

required to furnish any security.

In witness whereof I have here unto set and subscribed my hand and signature

this day of ...........................19...............in the presence of the two witness who

have also on my request subscribed their respective signatures as attesting

witness in the presence of each other and in my presence.

Witness: 1. Sd/-

2. (Testator)

Que.9 Draft a Power of Attorney

Ans:- Definition

A power of attorney is a document whereby one or more persons authorize,

empower and constitute another person to act, do and perform any act or acts

generally in his or their place. The person who gives his authority may be called
the principal; and the person to whom such authority is given is called the

attorney. The power is given by an instrument in writing which is called the

deed of power of attorney. It should specifically and expressly state the

authority to be exercised by the attorney.

Execution, Authentication and Stamp-duty

It should be executed before, and authenticated by, a Judge, Magistrate, or

Notary Public; and it may be registered. The stamp-duty chargeable on a

special power of attorney is generally 2000 rupees and on a general power of

attorney the stamp-duty is 4000 rupees.

Revocation

A power of attorney can be revoked by a notice of revocation in writing served

upon the attorney and to that effect making it known to the general public by

publishing it in the largely circulated local newspaper.

Que.10 Explain Notice and it kinds

Ans:- The concept of notice is the outcome of Court of Equity in England. In

connection with purchase of any real property of England the notice became

an alternative solution in case of searches as to the title of the vendor. A notice

is said to be actual notice when a person acquires actual knowledge of a fact.

Secondly, a notice is constructive or implied when the law presumes a person

to have the knowledge of a fact but for negligence and willful abstention from
the enquiries and searches he did not have the knowledge of the fact. Thirdly,

a notice is said to be a statutory notice when a statute imposes explicitly by its

provision before taking any claim or demand to the Court of law. Judicial notice

comprises those facts of which a judge is deemed to have knowledge without

the need for parties to lead evidence of them. To give notice to a person

means bringing it to his knowledge.

Notices are of many types:-

1. Notice of trial

2. Notice to treat

3. Service of Notice

REQUISITES OF NOTICE

1. Name and full address of the despatcher.

2. Date of despatch

3. Name and full address of the addressee.

4. Begin your notice with the word ‘Sir’ or ‘Dear Sir’, as the case may be.

The body of the notice shall be in official routine form stating :

(a) the authority under which notice is given,

(b) the cause of notice,

(c) the facts of notice,

(d) claim, demand and requisition of compliance, and

(e) effect of non-compliance, therein.

5. Lastly, the notice must have signature of the person addressing it.

A notice may be given either by the person himself in his own capacity or

through a lawyer.

Notice by Landlord to Quit

From: Name, etc. Full Address:
Dated………………
To
XY (Tenant)
Full Address
Dear Sir,
I, (name) residing at ..............., am landlord of premises situate at...........; and
you are my monthly tenant in respect of the premises No.........situate
at .............at monthly rent of Rs............. I have to state as under that:
You have made a default in the payment of the payment of the monthly rent
from October, 1986 to this day and hence you are in arrears of rent of Rs. And
thereby you rendered yourself liable to eviction. You are, therefore, hereby
called upon to quit, vacate, and hand over the peaceful and vacant possession
of the said premises to me in one month next after the month you receive this
notice. Please note that your tenancy in respect of the said premises and all
your relationship with me shall stand determined.
Please note that if you fail to comply with this notice, I shall institute a
proceeding against you in a Court of law for recovery of the said premises at
your entire risks as to costs and consequence thereof.

Yours faithfully,
Sd/-
(Landlord)