What is Lease Deed (for a term of years) Rent Agreement?

A rent or lease agreement is an agreement that lays down pre-discussed terms and conditions
under which a property is to be rented or leased between a tenant and landlord. A lease
agreement is essentially an agreement for leasing of an immovable property for up to 11
months. A rent agreement can be an agreement of more than a year. All important clauses
stating the terms, conditions and promises between both the parties must be included in a
lease or rent agreement.

Why is Lease Deed (for a term of years) Rent Agreement required?

A lease or rent agreement is an essential document that evidences the leasing or renting of an
immovable property. All terms relating to such lease/rent including the time period for such
lease and the purpose for which the property must be used, among other terms, must form a
part of a rent agreement. Such an agreement serves the purpose of a reference document for all
the parties involved. A lease or rent agreement must be drafted in an error free manner in order
to protect the interests of both the parties. In case a dispute arises between the parties, this
document would serve as a collaborative evidence of renting or the property and the conditions
upon which it was rented.

What should a Lease Deed (for a term of years) Rent Agreement cover?

1. The relevant personal details of the parties such as full name, residential addresses and ages
of the parties to the agreement,

2. Details regarding rent and deposit,

3. Duties and responsibilities of and between the parties,

4. Duration of lease/rent or the term of the agreement,

5. Details regarding maintenance, electricity and water charges,

6. Lease/Rent termination and extension,

7. Clause regarding visitation rights of landlord,

8. Clause regarding security amount if any,

9. Penalty clause explaining the details of what the penalty would be if either party defaults in
fulfilling its duties in accordance with the agreement,

10. Details of fixtures and schedule of property,

11. General clauses such as termination of agreement, applicable laws, dispute settlement
clause, confidentiality, etc.), and

12. Date of signing of the agreement.

Format for Lease Deed (for a term of years) Rent Agreement

Draft of Deed of Lease (for a Term of Years) Rent Agreement

This Deed of Lease is made at ..... this ..... day of ...... between A of ..... hereinafter called 'The
Lessor' of the One Part and B also of ..... hereinafter called 'The Lessee' of the Other Part.

WHEREAS the Lessor is absolutely seized and possessed of or otherwise well and sufficiently
entitled to the land and premises described in the Schedule hereunder written.

AND WHEREAS the Lessor has agreed to grant to the Lessee a lease in respect of the said land
and premises for a term of .... years in the manner hereinafter appearing.

NOW This Deed Witnesseth as Follows:

1. In pursuance of the said agreement and in consideration of the rent hereby reserved and of
the terms and conditions, convenants and agreements herein contained and on the part of the
Lessee to be observed and performed the Lessor doth hereby demise unto the Lessee all that
the said land and premises situated at.............…………..and described in the Schedule
hereunder written (hereinafter for the brevity's sake referred to as 'the demised premises') to
hold the demised premises unto the Lessee (and his heirs, executors, administrators and
assigns) for a term of ....... years commencing from the 1st day of ...……….., 20___, but subject
to the earlier determination of this demise as hereinafter provided and yielding and paying
therefor during the said term the monthly ground rent of Rs ........ free and clear of all
deductions and strictly in advance on or before the..... day of each and every calendar month.
The first of such monthly ground rent shall be paid on the ___ day of ....... and the subsequent
rent to be paid on or before the ___ day of every succeeding month regularly.

2. The Lessee hereby for himself, his heirs, executors, administrators and assigns and to the
intent that the obligations herein contained shall continue throughout the term hereby created
covenants with the Lessor as follows:

a. To pay the ground rent hereby reserved on the days and in the manner aforesaid clear of all
deductions. The first of such monthly rent as hereinbefore provided shall be paid on the.... of
....... and the subsequent rent shall be paid on the.... day of every succeeding month regularly
and If the-ground rent is not paid on the due dates the Lessee shall pay interest thereon at the
rate of ....... % per annum from the due date till payment, though the payment of Interest shall
not entitle the Lessee to make default in payment of rent on due dates.

b. To bear pay and discharge the existing and future rates. taxes and assessment duties, cess,
impositions, outgoing and burdens whatsoever which may at any time or from time to time
during the term hereby created be Imposed or charged upon the demised land and the building
or structures standing thereon and on the buildings or structures hereafter to be erected and for
the time being standing on the demised land and payable either by the owners, occupiers or
tenants thereof and to keep the Lessor and his estate and effects Indemnified against all such
payment. The annual Municipal and other taxes at present are Rs…………...

c. To keep the buildings and structures on the demised premises ,in good and tenantable
repairs in the same way as the Lessor is liable to do under the law provided that if the Lessee so
desires he shall have power to demolish any existing building or structure without being
accountable to the Lessor for the building material of such building and structure and the
Lessee shall have also power to construct any new buildings in their place.

d. The Lessee shall be at liberty to carry out any additions or alterations to the buildings or
structures at present existing on the demised premises or to put up any additional structures or
buildings on the demised premises In accordance with the plans approved by the authorities at
any time or from time to time during the subsistence of the term hereby created.

e. Not to sell or dispose of any earth, gravel or sand from the demised land and not to excavate
the same except so far as may be necessary for the execution of construction work.

f. To use or permit to be used the buildings and structures to be constructed on the demised
premises for any and all lawful purposes as may be permitted by the authorities from time to
time.

3. The Lessor doth hereby covenant with the Lessee that:

a. the Lessor now has in himself good right full power and absolute authority to demise unto
the Lessee the demised premises and the buildings and structures standing thereon In the
manner herein appearing………..

b. that on the Lessee paying the said monthly ground rent on the due dates thereof and in the
manner herein provided and observing and performing the covenants,conditions, and
stipulations herein contained and on his part to be observed and performed shall and may
peaceably and quietly hold, possess and enjoy the demised premises together with the
buildings and structures standing thereon during the term hereby created without any eviction,
interruption, disturbance, claim and demand whatsoever by the Lessor or any person or
persons lawfully or equitably claiming by, from, under or in trust for him.

4. It is hereby agreed and declared that these presents are granted on the express condition
that if the said monthly ground rent or any part thereof payable in the manner hereinbefore
mentioned shall be an arrears for the space of ...... months after the same shall have become
due and payable on any of the said days wherein the same ought to be paid as aforesaid
whether the same shall or shall not be legally demanded or If any of the covenants and
stipulations herein contained and on the part of the Lessee to be observed and performed shall
not be so observed and performed by the Lessee or If the Lessee shall raise an objection to the
amount of the monthly ground rent hereby fixed for any reason whatsoever then and in such
event it shall be lawful for the Lessor or any person or persons duly authorised by him in that
behalf at any time hereafter to enter into and upon the land and premises and the buildings and
structures constructed or to he constructed thereon or any part or parts thereof in the name of
the whole and the same to have, possess and enjoy and thereupon this demise shall absolutely
determine but without prejudice to the right of action of the Lessor in respect of any breach of
any of the covenants by the Lessee herein contained PROVIDED ALWAYS that, no re-entry shall
be made under the foregoing power for breach of the covenants and stipulations herein
contained and on the part of the Lessee to be observed and performed (save and except the
covenant for payment of rent) unless and until the Lessor shall have given to the Lessee a notice
in writing specifying the covenants and conditions or stipulations which require to be complied
with or carried out and the Lessee shall have failed to comply with or carry out the same within
..... month from the date of the receipt of by such notice.

5. And it is hereby expressly agreed and declared between the parties as follows-

a. On the expiration of the term hereby created or earlier determination under the provisions
hereof all the buildings and structures standing on the demised land shall automatically vest in
the Lessor without payment of any compensation therefor by the Lessor to the Lessee.

b. The Lessee shall not be entitled, without obtaining In writing the permission of the Lessor, to
assign mortgage, sublet (except to the extent of creating monthly tenancies) or otherwise part
with possession of the demised premises or any of them or any part thereof and the buildings
and structure standing thereon though such permission shall not be unreasonably withheld.

IN WITNESS WHEREOF the Lessor and the Lessee have put their respective hands on the
original and duplicate hereof the day and year first herein above written.

THE SCHEDULE ABOVE REFERRED TO

Signed and delivered by the

Withinnamed Lessor ........ in the presence of ........

Signed and delivered by the

Withinnamed Lessee ........ in the presence of ........

Documents Required for Lease Deed (for a term of years) Rent Agreement

There are no specific documents required for the drafting and execution of an agreement for
rent/lease. However, ID proofs of the parties in order to confirm the names and permanent
addresses of the lessor and lessee should be scrutinised. Documents evidencing the landlord's
clear title of the property in question should also be examined.

Procedure for Lease Deed (for a term of years) Rent Agreement

No set procedure is applicable in the making of a rent/lease agreement. Once the agreement
has been drafted by a lawyer, it should be specifically and carefully read by both the parties to
the agreement. Any necessary changes required to be made shall be carried out and once the
agreement is finalised, it shall be signed by both the parties along with the requisite witnesses.
The agreement for rent/lease must be printed on stamp paper/e-stamp paper of proper value
and signed by both the parties. The stamp paper value depends on the particular State in which
it is executed. Each party should thereafter keep a signed copy of the agreement. If the rent
period is of more than 11 months, the agreement is mandatorily required to be registered
according to state laws.

Legal Considerations for Lease Deed (for a term of years) Rent Agreement

A rent or lease agreement is required to be printed on stamp paper of correct value, as per laws
in different States. If the lease agreement is up to 11 months, it does not mandatorily need
registration. However, a rent agreement more than 11 months is required to be registered.

How can a lawyer help to draft Lease Deed (for a term of years) Rent Agreement?

One of the first and the most important steps that you must undertake is to hire a
good documentation lawyer as he/she is aware of the nitty gritty of the legal procedures and
necessary requirements involved in drafting of rent/lease agreements. A lawyer would draft
such an agreement, better than you can yourself, since he/she has the necessary legal
knowledge and experience to handle and draft such documents. He/She will be able to guide
you and draft for you according to your particular situation - the facts, circumstances and
needs involved. A documentation lawyer is aware of good drafting technique and the clauses
that must be included in your agreement.

Hiring a good lawyer in order to draft such important legal documents is a prerequisite and will
help you in more ways than one. He/She can also help with proper stamping and registration as
the case may be. Even if you have received a rent/lease agreement from the other party, it is the
best step to hire a lawyer to proofread / vet the agreement before signing, in order to ensure that
the terms and conditions stated in agreement are not against your interests or that it is not a
one-sided agreement.

What is Deed of Family Trust?

A deed of family trust is a legal arrangement, whereby a person transfers management (and
actual ownership in the case of an irrevocable trust) of assets to a third party (member of the
family), who holds them and manages them for the benefit of others.

Why is Deed of Family Trust required?

It’s not always a good idea to give a significant gift, such as ownership of your home, or a large
sum of money, outright to your adult children, or your grandchildren. What if something
happens to you in the future, that means you need access to that money? What if, having signed
your house over to your kids, problems in their life such as debt or divorce put your home under
threat? A Family Trust Deed provides the flexibility, control and protection that you need, to give
significant gifts in your lifetime with complete peace of mind. The deed of family trust lays down
the terms and conditions of the trust and provides for the mechanism for the functioning of the
same.

What should a Deed of Family Trust cover?

A deed of family trust must include the following:

o Objects and Purpose of Trust;

 o Powers of Trustees;

o Powers of Settlors;

o Duties of Settlors;

o Exercise of Powers and Discretions by the Trustee;

o Financial Accounts, records and audit;

o Investment of Trust Funds.

Format for Deed of Family Trust

DRAFT OF DEED OF FAMILY TRUST

This Deed of Trust made at.......................... this.......................... day of................ between

(1)......................... (2)............................... (3)....................... (4)....................
(5)................................ (6).................... (7)..................... all of..................... hereinafter
referred to as the SETTLORS of the One Part and (I)................ (2)................... (3).....................
hereinafter referred to as the Trustees of the other part.

WHEREAS

1. The settlors are the erstwhile members of a Joint family consisting of..............,..............
&............. as brothers and the remaining............. to............. as their respective sons and
grandsons, all being majors and they are the only members of the family apart from their
respective wives.

2. The said Joint Family owns an ancestral House together with the land apartment in
village/town of................. in Dist............ in State of.........................

3. ................,............... &............... and their respective sons and grandsons are living
separate at different Towns/Cities and earning in their own way independently and have their
respective properties

4. The said Family House is the only common property belonging to the said family

5. The said house cannot be physically divided and partitioned and the parties also do not
propose to do so nor do the settlers desire to sell the same but desire to keep and preserve it as
a common unit and as a memorial of the ancestors and also to avoid any dispute regarding the
same among the members of the said family.

6. The said family has a family Deity of Goddess............... and the family has installed the
same in one of the rooms of the said house.

7. The Settlers have therefore proposed to dedicate the said house and premises to the said
Deity and to continue to worship the same and with these objects they have decided to create a
private Trust of the said property.

8. The Settlers have also collected a Fund of Rs............... as the initial fund or Corpus to meet
the expenses of maintaining the said house and to worship the said idol.

9. It is proposed that...........,...........,..........., will act as the first Trustees of the Trust and the
settlers have proposed to transfer the said property to...........,........... &........... as Trustees to
hold the property for the benefit of the said family in the manner aforesaid.

NOW this Deed witnesseth that pursuant to the said desire of the settlers and in the premises
aforesaid the settlers do and each of them doth hereby grant and transfer the said house with
the land appurtenant thereto situate at........... and more particularly described in the Schedule
hereunder written and all the rights liberties, privileges and easements appurtenant to the said
house and the land and all the estate right, title and interest of the settlers in or to the said
property hereby granted unto the Trustees and also transfer the Fund of Rs............ Collected by
the settlers TO HOLD the same to the use of and on the terms

Herein below mentioned and with all the powers and provisions herein contained subject
however to the payment of all taxes and other public dues payable to the Government or any
local authority in respect of the family house and the land.

1. This Trust will be known as............................................................ Family Trust.

2. The Trustees will protect, preserve and worship the idol of Goddess.............installed in the
said house and for that purpose make all arrangements for the same and appoint a PUJARI if
available.

3. The Trustees shall invest the said Fund or Corpus hereinafter referred to as the Trust
Fund(which will include also all the contributions made by the members of the family from time
to time and all other moneys received by the Trustees by way of gifts, donations or otherwise) in
authorized securities and spend the income realized there from in the maintenance of the said
property and in the worship of the said Deity.

4. The Trustees will arrange and carry out the daily worship of the said deity as far as possible
and shall hold the necessary religious Festivals or functions according to the custom of the
family thereto followed.

5. The Trustees will be entitled to collect or receive from the members of the family for the
time being or any of them such periodical payments or occasional donations so as to increase
the Corpus of the Trust Fund and will also be entitled to receive donations or gifts from others
without creating or agreeing to create in them any right or privilege in respect of the trust
property or Trust Fund or in the management of the Trust.

6. The Trustees will be entitled to carry out necessary repairs or renovations to the said
property so as to preserve the same in good condition and also to provide all necessary
amenities for reasonably comfortable living in the said house to the extent the income of the
Trust Fund permits.

7. Any member of the Family will be entitled to occasionally stay in the said family house or
any part thereof free of any charges, such stay not extending beyond a month continuously
except in any exceptional circumstances as the Trustees may think proper. In the event of more
than one member and his family desiring to occupy the said house at the same time the
Trustees shall decide as to who should be given preference and what should be done for
convenience of both and their decision shall be final. However the expenses for living will be
borne by the member occupying the same and not by trust, The object of this provision is that
the house should be available for temporary use and occupation by any member of the family
and which use and occasion will also help in the upkeep and preservation of the house.

8. The Trustees shall not make any substantial changes in the house or additions thereto
except with the consent of all the major members of the different branches of the said family for
the time being.

9. The Trustees shall not be entitled to sell the said house property or any part thereof nor to
mortgage the same or to let out any portion thereof.

10. The Trustees will be entitled to engage a permanent or occasional watchman to safeguard
the property from encroachments or any damage to the property and pay his salary out of the
income of the Trust Fund.

11. The number of trustees of this Trust will be minimum three and maximum five and the
Trustee for the time being will be entitled to appoint any additional trustee so that the total
number does not exceed five. The Trustees of the trust to be appointed in future will always be
from among the members of the said family fit to be appointed and not any outsider.

12. If any of the trustees for the time being dies or is disqualified to be a trustee for any reason
prescribed by law, the remaining trustees will be entitled to appoint a new Trustee in his place
and the Trust Property and Trust Fund will be transferred to his name along with the other
Trustees as and in the manner required by law.

13. The Trustee shall open one or more accounts in one or more banks in their names and such
account will be operated by any two of the Trustees. All moneys received will be credited to
such accounts and such amount as may not be required for immediate expenses can be
invested in temporary deposits with any of the Banks.

14. The Trustees shall have all other powers as are conferred on a Trustee by law.

15. The Trustees shall keep accounts of the Trust Funds and the same shall be made available
for inspection by any member of the family as and when required.

16. The senior most Trustee in age will act as a managing Trustee and will be in charge of the
day to day management of the trust. However all policy decisions and any item of work involving
an expenditure of more than Rs.........../- will have to be approved by all the trustees or a
majority of them in any meeting called for that purpose or by circulating resolution. The Trustees
will keep written minutes of the meetings held and decisions taken. Any one Trustee can call a
meeting of the Trustees as and when occasion arises.

17. If for any reason or under any circumstances the trustees unanimously think that it is
impossible to carry on with the Trust, they will be entitled to revoke the same and shall be
entitled to deal with and dispose the Trust property and the Trust Fund as the majority of the
members of the said family for the time being will agree to, failing which the Trustees will be
entitled to apply to the competent Court of law for necessary directions.

IN WITNESS WHEREOF THE SETTLORS AND THE TRUSTEES HAVE PUT THEIR HANDS THE DAY
AND YEAR FIRST HEREUNDER WRITTEN

THE SCHEDULE ABOVE REFERRED TO

Signed by the within named

Settlors.....................

...................,

...................,

...................,

...................,

....................,

..................,

..............................,

...................,

...............,

in the presence of............

Signed by the within named

Trustees....................
...................,

................... &

in the presence of............

Documents Required for Deed of Family Trust

No specific documents are required to execute the deed of family trust. However, one should
scrutinize the property documents and the documents evidencing title of the same when a
family property is involved in the trust. The parties to the trust must also scrutinize other
relevant documents related to the business required to be managed as part of the family trust.

Procedure for Deed of Family Trust

No set procedure is applicable in the making of such an agreement. However, once the
agreement has been drafted by a lawyer, it should be specifically and carefully read by both the
parties to the agreement. Any necessary changes required to be made shall be carried out and
once the agreement is finalised, it shall be signed by both the parties along with the requisite
witnesses. The said agreement is legally binding when it is printed on judicial stamp paper/e-
stamp paper and signed by both the parties. The stamp paper value (if relevant) depends on the
particular State in which it is executed. Each party should thereafter keep a signed copy of this
agreement between the parties.

Legal Considerations for Deed of Family Trust

A deed of family trust is a legal document that includes clauses stating the terms and
conditions between the parties. It needs to be printed on a judicial / e-stamp paper of the
correct value and signed by both parties. The agreement is required to be registered after
stamping with proper value, as per State laws.

How can a lawyer help to draft Deed of Family Trust?

While drafting agreements, it is important to know as to what terminology should be used while
drafting the same as a small ambiguity in the terms can also jeopardize the claim of the parties.
This is why it is crucial to have a documentation lawyer to assist you with the drafting of the
agreement. Being an expert in the area of documentation law, a documentation lawyer knows
the nitty-gritty of the legal procedures and the requirements involved in drafting an agreement.
With the experience attained in the field, he/she can guide you with the right advice while
entering into an agreement and can make sure that such mistakes are eliminated that cannot be
resolved even through further legal procedures.

What is Separation Agreement between Husband and Wife?

A separation agreement between husband and wife is a post-matrimonial agreement through

which the married couple decides to part ways without any aid from the judicial system. It is a
kind of settlement agreement between parties to the marriage, deciding issues on
maintenance, custody of children, division of property, etc.

Why is Separation Agreement between Husband and Wife required?

It is a settlement agreement wherein the parties agree to live separately, without filing a petition
for judicial separation or divorce. Although, in India, a separation agreement does not hold any
legal validity by way of statute or judicial decisions, it is slowly setting its base in India. Even
though several courts have held that a separation agreement has no legal sanctity, it is not
altogether worthless, since it still paints a picture regarding the intention of the parties and thus
could be of help at the time of divorce.

What should a Separation Agreement between Husband and Wife cover?

It should consist of all the necessary terms and conditions. The following are important terms
(among others) that must be included in an agreement of this nature:

1. The relevant personal details of the parties such as full name, residential
addresses and ages of the parties to the agreement,

2. Information related to the kind of job/employment and incomes of the parties,

3. Properties owned by the parties,

4. Maintenance clause consisting of who will pay maintenance to whom and how
much,

5. Custody clause consisting of the issues related to child care,

6. Details regarding division of properties - both immovable and movable,

7. Full disclosure of information clause,

8. Any other duties and responsibilities of and between the parties, and

9. Date of signing of the agreement

Format for Separation Agreement between Husband and Wife

DRAFT OF SEPERATION AGREEMENT BETWEEN A HUSBAND AND WIFE

THIS AGREEMENT made at.......... on this.......... day of...............20___, between A, son of B,

resident of........... (Hereinafter called "the husband") of the ONE PART and Mrs. A his wife
(hereinafter called "the wife") of the OTHER PART.

WHEREAS the husband and wife are living separately due to differences and disputes having
arisen between them; and
AND WHEREAS they want to live separate, apart from each other and intend to live separate at
all times hereafter unless there is any reconciliation.

NOW THIS AGREEMENT WITNESSETH THAT:

1. The parties shall live separately and apart from each other and no party shall have any right,
authority over the other or shall institute any legal proceeding for restitution of conjugal rights or
otherwise.

2. The husband shall during the life time of the wife pay to her a sum of Rs............ p.m. for her
maintenance and the maintenance of the children. However, if the wife does not lead a chaste
life, the husband shall be entitled to stop the payment of maintenance allowance after giving
her notice.

3. The wife shall be entitled to the custody and guardianship of the children of the marriage,
namely C and D now aged........ Years and.......... years, respectively. The wife shall maintain and
educate the said children until they shall respectively attain the age of majority. The husband
shall not be liable for any claim or demands of the children and the wife shall keep the husband
indemnified from and against all claims and demands in respect of such children.

4. The wife shall pay for and discharge all liabilities or debts incurred by her after the date of
these presents, whether for maintenance, support or otherwise and the husband shall not be
liable for the same. The wife indemnifies and keeps indemnified the husband against all claims,
actions and demands on that account and if the husband has to pay any sum on account of the
liabilities of debts incurred by the wife, he is entitled to deduct the same from the amount
payable to the wife under this agreement.

5. The wife may remove all her wearing apparel, jewelry and other personal effects, etc.
belonging to her from the husband's place and retain the said goods as her separate properly.

6. The husband may have the access to the children at every Sunday between ___A.M. to ___
P.M. He may have the sole society of the children in the said timings on the said day.

7. Notwithstanding anything contained in this agreement, it is expressly agreed that if at any

time hereafter, the parties live together as husband and wife with mutual consent, then in that
case, the said sum payable to the wife-under this agreement shall no longer be payable and the
agreements hereinabove contained shall become void.

8. This agreement shall be revoked by the death of either the husband or wife.

9. This agreement shall be executed in duplicate. The original shall be retained by the husband
and duplicate by the wife.

IN WITNESS WHEREOF, the parties have set their respective hands to these presents and a
duplicate hereof on the day and year first hereinabove written.

Signed and delivered by the within named husband Mr. A.

Signed and delivered by the within named wife Mrs. C

WITNESSES;

1.

2.

Documents Required for Separation Agreement between Husband and Wife

There are no specific documents required for the drafting and execution of a separation
agreement between parties to a marriage. However, ID proofs to prove information related to
identity and property/financial documents to be sure of the ownership of properties and that of
the parties’ finances could be required.

Procedure for Separation Agreement between Husband and Wife

No set procedure is applicable in the making of such an agreement between the husband and
wife. However, you could hire a lawyer to draft it and once the agreement has been drafted by a
lawyer, it should be specifically and carefully read by both the parties to the agreement. Any
necessary changes required to be made shall be carried out and once the agreement is
finalised, it shall be signed by both the parties along with the requisite witnesses. Each party
can thereafter keep a signed copy of this agreement between the parties to marriage.

Legal Considerations for Separation Agreement between Husband and Wife

A separation agreement between husband and wife is not a validly recognised and enforceable
agreement in India till now. However, at the time of divorce in the Courts, it can help in painting a
picture of the intention of both the parties and substantiate that there were issues/problems in
the marriage, subject to admissibility by both the parties.

How can a lawyer help to draft Separation Agreement between Husband and Wife?

One of the first and the most important steps that you must take is to hire a
good documentation or divorce lawyer as he/she is aware of the nitty gritty of the legal
procedures and necessary requirements involved in drafting of such agreements between
husband and wife, and also the repercussions of signing one. A lawyer has the necessary legal
knowledge and experience to handle and draft such documents. He/She will be able to guide
you and draft for you according to your particular situation - the facts, circumstances and
needs involved. A documentation/divorce lawyer is aware of good drafting technique and the
clauses that must be included in such an agreement keeping in mind the future divorce
procedures. Hiring a good lawyer in order to draft such important legal documents is a
prerequisite and will help you in more ways than one. Even if you have received an agreement
from your spouse, it is best to hire a lawyer to vet/proof read the agreement before you sign, so
that it is assured that your interests are not vitiated and it is not a one-sided agreement.

What is Deed of Adoption?

Adoption involves the creation of the parent-child relationship between individuals who are not
naturally so related. The adopted child is given the rights, privileges, and duties of a child and
heir by the adoptive family. It is a Legal document wherein all rights and responsibilities, along
with filiation, from the biological parent or parents is transferred to adopted parents.

Why is Deed of Adoption required?

A Deed of Adoption is required in order to declare that the adoption is taking place. Adoption
can be concluded through a registered Adoption deed subject to compliance with the
provisions of the Hindu Adoption and Maintenance Act. However, if Adoption is being taken
place under the Juvenile Justice Act 2015, an Adoption Order finalizes adoption and a deed may
not be required.

What should a Deed of Adoption cover?

An Adoption Deed should cover the personal details of the adoptive parent(s) and the natural
parents (as the case may be). The gender of the child being adopted, along with the age should
also be mentioned. Apart from this, the will of the adoptive parents to adopt the child should be
stated in clear words. The consent of the natural parents to give their child for adoption to the
adoptive parents must also be stated. The fact of transfer of legal rights and liabilities of the
adopted child to the adoptive parents is also to be stated, along with the duty of maintenance of
the child by the adoptive parents. The Adoption Deed must also mention the date of adoption
and bear signatures of adoptive parents and natural parents.

Format for Deed of Adoption

Download Word Doc

DRAFT OF DEED OF ADOPTION

THIS DEED OF ADOPTION is made and entered into at ____ this ____ day of
______,20___BETWEEN MR.A N, Adult, Indian Inhabitant of ____, residing at_______, hereinafter
referred to as the 'ADOPTIVE FATHER' (which term and expression shall unless it be repugnant to
the context or meaning thereof shall mean and include his heirs, executors, administrators and
assigns) of the ONE PART and MRS. B N, Adult, Indian Inhabitant of___, residing at
_____________________,-, hereinafter referred to as the 'NATURAL MOTHER' (which term and
expression shall unless it be repugnant to the context or meaning thereof shall mean and
include her heirs. executors, administrators and assigns) of the SECOND PART and MASTER AD,
a Minor, through her Natural Mother and Guardian, Mrs. B N, the Party of the Second Part herein,
hereinafter referred to as the 'Adopted Son' of the THIRD PART.

WHEREAS the Party of the Second Part herein had married S R on at____ and after marrying Mr.
S R, her name was Mrs. B R, hereinafter for the sake of brevity referred to as the 'Said Marriage'.

AND WHEREAS out of the Said Marriage, there has been a issue i.e. a Male Boy namely, "AD",
born on___________, hereinafter for the sake of brevity referred to as the Said Boy.
AND WHEREAS due to their difference of opinion the Party of the Second Part and her the then
husband i.e. Shri S. R preferred a Petition No. AA___/___for Divorce by Mutual Consent in the
Family Court at ______ and the Honorable Court was pleased the dissolve the Said Marriage vide
their order passed below Exh. 6 on ___________besides awarding the permanent custody of the
Said Boy to the Party of the Second Part herein, hereinafter for the sake of brevity referred to as
the 'Said Order'

AND WHEREAS Mr. S R the Ex-Husband of the Party of the Second Part herein did not prefer any
Appeal and/or revision against the Said Order and Judgment.

AND WHEREAS the Party of the First Part herein has married the Party of the Second Part herein
and have registered their marriage at the office of the Sub-Registrar of Assurances (Marriage
Officer),___vide Their Receipt No.______/_______ dated__________, hereinafter for the sake of
brevity referred to as the 'Said Second Marriage'.

AND WHEREAS the Party of the First Part has married the Party of the Second Part herein, has
decided to Adopt the Party of the Third Part herein as he is issueless and has married the natural
mother of the Said Boy.

AND WHEREAS the natural mother (the Party of the Second Part herein) consented for the said
adoption and on ______________ the physical act of giving and taking of the boy in adoption was
performed, namely the natural mother gave the third party in adoption and the adaptor took the
boy as adopted son accompanied by performance of Datta Homam.

AND WHEREAS the parties considered it necessary and expedient that a Deed of Adoption be
executed so as to be authentic record of the Adoption having already taken place.

NOW THEREFORE THIS INDENTURE WITNESSETH AS FOLLOWS;

1. It is hereby declared that on _________ the party of the Second Part i.e. the Natural Mother of
the Third Party gave in adoption her son "AD" to the Adopter who took the boy in Adoption. The
Adopter took the boy in Adoption, the physical act of giving and taking was also accompanied by
Datta Homam ceremony and in the presence of assembled brotherhood of the parties.

2. As a result of the aforesaid adoption the Third Party was transferred legally from the Natural
Mother to the Parties of the First and Second Part herein and Adopter became entitled to all the
rights and obligations of his Adopted Son.

3. The Adopted Boy by virtue of the Said Adoption has become member of the Coparcenary
with his Adopted father and shall be entitled to inherit his self acquired property if indisposed of
and shall be entitled to succeed to his Joint Ancestor's property by Survivorship except that if a
legitimate son is born subsequent to his adoption, the right of inheritance of succession of the
adopted son shall be regulated by Rule of the Hindu Law.

4. The Adopter, first party, shall be responsible for the maintenance and education of the
adopted son and agrees to bring him up according to his status in life.
5. The Natural Father of the Said Boy having relinquished all his right, title, interest and claim
over the said boy and Natural Mother having married the Party of the first part herein after her
marriage having been dissolved by the Family Court,_____and being continue to remain as
Natural Mother of the Said Boy, question of taking any consent from anybody does not arise at
all.

6. The Adopter shall not lay any claim hereinafter against the natural father for expenses
incurred by him for the education and maintenance of the Said Boy/Adopted Son.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective
hands to this on the day and year first hereinabove written

SIGNED, SEALED AND DELIVERED)

By the within-named Party of First Part)

In the presence of ____________________

SIGNED, SEALED AND DELIVERED)

By the within-named Party of Second Part)

In the presence of_________________ )

1)

2)

SIGNED, SEALED AND DELIVERED)

By the within-named Party of Third Part)

Through his Natural Mother

In the presence of_____________________)

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Documents Required for Deed of Adoption

For an Adoption Deed, id proofs of both adoptive parents and natural parents should be
scrutinized, in order to confirm the identities of the parties. The child’s birth certificate and
medical test records should also be checked, along with other documents that a lawyer will
guide you to collect before making an adoption deed.

Procedure for Deed of Adoption

No set procedure is applicable in the making of an Adoption Deed. However, all the facts
regarding the Adoption Deed should be discussed with the lawyer. Once the Adoption Deed is
drafted, it should be examined by the parties. Once finalised, it should be signed by both the
parties (i.e. adoptive parents and natural parents- as the case may be) and the witnesses. It is
also to be printed on stamp paper of the correct value, depending upon the local laws of each
state. A lawyer will be able to guide you whether registration is required to be carried out.

Legal Considerations for Deed of Adoption

The ceremony of giving and taking of a child is necessary for making an adoption essentially
valid. Child adoption can take place under Hindu Adoption and Maintenance Act, Juvenile
Justice Act, Guardians and Wards Act. The Central Adoption Resource Agency is the
main/central authority that facilitates adoption of children in India.

What is Deed of family settlement for division of properties left by a deceased between
son and daughters where son pays money to daughters?

Some families may want to settle property-related disputes out of court. To this effect, they may
go in for a family settlement agreement which needs to be signed by all the members
acknowledging that this agreement wasn’t made through fraudulent means, force and coercion
from any family member. Not just property or immovable assets, shares, claims, family feuds,
are also areas where a family settlement agreement is useful.

Why is Deed of family settlement for division of properties left by a deceased between son
and daughters where son pays money to daughters required?

While distribution of property among coparceners in family property, dispute may arise. When
such an issue arises, the parties can either file a case to ask for the help of the court to resolve
the dispute or can resolve the same amicably. After the dispute related to family property has
been resolved amicably the same has to be put in writing to make it binding on the parties by
way of deed of settlement.

Here’s why such a deed is required, particularly in a situation where the son pays money to the
daughters:

1. Legal Clarity and Certainty

A Deed of Family Settlement provides legal clarity regarding the division of assets:

Clear Title: It ensures that each heir receives a clear and undisputed title to their respective
shares of the property.

Avoiding Disputes: It helps in avoiding future disputes and litigation among family members
regarding property distribution.

2. Amicable Settlement
Family Harmony: It promotes family harmony by providing a platform for an amicable
settlement, reducing the chances of family conflicts.

Mutual Agreement: It reflects a mutual agreement among all heirs, indicating that everyone is
satisfied with the division of assets and any financial compensation provided.

3. Legal Recognition and Enforceability

Binding Document: A deed, when properly executed and registered, becomes a legally binding
document enforceable by law.

Recognition by Authorities: It is recognized by legal and financial institutions, making it easier to

transfer property titles and update records.

4. Financial Compensation

Monetary Settlement: When the son pays money to the daughters, the deed will detail this
arrangement, ensuring that the daughters are compensated fairly if they are relinquishing their
share in the property.

Record of Transaction: It provides a clear record of the financial transactions involved, which
can be crucial for legal and tax purposes.

5. Avoiding Litigation

Court Avoidance: It helps in avoiding lengthy and expensive court procedures by settling the
matter within the family.

Time and Cost Efficient: It saves time, effort, and resources that would otherwise be spent on
legal battles.

6. Flexibility and Customization

Tailored Solutions: The deed can be customized to meet the specific needs and preferences of
the family members involved.

Flexibility: It allows flexibility in terms of how the properties and financial compensation are
divided, accommodating the unique circumstances of each family.

7. Tax Implications

Tax Benefits: Properly structuring the settlement can have favorable tax implications for the
parties involved. For instance, the monetary payment made by the son to the daughters can be
structured in a tax-efficient manner.
Record Keeping: It helps in maintaining proper records for tax authorities, ensuring compliance
with tax laws.

8. Registration and Legal Formalities

Registration: Depending on the jurisdiction, registering the Deed of Family Settlement might be
necessary to make it legally valid and enforceable.

Legal Formalities: Completing all legal formalities ensures that the deed cannot be easily
challenged in the future.

What should a Deed of family settlement for division of properties left by a deceased
between son and daughters where son pays money to daughters cover?

The agreement must mention names of all the family members whose decision matters in this
regard, details of ownership of the property and the specific terms of the distribution of the said
property. It is recommended that you include all the details of the property with house number,
area and even a site map of the property must be annexed with the deed.

Format for Deed of family settlement for division of properties left by a deceased between
son and daughters where son pays money to daughters

Download Word Doc

Draft of Deed of Family Settlement for Division of Properties Left by a Deceased Between
Son and Daughters Where Son Pays Money to Daughters

This Deed of family arrangement is made at ........ on this ............ day of ..……...., 20___,
between A son of Shri .............. resident of .......... (hereinafter called the FIRST PARTY) and Smt.
B wife of Shri ........... resident of .......... (hereinafter called the Second Party ) and Smt. C wife of
Shri .............. resident of ........... (hereinafter called the Third Party) and Shri D ........ son of .......
resident of ........ (hereinafter called the Fourth Party).

WHEREAS by his will dated ............ E son of late Shri .......... resident of ................. appointed
the fourth party as the executors thereof and gave his movable and immovable assets unto his
children the first party, second party and the third party in equal shares.

WHEREAS The said E died on ............ and the executors obtained the probate of the said will
from the .............. District Court on ..............

WHEREAS the executor has paid the funeral and testamentary expenses of the testator and all
his debts which have come to his knowledge out of the estate of the testator.

WHEREAS The estate of the said E now in the hands of the executors consists of the immovable
property described in the First Schedule hereunder written and the investments, particulars
whereof are described in the Second and Third Schedules hereunder written respectively.

WHEREAS, the parties hereto of the first three parts are desirous that the first party shall receive
the immovable property and the second party shall receive the investments specified in the
Second Schedule hereunder written and that the third party shall receive the investments
specified in the Third Schedule hereunder written as absolute owners.

NOW, This Deed Witnesseth As Follows:

1. The first party shall pay to each of the second and third parties, the sum of Rs. .......…….

2. On the making of payment as aforesaid, the executors shall assent to the vesting of the
immovable property described in the First Schedule hereunder written in the first party as
absolute owners.

3. The executors shall transfer the investment specified in Second and Third Schedules to the
second and third parties respectively and they will become the absolute owners of the said
investments.

4. It is expressly agreed by and between the parties hereto of the first three parts that they
shall not claim any rights under the said will, save as hereinabove provided and they shall
release and indemnity the executor from and against all actions, proceedings, claims and
demands in respect of the assent and transfers hereinbefore agreed to be made.

In WITNESS Whereof the parties hereto have set and subscribed their hands to this writing, the
day and year first hereinabove written.

The First Schedule above referred to;

(Description of immovable property)

The Second Schedule above referred to;

(Particulars of investments to be transferred to second party)

The Third Schedule above referred to;

(Particulars of investments to be transferred to third party)

Signed and delivered by the within named first party

Signed and delivered by the within named second party

Signed and delivered by the within named third party

Signed and delivered by the within named fourth party

Witnesses;

1.

2.

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Documents Required for Deed of family settlement for division of properties left by a
deceased between son and daughters where son pays money to daughters

There are no specific documents required for the drafting and execution of a deed of settlement.
However, ID proofs of the parties in order to confirm the names and permanent addresses of the
parties should be scrutinised. Documents evidencing clear title of the property in question
should also be examined.

Procedure for Deed of family settlement for division of properties left by a deceased
between son and daughters where son pays money to daughters

There's no fixed format of a settlement deed. After a lawyer drafts it, both parties need to
thoroughly read it. Any necessary adjustments should be made, and once it’s final, both parties
and required witnesses sign it. The deed becomes legally binding when printed on judicial
stamp paper or e-stamp paper and signed by all parties. The value of the stamp paper varies by
State. Each party should then retain a signed copy of the Agreement.

Filing a notice for a Deed of Family Settlement involves several steps, primarily to ensure that all
parties involved are informed and the settlement is documented legally. Here is the detailed
procedure to file a notice for a Deed of Family Settlement:

1. Consult with a Legal Professional

o Hire an Advocate: Engage a qualified lawyer who specializes in property and

family law to draft the deed and guide you through the process.

o Discussion and Agreement: All parties (heirs) should have discussions to agree
on the terms of the settlement, including the division of properties and any
financial compensation.

2. Draft the Deed of Family Settlement

o Drafting the Deed: The lawyer will draft the deed, incorporating all agreed terms
and conditions.

o Details to Include:
 o Description of the properties involved.

o Details of all heirs and their respective shares.

o Financial compensation details, if any.

o Signatures of all parties involved.

3. Execute the Deed of Family Settlement

o Signatures: All parties involved must sign the deed in the presence of witnesses.

o Witnesses: At least two witnesses must also sign the deed to validate it.

4. Stamp Duty and Registration

o Stamp Duty: Pay the required stamp duty on the deed. The amount varies by
state.

o Registration: Register the deed with the local Sub-Registrar’s office to make it
legally binding.

o Documents Required for Registration:

o Original Deed of Family Settlement.

o Proof of identity and address of all parties.

o Proof of ownership of the properties involved.

o Receipts of stamp duty payment.

Process:

o Visit the Sub-Registrar’s office.

o Present the deed and required documents.

o The Sub-Registrar will verify the documents and details.

o Once verified, the deed will be registered, and a registered copy will be provided.

5. File a Notice (Optional but Recommended)

o Draft the Notice: Prepare a notice informing the public and relevant authorities
about the family settlement. This can be particularly useful to prevent future
disputes or claims.

o Details to Include:

o Information about the deceased and the properties involved.

o Details of the heirs and the settlement agreement.

o Date of execution and registration of the deed.

o Publish in Newspapers: Publish the notice in widely circulated newspapers

(both in English and the local language).

o Serve the Notice: Serve a copy of the notice to relevant authorities, such as:
 o Local municipal or panchayat office.

o Revenue authorities.

o Housing society (if applicable).

6. Update Property Records

o Mutation of Property: Apply for the mutation of property records to update the
ownership details as per the family settlement.

o Documents Required:

o Registered Deed of Family Settlement.

o Application for mutation.

o Proof of identity and address of the new owners.

o Death certificate of the deceased.

Process:

Submit the application and documents to the local revenue office or municipal authority.

The authority will verify the documents and update the property records accordingly.

Following this procedure ensures that the Deed of Family Settlement is legally valid and
recognized by all relevant authorities. It is crucial to involve a legal professional to ensure
compliance with all legal requirements and to protect the interests of all parties involved.

Legal Considerations for Deed of family settlement for division of properties left by a
deceased between son and daughters where son pays money to daughters

A deed of settlement is a legal document which includes clauses stating the terms and
conditions between the parties. It needs to be printed on a judicial / e-stamp paper of the
correct value and signed by both parties. It can be modified or amended as per the terms of the
agreement.

How can a lawyer help to draft Deed of family settlement for division of properties left by a
deceased between son and daughters where son pays money to daughters?

One of the first and the most important steps that you must undertake is to hire a
good documentation lawyer as he/she is aware of the nitty-gritty of the legal procedures and
necessary requirements involved in drafting of agreements. A lawyer would draft an agreement,
better than you can yourself, for obvious reasons. A lawyer has the necessary legal knowledge
and experience to handle and draft such documents. He/She will be able to guide you and draft
for you according to your particular situation - the facts, circumstances and needs involved. A
documentation lawyer is aware of good drafting technique and the clauses that must be
included in your agreement. Hiring a good lawyer in order to draft such important legal
documents is a prerequisite and will help you in more ways than one. He/She can also help with
proper stamping and registration of the deed.
What is Legal Notice for Property Partition?

When ancestors die without making a gift deed or a Will (interstate) or any deed of family
settlement, the joint family has a right over the ancestral property and all the living heirs require
the signing of a partition deed or a filing of a petition suit in order to carve out specific shares of
each heir. Legal notice for partition of property is a formal intimation to another person,
informing them of the intention to partition the joint property and undertake legal proceedings if
need be. In the case of many joint owners of the property, if you are willing for partition, you can
send a partition legal notice to the other joint owner is showing your intention to do so. Joint
owners can send a partition suit legal notice if either of them tries to sell its portion without
written consent of the other.

Why is Legal Notice for Property Partition required?

As stated above a legal notice for partition of property is the first step to actualising the partition
of a joint property. A legal notice for partition is required in most scenarios, but more so when
one or more than one member of joint undivided property sells, gifts, mortgages, leases out or
dispose of such property in any way without written consent of other co-owners. This illegal
action by a joint owner can be opposed through other joint owners by way of legal notice for
partition of property. Another scenario where legal notice for petitioner property is required is
when one or more than one owner in the joint property is willing to partition the property ,
however, other joint owners deny to do so, a legal notice for partition of suit can be sent to them.

What should a Legal Notice for Property Partition cover?

The legal notice for property partition must contain the following:

o The legal notice must be drafted in the letterhead of an advocate which is to be

specific and proper.

o It should contain addresses and contact details of the advocate.

o The date on which the legal notice is issued including the name, address, and
contact details of the person to whom the legal notice is issued is to be stated.

o Since the legal notice for partition of property is going from the client’s end, the
name and details of the client should be mentioned.

o Detailed description of property in dispute.

o It should be made clear in the notice as to how your right has been infringed due
to the act or omission by the opposite party and for that what you want from him.
A specific direction must be given to the opposite party along with a time limit.

o The notice must be signed (with date) by the advocate and the sender.

Format for Legal Notice for Property Partition

Download Word Doc

LEGAL NOTICE
Dated:

To,

_______________

_______________

_______________

_______________

Sub: Notice for Partition of Property bearing No. _______.

Dear Sir,
Under instructions from and on behalf of my clients _________ son of _________ resident of
_______, the following legal notice is being served on you for your compliance: -

1. That __________ wife of _________ resident of property bearing No. ______ died on ________.

2. That at the time of her death _______ was the absolute/ sole owner of the property bearing
No. ___________________________.

3. That __________ died intestate, that is, without making any ‘Will’ in the favour of any
person(s) before or at the time of her death.

4. That _______________ died leaving behind the following legal heirs at the time of her death:
-

Name Relation with Deceased Residence

5. That after the death of _______ it was orally agreed between you and my clients: -

(i) That you will use the aforesaid property bearing no. _______ for the purpose of
residence only till none of the legal heirs has any objection to it.

(ii) That any of the legal heirs of ______ may call upon the rest of the legal heirs to
partition the aforesaid property by meets and bound and delivers the vacant possession of their
respective share, at any time.

(iii) That you will not deal with the aforesaid property in any manner except for use as
residence.

6. That in pursuance of the aforesaid oral agreement, you continued residing in the aforesaid
property with the permission of my clients.

7. That it has came to the knowledge of my clients that you are now trying to sell the
aforesaid property by manipulating and forging some false documents illegally, dishonestly,
fraudulently and in gross violation of the terms on which the property was given to you i.e., for
residence only.

8. That the aforesaid property was given to you only for residential purpose and you were
further forbidden to deal with it in any other ways. Further you have no right to deal in any way
with the share of my clients and before partition of the aforesaid property.

I, therefore, by means of this notice, call upon you to partition the property bearing no. _____by
meets and bound, and deliver the vacant possession of the shares of my aforesaid clients
within fifteen days of the receipt of this notice failing which I have clear instructions to institute
the necessary Civil as well as Criminal Proceedings against you and in these events you shall be
held liable for all the costs of and incident to such proceedings.

Copy retained for record and further necessary action.

Advocate

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Documents Required for Legal Notice for Property Partition

The following documents must be scrutinized while drafting a legal notice for partition of
property:

o Identity proof of legal heir,

o Certified copies of all title deeds of property,

o Valuation of property,

o Birth and Residence proof of legal heir,

o Death certificates of deceased owner,

o Residence certificate of the deceased.

Procedure for Legal Notice for Property Partition

No set procedure is applicable in the making of a legal notice for Property Partition. However, a
legal notice must be drafted and signed by a lawyer, with all the necessary details/contents as
mentioned above. Once the notice is drafted it should be examined by the sender. It should then
be sent to the other parties. If no action is taken or no reply is received within the number of
days mentioned upon the notice, a partition suit against the defendant can be filed in the court
of proper jurisdiction.

Legal Considerations for Legal Notice for Property Partition

Property partition in India may be governed by Hindu Succession Act 1956, the Partition Act
1893, Code of Civil Procedure 1908, the Indian Succession act 1925. If there is an infringement
of right over the property in the scenario when other relatives or members of your family try to
dispose of the undivided property in an illegal manner, a suit for declaration and permanent
injunction can be filed. If the property has already been sold or disposed of by the co-owners to
another third party, then a legal notice for partition suit can be sent to the co-sharer along with
the other person who has purchased such property. Once a notice has been sent, or file for
permanent injunction and cancellation of sale can be filed before the concerned civil court.
The legal notice serves the purpose of giving a reasonable time to the person to sign partition
deed or go for partition suit. The notice also acts as valid proof before a Court of Law.

How can a lawyer help to draft Legal Notice for Property Partition?

Since, a legal notice is the first step towards recovery litigation, it is highly recommended that
you hire a family law lawyer. A lawyer has the requisite expertise and knowledge to draft such
legal notices. He/she will be able to accumulate important information for the client and draft
the notice accordingly. He/she will ensure that you are on the right path in attaining justice. A
lawyer can manage all legal paperwork effectively. Therefore, hiring an expert family law lawyer
is of prime importance in order to ensure that your legal notice for property partition is sent
correctly, keeping in mind the possible litigation that may ensue.

What is Sample Letter to Builder for Delay in Handing Over the Possession?

Usually, a builder-buyer agreement is signed between a builder and a buyer, whenever a person
invests in an immovable property. The stipulated time within which the property/possession has
to be handed over to the buyer is stated in this agreement. When the possession is not
transferred or delivered by the builder to the buyer within the stipulated time (in some cases,
even after the extension period), it is a delay in delivery by the buyer. However, the liability of the
builder arises only when the delay is due to his own fault. If the delay is due to any calamity, or
situation which is beyond the control of humans, the buyer would not succeed in an action
against the builder.

Although, the law has provided some remedies to ensure that the aggrieved buyers get justice
and do not easily get duped by the faulty builders. There are certain preliminary steps that can
be taken to demand possession from the builder and one such step is sending a letter to the
builder for the delay in transferring possession.

Why is Sample Letter to Builder for Delay in Handing Over the Possession required?

Before taking any action against the builder for delay in handing over the possession, it is always
advisable to send a letter to the builder giving him adequate time to respond. Once the letter is
sent, the builder might speed up the process to take necessary actions, thereby saving you a lot
of time and money.

What should a Sample Letter to Builder for Delay in Handing Over the Possession cover?

The letter to the builder must contain the name, address and contact details of the buyer. It
should clearly mention how your rights have been infringed due to the delay caused by the
builder in handing over the possession and the relief that you seek from the builder (such as
handing over the possession of the property at the earliest or compensation along with
possession). The letter should also contain a direction of the relief sought and the time limit for
the completion of such relief. The buyer shall also make an implication about any legal actions
that can be taken if the builder is not able to deliver the possession of the property within the
stipulated time.

Apart from the above, the following should also be included:

1. Name, description and place of residence/office of the builder

 2. Name, description and place of residence/office of the sender of the notice,

3. Details of the cause of action,

4. Relief claimed,

5. Legal basis for the relief claimed,

6. Date of sending of the Notice, and

7. Letterhead of Advocate; name address, signature and contact details of the

Advocate (in case of a legal notice).

Format for Sample Letter to Builder for Delay in Handing Over the Possession

Download Word Doc

Date ______

To,

Builder/ Builder Company

Official Address

Contact Info

Sub: Delayed Possession of Unit no. ______

Dear Mr._________ (Authorized representative of the builder company),

This is to bring to your kind notice that I am the buyer of Unit no. _____ of your __________
(Project name) and it is of huge concern to me that I have not received any official
communication from ________ (Builder Company) regarding the confirmed date of handing over
of the possession of the said Unit.

I have signed the Buyer’s Agreement with ________ (Builder Company) on _______ (Date). It was a
commitment by the company that possession will be handed over in ___ months. Thereafter, it
was told that by the end of _______ (Extension date, if any), the possession will be given.
However, the possession of the unit was never delivered even after the expiry of the extension
date.
I am sorry to say but the company has failed to keep its commitment and has lost the
customer's faith as it has delayed the possession of the said unit innumerable times and there
seems to be no deadline to this project. I have paid 80% of the amount and paying interest on it
every month to the bank which is causing me a substantial financial burden.

Kindly let me know the final date of delivery of possession of my unit or else I would have to
resort to taking appropriate legal actions against the company on account of the delays caused
by you.

Looking forward to a favorable reply.

Regards,

_________ (Sender’s Name)

Download Word Doc

Documents Required for Sample Letter to Builder for Delay in Handing Over the Possession

No specific documents are required in order to draft and execute a letter to builder for delay in
possession . However, ID proofs of the sender in order to confirm the name and permanent
address of the sender should be scrutinised. Other than the above, brochures of the builder if
available, money receipts or any other documents which can prove that the payment was made
by you to the builder could be necessary.

Procedure for Sample Letter to Builder for Delay in Handing Over the Possession

No set procedure is applicable in the making of a letter to the builder for delay in possession.
However, all the facts regarding the builder buyer agreement should be discussed with the
lawyer drafting the said letter or notice. Once the letter or notice is drafted it should be
examined by the sender. It should then be sent to the builder/developer. If no action is taken or
no repayment is done by the builder/developer within the number of days mentioned in the
letter or notice, you can directly approach the court and file a case without any further
communication with the builder/developer.

Legal Considerations for Sample Letter to Builder for Delay in Handing Over the Possession

Builder-buyer agreements, notices and court matters are dealt with under Property/Real Estate
laws and Consumer Protection laws. If you are sending a letter to the Builder, you do not need to
send it in the lawyer’s name. However, a legal notice is a more stringent measure which involves
sending it in the lawyer’s name. Sending the legal notice can be taken as the first step to
initiating legal proceedings against the builder/developer for delay in possession.

How can a lawyer help to draft Sample Letter to Builder for Delay in Handing Over the
Possession?
Since, a notice to the builder for delay in possession is the first step towards litigation, it is
highly recommended that you hire a property / real estate lawyer. A lawyer has the requisite
expertise and knowledge to draft such legal notices or letters. He/she will be able to
accumulate important information for the client and draft the notice/letter accordingly. He/she
will ensure that you are on the right path in attaining justice. A lawyer can manage all legal
paperwork effectively. Therefore, hiring an expert property/real estate lawyer is of prime
importance in order to ensure that your letter/notice is sent correctly, keeping in mind the
possible litigation that may ensue.

What is Confidential Information and Non-Disclosure Agreement NDA?

A non-disclosure agreement is an agreement wherein one or more parties agree to not divulge
certain confidential information. The non-disclosure agreement sets out in detail the nature of
such information which is deemed confidential and it ensures that such information is not
disclosed to any third party. Such an agreement is generally made between two parties doing
business together and generally already have an agreement in place, stating the terms of such
business.

Why is Confidential Information and Non-Disclosure Agreement NDA required?

A non-disclosure agreement is often required to protect information which if shared with a third
party would be detrimental to the interests of one of the contracting parties. It is used to protect
Intellectual Property Rights, technical know-how, sensitive information, client databases etc.

What should a Confidential Information and Non-Disclosure Agreement NDA cover?

It should consist of all the necessary terms and conditions. The following are important terms
that must be included in an NDA among others:

o A non-disclosure agreement should include the following clauses:

o Material particulars of the contracting parties

o Details of the confidential information sought to be protected

o Term of the agreement

o Remedies available to the parties in case of a breach

Format for Confidential Information and Non-Disclosure Agreement NDA

Download Word Doc

DRAFT OF CONFIDENTIAL AGREEMENT AND NON-DISCLOSURE AGREEMENT

This Agreement is made and entered into by and between _________________ ABC (hereinafter
referred to as ABC) having offices at ___________ and DEF (hereinafter referred to as DEF) having
offices at __________________

Subject of ABC Information: Business and technical information including but not limited to its
ideas, products, proposed products, processes, services, capabilities, and materials, or any
information which quantifies, classifies, or identifies any ideas, products, proposed products,
processes, services, capabilities and materials to be employed including
_________________________________________

Subject of DEF Information: Business and technical information including but not limited to its
ideas, products, proposed products, processes, services, capabilities, and materials, or any
information which quantifies, classifies, or identifies any ideas, products, proposed products,
processes, services, capabilities and materials to be employed including
________________________________________

Purpose(s) of Disclosures: To exchange confidential information to enable the parties to discuss

possible future business collaborations relating to the aforementioned business and
technology.

The parties anticipate that technical and business information, and/or media samples,
prototype parts or other tangible embodiments of information, may be disclosed or delivered
between the parties, for the above stated Purpose(s), such information and tangible
embodiments constituting confidential information, being considered by ABC and DEF to be
proprietary (and being referred to hereinafter, collectively, as "Proprietary Material"). Any party
furnishing Proprietary Material will be referred to as a "disclosing party" and a party receiving
Proprietary Material will be referred to as a "receiving party." In order to provide for the protection
of such Proprietary Material from unauthorized use and disclosure, the parties hereby agree that
the disclosure of such Proprietary Material between them shall be subject to the following terms
and conditions:

1. Both parties agree that all Proprietary Material which relates to the above-stated Subject(s)
and Purpose(s) and which is disclosed to the receiving party by the disclosing party, whether
orally, or in written or other tangible form, will be maintained by the receiving party in
confidence, provided, that: (a) disclosures in writing are expressly marked with a confidential or
proprietary legend; (b) oral disclosures and tangible embodiments in a form other than written
are identified as confidential or proprietary at the time of disclosure or delivery; and (c) oral
disclosures are thereafter reduced to writing and marked with a confidential or proprietary
legend, which writing is thereafter furnished to the receiving party within ...... days after the oral
disclosure. The receiving party may, however, in furtherance of the aforesaid Purpose(s),
disclose such Proprietary Material to its professional advisors, investment committee
participants, and those of its employees and others under its control, all of whom will be
advised of this Agreement and agree to accept the obligations there under. The receiving party
further agrees not to reverse engineer any tangible embodiments of Proprietary Material
furnished by the disclosing party, not to disclose any Proprietary Material to third parties and
limit circulation of the Proprietary Material to such employees and others under its control
having a direct "need to know" in connection with the above mentioned Purpose.

2. The receiving party additionally agrees to take reasonable care to safeguard the confidential
nature of the foregoing Proprietary Material, and such reasonable care shall not be less than the
degree of care used to prevent disclosure of its own proprietary material. However, the receiving
party will not be liable for disclosure and use of such Proprietary Material: if the Proprietary
Material is in, or becomes part of, the public domain other than through a breach of this
Agreement by the receiving party; if the Proprietary Material is disclosed to the receiving party by
a third party who is not known by the receiving party to be subject to any confidentiality
obligation; if the Proprietary Material is disclosed by the receiving party with the disclosing
party's prior written approval; or if disclosure of the Proprietary Material is required by any
judicial order or decree or by any governmental law or regulation. Further, with respect to such
Proprietary Material provided to the receiving party by the disclosing party, or rule of any stock
exchange the receiving party shall not be liable for disclosure and use thereof if such Proprietary
Material was of record in the files of the receiving party at the time of its disclosure to the
receiving party by the disclosing party or if such Proprietary Material is developed by the
receiving party completely independently of the disclosing party's Proprietary Material. Prior to
disclosure to any third party of any Proprietary Material to which the receiving party determines
the obligations of confidentiality, non-use and non-disclosure do not apply pursuant to this
Agreement, the receiving party shall provide within....... days' prior written notice to disclosing
party of the intent to disclose such Proprietary Material, stating the grounds upon which the
exception is claimed and providing documentation in support thereof. The receiving party shall
limit the scope of disclosure to only the portion of the Proprietary Material not protected.

3. Proprietary Material identified and disclosed as provided in this Agreement shall be held in
confidence for a period of ______years from the date of disclosure. During such period, such
Proprietary Material shall be used only for the Purpose(s) stated above. Neither party acquires
any intellectual property rights under this Agreement, except the limited rights to carry out the
Purpose(s) above stated.

4. Each party understands that the other is developing and acquiring technology for its own
products, and that existing or planned technology independently developed or acquired by that
party may contain ideas and concepts similar or identical to those contained in the disclosing
party's proprietary information. The disclosing party agrees that entering this Agreement shall
not preclude the receiving party from developing or acquiring technology similar to the
disclosing party's, without obligation to the disclosing party, provided the receiving party does
not use the disclosing party's proprietary information to develop such technology.

5. All Proprietary Material received and identified in accordance with this Agreement shall
remain the property of the disclosing party and shall be returned or destroyed upon request
except that the receiving party may keep one copy of such proprietary material for its legal files
which shall remain subject hereto. Nothing contained herein shall be construed as a right or
license, express or implied, under any patent or copyright, or application therefore, of either
party by or to the other party.

6. Each disclosing party warrants that it has the right to make disclosures under this
Agreement. NO OTHER WARRANTIES ARE MADE BY EITHER PARTY. ALL PROPRIETARY
MATERIAL IS PROVIDED "AS IS".

7. The receiving party agrees that no technical data furnished to it by the disclosing party shall
be exported from the ________without first complying with all requirements of the concerned
rules and regulations, including the requirement for obtaining any export license, if applicable.
The receiving party shall first obtain the written consent of the disclosing party prior to
submitting any request for authority to export any such technical data.

8. This Agreement

a. will be effective as of the date of the signature by the last party to execute this Agreement,
and may be terminated at any time upon written notice by either party;

b. shall automatically terminate _______years from its effective date unless terminated sooner
pursuant to provision (a) above;

c. does not obligate either party to deliver a purchase order for the performance of any service
or for the supply of any article whatsoever;

d. does not obligate either party to perform any service or to furnish any proposal or comments;

e. does not obligate either party to disclose Proprietary Material to the other; and

f. will be binding upon the parties hereto and their successors, assignees, or personal
representatives as the case may be. Any termination of this agreement shall not relieve the
receiving party of any obligations herein incurred prior to the date of such termination or to be
performed subsequent to the date of such termination.

9. The terms and conditions herein constitute the entire agreement and understanding of the
parties and shall supersede all communications, negotiations, arrangements and agreements,
either oral or written, with respect to the subject matter hereof. No amendments to or
modifications of this Agreement shall be effective unless reduced to writing and executed by the
parties hereto. The failure of either party to enforce any term hereof shall not be deemed a
waiver of any rights contained herein.

10.This Agreement shall apply to any Proprietary Material that may have been provided to either
party prior to the effective date hereof.

11.No rights or obligations other than those expressed and recited herein are to be implied from
this Agreement. No other existing Agreement between the parties, if any, are modified or
terminated by this Agreement. No warranty or representation is made by either party hereto that
any information transmitted by it hereunder is patentable or copyrightable, or that any such
information involves concepts or embodiments that are free of infringement of other rights.
Neither party hereto shall be obligated to prosecute any such action or bring any suit against
any person not a party hereto for infringement. Neither party shall indemnify the other party
hereto for any liability resulting from infringement of patent, copyright or trademark of a third
party caused by the use of any Proprietary Material transferred pursuant to the Agreement.
Neither party hereto confers the right to the other to use in advertising, publicity, or otherwise
any trademark or trade name of the other party, nor confers any authorization to the other party
to act as an agent on its behalf for any purpose.

12. This Agreement shall be governed and interpreted in accordance with the laws of the
___________, without giving effect to its internal principles of conflict of law.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in
duplicate.

ABC DEF

By:_______________________ By:_____________________

(Authorized Signature) (Authorized Signature)

Name:______________________ Name:___________________

Title:__________________ Title:___________________

Date:

Documents Required for Confidential Information and Non-Disclosure Agreement NDA

There are no specific documents required for the drafting and execution of a non-disclosure
agreement. However, ID proofs of the parties in order to confirm the names and permanent
addresses of the parties should be scrutinised.

Procedure for Confidential Information and Non-Disclosure Agreement NDA

The lawyer should be hired in order to draft a non-disclosure agreement or NDA which protects
the interests of the contracting parties and secures the objective of the agreement successfully.
The agreement is to be printed on a non-judicial stamp paper or an e-stamp paper. The value of
such stamp paper would depend on the prevailing laws of the state in this regard. Thereafter,
the parties are required to sign the agreement.

What is Business Services Agreement?

A service agreement is used to document a transaction where the seller provides a service to
the buyer. Such an agreement may be appropriate for marketing services, advertising services,
testing services, consulting services, management services or other professional services. It
binds both the parties and determines the terms and condition on which the service is
rendered.

Why is Business Services Agreement required?

There are so many people who believe service agreements are only party to network and IT
related fields, but technically, any service-related industry requires these agreements.

o Companies or clients that have invested heavily on technology will most

certainly need service agreements.

o This is important to make sure that any of the services that are rendered can be
accurately measured and justified.

o It is also a good way for the client to compare the services they are receiving
from the contractor with the services that other outsourcing vendors are
providing in the market.

o It is a very good benchmarking tool.

With a service agreement in place, it is impossible or very difficult for either of the parties
involved in your contract to feign ignorance in the event that the agreement does not hold out. It
is also wise to have these agreements looked into by legal counsel before you sign anything, or
before you make plans for additional redress, like arbitration if all else fails.

What should a Business Services Agreement cover?

Most Service Contracts include similar terms and agreements. For example, a typical service
contract may include:

5. Contact information for both parties

6. Description of service and scope of work

7. Compliance and insurance requirements

8. Payment terms

9. Confidentiality agreements

10. Indemnification

11. Warranty

12. Default terms

13. Remedies and dispute resolution

Format for Business Services Agreement

Download Word Doc

DRAFT OF BUSINESS SERVICE AGREEMENT

 AGREEMENT made at..........this ____ day of _______ 20____ BETWEEN ------------------ situated at
----------------- (hereinafter referred to as "the Centre") of the One Part AND -------------- a
Company incorporated under _______________________ and having its corporate / registered
office at ____________________________a Company hereinafter called "the Client") (which
expression should include its successors and assigns) of the Other Part;

AND WHEREAS the Centre is a member of ________________ Society, having its registered
address at____________ and hereinafter referred to as the "said Society" and is in possession,
use and occupation of the premises _________________, hereinafter referred to as the "said
Premises".

AND WHEREAS the Centre is carrying on the business of providing office services in the name
and style of ------------------- at the said premises --------------------------------- and for that purpose
has made arrangements to render office facilities and services to persons who require such
facilities for their business temporarily and on contract;

AND WHEREAS the client is carrying on the business of ______________ and is desirous of
availing certain office facilities to enable it to more conveniently carry on it's said business.

AND WHEREAS the Client has requested the Centre to grant to the Client such facilities;

AND WHEREAS Centre has agreed to grant the same on the terms and conditions mutually
agreed upon;

AND WHEREAS the parties hereto are desirous of recording the said terms and conditions.

NOW THIS AGREEMENT WITNESSETH AS UNDER:

1. The Centre hereby agrees to grant to the Client certain office facilities in the said premises
as set out herein to more conveniently carry on its said business in the name and style of ---------
--------------- and as incidental to such office services the Centre has permitted the Client to use
until otherwise decided, a portion of the said premises and also to make available other
ancillary office facilities, amenities, conveniences and services therein.

2. The Centre has agreed to render the following services to the Client:

i. to occupy and use a portion of the Business Centre at the said premises for
itself, its bonafide employees and visitors, for the purpose of carrying on the client's said
business

ii. to use furniture, fixtures and fittings provided in the said Centre.

iii. to avail of a peon's facility as may be reasonably required to attend to the

needs of the Client,
 iv. to avail the use of three telephone connections (two local and one with ISD
facilities) in the Centre

v. to avail the use of air-conditioner in the Centre.

vi. Any further facilities which Centre at its discretion considers it necessary to
provide to the Client.

vii. It is hereby expressly agreed and declared that save as otherwise herein
expressly provided, the office services to be provided under this agreement, the Centre may at
it's sole discretion permit it's other clients to avail of or share in common any of the said office
services hereby agreed to be provided.

3. The Client further agrees and undertakes:

a. to take all reasonable and good care of the said Centre and furniture, fixtures and fittings
therein as per separate list prepared and signed by the Centre and the Client) therein and not to
cause any damage thereto or to any part thereof. To keep and maintain the fixtures and fittings in
good order and condition, reasonable wear and tear or an act of God or for the reasons beyond
the Control of the Client being excepted. In the event of any damage thereto or destruction
thereof, save for reasons excepted as aforesaid,the Client shall at its own cost and expense
immediately repair and/or replace the same or at the option of the Centre, the client pay the
cost of such repair or replacement that may be carried out by the Centre.

b. to bring into the said Centre only office records and documents etc. but in any event no
hazardous and inflammable items or things shall be brought into the office by the Client.

c. to use the said Centre only for commercial purpose as an office and in a lawful manner and in
any event not to make any illegal use of the same and not to cause any disturbance, nuisance or
annoyance to others in the said Centre.

d. In the event of the Client making use of the aforesaid facilities for any purpose other than
confide commercial office purposes and the same resulting in any civil or criminal action, the
Client shall keep Centre fully indemnified of and from and against all arise there from.

e. not to allow or permit any outsiders to use the premises or any part thereof.

f. to remove all their articles, belongings and things lying in the said Centre on expiry of the term
of the arrangement or in the event of prior termination, upon the date of termination.

g. to observe and perform all the rules, regulations and bye-laws of the said Society wherein the
center is situate, the client having made himself aware of all such rules, regulations and bye-
laws and shall indemnify and keep indemnified the Centre against any loss or damage incurred
by the Client for non-performance by the Client as aforesaid.

h.Not to do or suffer to be done anything in or around the said premises which is or is likely to
cause prejudice to the rights and entitlements of the Centre as the member of the Society.
i. Not to make any structural or other alterations, modifications or additions in the said
premises, except with the prior written consent of the Centre which shall not be unreasonably
withheld.

j. Not to alter or change the original colour on the outer or inner wall of the said premises,
except with the written consent of the Centre.

4.The Centre agrees to:

a. keep the said Centre clean and tidy and provide electricity.

b. Provide a common peon facility entirely at its own discretion as may reasonably be required
to attend to the needs of the Client.

c. Provide access to the NOC of the Centre's three telephone connections of which one shall
have STD facility.

5. It is mutually agreed between the parties hereto as follows:

a.The term of this arrangement shall be for three months, commencing from the date of this
agreement and the same shall be renewable for a further like terms, for a total period of.......
commencing from the..... day of ......... and ending on ........... Provided, however that the Centre
may at it's absolute discretion and without assigning any reason in that behalf refuse to grant
any removal.

b.In consideration for the services to be rendered the Centre shall from time to time submit their
Bill for quarterly Standard Services charges at the rate of Rs. _______/- (Rupees ________________
only) for the first four quarters, Rs.___________ (Rupees _______________ only) for the next four
quarters and Rs._____________ (Rupees______________ only) for the last four quarters. The Client
shall also be liable to pay for the telephone rentals and the telephone calls made by the Client,
electricity consumed by the Client and also other services specifically utilised by the Client on
actual. These bills shall be paid by the Client within a week and in any event before demanding
refund of the security deposit amount deposited by the Client with the Centre.

c. The arrangement herein is purely temporary and personal and not transferable under any
circumstances and the Client shall not be entitled to assign or transfer the benefit of this
arrangement to any other person/persons on any basis whatsoever.

d. No tenancy, leave and license or any other protected rights whatsoever permitting the Client
or its employees to come upon and use the said premises or any part thereof is created or
intended or sought to be created by these presents and the parties hereto shall not plead any
oral variation to the provisions thereof. The variation if any hereto shall not be valid, binding
upon or enforceable against the parties hereto unless the same are duly recorded in writing in
the form of supplemental agreement signed by both the parties hereto.

e. The Client shall be allowed to display its name board outside the premises at the place
allotted by the Centre.
f. If the services charges/bills payable by the Client have been outstanding for ......... from the
date of receipt of the bill, the arrangement herein shall not be extended and thereupon on expiry
of the two weeks, the Centre shall be entitled to prevent access to the Client and its employees
in to the said premises and every part thereof and allow the Client one day's time to remove its
belongings. In the event of the Client refusing or neglecting to remove its belonging from the said
premises, the Centre shall be entitled to open the premises or any part thereof allotted to the
said Client using the original key in their possession and in the presence of witness remove the
articles and things therein after making a list thereof. It is expressly agreed that the Centre shall
not render itself liable for any civil or criminal action by so doing. This authority retained by the
Centre and expressly agreed to by the Client is irrevocable and constitutes the basis for this
agreement and the Client shall not be entitled to dispute, challenge or call into question the
validity or reasonableness of this provision.

g. Any delay or indulgence by the Centre in enforcing the terms and conditions of this
Agreement or any forbearance or giving of time to the Client shall not be construed as a waiver
on the part of the Centre of any breach or non-observation and or non- compliance of any of the
terms and conditions of this Agreement by the Client nor shall it in any manner prejudice the
rights of the Centre against the Client.

h. All letters, receipts, notices or communications issued by the Centre or the Client and
dispatched by Registered Post with Acknowledgement due or delivered by Hand Delivery to the
address on the record of the other will be sufficient proof of receipt thereof by the other and
shall be an effectual discharge on the part of the party forwarding the same and the same shall
be deemed to have been received by the other party on the normal expiry period under post.

i. The Centre shall not be responsible or liable for any:

1. Theft, loss, damage or destruction of any property of the Client or any person living in or
visiting the said premises or in the said building from any cause whatsoever.

2. For any personal or other injury caused to the person for the time being in the said premises
on any account.

j.In the event of the Client committing any breach of the terms and conditions herein contained
and failing within....... days of the receipt of a notice in writing in that behalf given by the Centre
to remedy or make good such breach the Centre shall be entitled to forthwith revoke and or
terminate the arrangement and/or the permission granted and in such an event the provisions of
clause 5(g) of this Agreement shall apply mutatis mutandis.

k. Each party shall bear and pay the fees of their respective legal representatives.

6. As security for the due performance of the provisions hereof the Client shall deposit with
Centre an interest free security deposit of a sum of Rs.-----/- (Rupees --- ). The said interest free
security deposit, after deducting there from the amount of arrear or other dues if any from the
Client shall be refunded by Centre to the Client without interest on the arrangement herein
coming to an end, howsoever and when so ever, and upon the Client removing itself and all its
belongings and things from the said premises.
7.The Centre shall be at liberty to terminate this Agreement or any renewal thereof by giving the
Client three months notice in writing stating therein its desire to do so and on the expiry of such
notice, and on the client removing itself, it's employees and belongings from the said premises
and otherwise performing it's obligation under this agreement the Centre shall refund to the
Client the interest free security deposit amount as contained in clause 6.

8. Upon the termination of this Agreement or sooner determination and upon the failure of the
Client to remove itself, its employees and its belongings from the said premises. The Client shall
be liable and hereby agrees to pay to the Centre liquidated damages of Rs._____________
(Rupees __________only) and compensation and/or manse profits of Rs.__________
(Rupees____________) per day for the wrongful and unauthorised use of the said premises and
the facilities provided therein. The Centre shall be entitled without prejudice to its other rights to
forfeit the security deposit in the event of any breach on the part of the client.

9.It is further agreed and declared between the parties hereto that the permission hereby
granted by the Centre to the Client to use a portion of the said premises is incidental to the
availing of office facilities, amenities and services provided by the Business Centre to the Client
and the Client shall not be entitled to avail other facilities separately as the arrangement is
composite, impartibly and indivisible.

10. Any dispute between the parties hereto shall be referred to the sole arbitration of
Mr________________. Having his / its office at ______________and shall be subject to the
provisions of the Arbitration and Conciliation Act, 1996.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective
hands, the day and year first hereinabove written.

SIGNED AND DELIVERED by

_______________________ )

as partner / proprietor of the Centre.)

in the presence of _____________ )

SIGNED AND DELIVERED by the )

With in named ______________ )

in the presence of____________ )

Download Word Doc

Documents Required for Business Services Agreement

There are no specific documents required for the drafting and execution of an agreement
between an independent contractor and a service provider. However, ID proofs of the parties in
order to confirm the names and permanent addresses of the parties shall be scrutinized.
Moreover, papers evidencing the parties’ rights to carry out the business (as per the agreement)
and provide the service(s) in question, could be examined.

Procedure for Business Services Agreement

No set procedure is applicable in the making of such an agreement. However, once the
agreement has been drafted by a lawyer, it should be specifically and carefully read by both the
parties to the agreement. Any necessary changes required to be made shall be carried out and
once the agreement is finalised, it shall be signed by both the parties along with the requisite
witnesses. The said agreement is legally binding when it is printed on judicial stamp paper/e-
stamp paper and signed by both the parties. The stamp paper value (if relevant) depends on the
particular State in which it is executed. Each party should thereafter keep a signed copy of this
agreement between the independent contractor and service provider.

What is Loan Agreement with Security?

A loan agreement is a legal contract between a borrower and a lender regulating the mutual
promises made by each party. It is a formal document that evidences a loan. A loan agreement
is a legal document and a written promise to repay the money that is described by the
Agreement between the lender and the borrower. This document is used to record the terms
between the parties, including the method and amount of repayment of loan and also the
penalty in case of default of such payment.

An agreement for loan with security is essentially a loan agreement in which terms and
conditions regarding collateral/security given against the loan, are also mentioned. A document
that provides a lender, a security interest in a specified asset or property that is pledged as
collateral. In the event that the borrower defaults, the pledged collateral can be seized and sold.
A security agreement mitigates the default risk the lender faces.

Why is Loan Agreement with Security required?

A loan agreement (for a secured loan - with security/collateral) is required in order to determine
the terms and condition between the lender and borrower. The agreement is binding on both the
parties. It is an important step as all the rights and liabilities of the parties are stated clearly and
thus avoids future legal trouble and confusion. Its main purpose is to serve as written evidence
of the amount of a debt, the terms under which the loan money shall be repaid - including the
rate of interest if involved. It details the particulars regarding collateral/security which is given
against the loan by the borrower. It is a legal document and is enforceable in the Court of law.

What should a Loan Agreement with Security cover?

It should consist of all the necessary terms and conditions. The following are important terms
that must be included in a loan agreement among others:

1. The relevant personal details of the parties such as full name, residential
addresses and ages of the parties to the agreement,
 2. Reasons for the loan,

3. Amount paid and the method of payment,

4. Duration or the term of the loan,

5. Security that is required to be given - the kind of security and terms regarding
such security.

6. Method of repayment of the loan,

7. Interest rate (if any),

8. Penalty clause explaining the details of what the penalty would be if the
borrower defaults in repaying of the loan,

9. General clauses such as termination of agreement, applicable laws, arbitration

clause, etc.) and

10. Date of signing of the agreement.

Format for Loan Agreement with Security

Download Word Doc

DRAFT OF LOAN AGREEMENT WITH SECURITY

THIS AGREEMENT is made at ________on this ____ day of _______, 200__

BETWEEN

___________LTD, a Company incorporated under the Companies Act, 1956 or Companies Act
,2013 having its Registered Office at ___________________________ (hereinafter referred to as
"The Lender") which term or expression shall unless excluded by or repugnant to the subject or
context hereof shall mean and include its heirs, successors and assigns of the One Part

AND

i. M/S ABC LIMITED, a Company incorporated under the Companies Act, 1956 or
Companies Act ,2013 having its Registered Office at ____________________ (hereinafter referred
to as "The Borrower") which terms or expression shall unless excluded by or repugnant to the
subject or context hereof shall mean and include its heirs, successors and assigns of the
SECOND PART and

ii. M/S CDE LIMITED, a Company incorporated under the Companies Act, 1956 or
Companies Act ,2013 having its Registered Office at __________________ (hereinafter referred to
as "The Lender") which terms or expression shall unless excluded by or repugnant to the subject
or context hereof shall mean and include its heirs, successors and assigns of the THIRD PART.

WHEREAS

A. The Borrower is one of the entities in the group of Companies, ABC LIMITED, a Company
incorporated under the provisions of the Companies Act, 1956 or Companies Act, 2013 having
its Registered Office at ___________________________ hereinafter referred to as "The Borrower"
has a paid up capital of Rs. ______ lacs as on _________ (date).

B. The Borrowers has approached "The Lender" for grant of inter corporate deposit of Rs.
_______/- (Rupees __________ only) for a period of _____ days beginning from the date of
disbursal of loan i.e._________.

C. The Lender has favourably considered the request of the Borrower and has agreed to lend
and advance a secured interest carrying inter-corporate deposit of Rs. _________ (Rupees
_________ only) to the Borrower on the terms and conditions and covenants as follows.

D. The Lender has agreed to secure the timely repayment of the loan along with interest by
creating in favour of the Lender Pledge with the securities fully stated in the Annexure Annexed
hereto and treated as an integral part of this Agreement.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. At the request of the Borrower the Lender lends an advance to the Borrower an inter
corporate deposit of Rs. ____________ (Rupees ___________only) for a period of _______ days
beginning from the date of disbursal i.e.________

2. The said inter corporate deposit shall carry an interest @ _____% per annum payable with
________ rests. In case of delay or default in payment, whether of the principal or of the interest
or any part thereof the Lender shall be entitled and the borrower shall be liable to pay a penal
interest @ _% per annum over and above the interest mentioned hereinabove.

3. As a security towards timely repayment of loan along with interest, the Lender has agreed to
pledge in favour of the Lender, fully paid up equity shares, standing in the name of Lender as
stated in the Annexure annexed hereto and treated as an integral part of the agreement in the
equity capital of ABC Limited, a company incorporated under the provisions of the Companies
Act, 1956 or Companies Act, 2013 having its Registered Office at
_____________________________. The Equity shares of Equity International Ltd are listed at
_______ Stock Exchange and the current market price of shares is agreed to be Rs. ____/- per
share.

4. In case the Lender sends the notice to the Borrower to make good the margin in the securities
(_____% in this case) and the Borrower fails and/or neglects to make good the margin within the
stipulated period as mentioned in the notice the Borrower shall be deemed to have committed
default of the terms of this agreement and in that event it shall be lawful for the Lender (but not
compulsory) to demand from the Borrower repayment of the loan along with the interest then
outstanding and the Borrower shall be liable to repay the loan in full along with interest thereon
without any objection and/or demur.

5. It is expressly agreed by and between the parties hereto that in case of downward revision in
the market price of the equity shares of ABC LTD, the Borrower/ Lender shall on its own, pledge
in favour of the Lender such other shares of ABC LTD so as to ensure ______ % margin between
the amount of loan along with interest and the securities.

6. In case the Borrower fails and/or neglects to repay the amount of loan or the amount of
interest on the due date it shall be lawful for the Lender to sell or dispose off, at the cost and
expenses of the borrower, all or some of the equity shares of ABC LTD either by way of private
arrangement or in the open market and to apply the net proceeds thereof towards satisfaction
of the amount of loan or the interest, then outstanding.

7. The Borrower agrees that any accretion the securities pledged with the Lender by way of
dividend, bonus/rights issue etc. accruing from time to time shall be deemed to be pledged with
the Lender and the Borrower shall, on its own take expeditious steps to create a pledge in favour
of the Lender.

8. It is agreed that the Borrower shall execute a Demand Promissory Note in favour of the
Lender.

9. The Borrower/ Lender agree and undertake to execute in favour of the Lender all such
documents/papers, including fresh transfer deeds, as may be required by the Lender from time
to time.

10.The Borrower/ Lender have agreed to constitute nominate and appoint the Lenders as its true
and lawful attorney to do all such deeds and things in respect of the said ______(No. of Shares)
Equity Shares of ABC LTD as may be pledged/hypothecated by the Borrower to the Lender.

11. It is agreed that the liability of the Lender is jointly and severally along with the liabilities of
the Borrower and the same is co-extensive.

IN WITNESS WHEREOF the parties herein have signed this agreement in acceptance of all terms
stated above on the date and place mentioned hereinabove.

THE BORROWER

THE PLEDGER

THE LENDER

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Documents Required for Loan Agreement with Security

There are no specific documents required for the drafting and execution of a loan agreement
with security. However, since there is security involved - papers evidencing the same would be
required. For example if the security is an immovable property of the borrower, ownership
papers for the same must be scrutinized. Other than this, ID proofs of the parties in order to
confirm the names and permanent addresses of the lender and borrower shall be scrutinized.

Procedure for Loan Agreement with Security

No set procedure is applicable in the making of a loan agreement with security. However, once
the agreement has been drafted by a lawyer, it should be specifically and carefully read by both
the parties to the agreement. Any necessary changes required to be made shall be carried out
and once the agreement is finalised, it shall be signed by both the parties along with the
requisite witnesses. The loan agreement has evidentiary value when it is printed on stamp
paper/e-stamp paper and signed by both the parties. The stamp paper value depends on the
particular State in which it is executed. Each party should thereafter keep a signed copy of the
Loan Agreement.

Legal Considerations for Loan Agreement with Security

A loan agreement with security is a legal document which includes clauses stating the terms
and conditions between the parties - regarding the giving of loan, the security/collateral
involved, repayment of loan, etc.. It needs to be printed on stamp paper of the correct value and
signed by both parties. It can be modified or amended as per the terms of the agreement.

How can a lawyer help to draft Loan Agreement with Security?

One of the first and the most important steps that you must undertake is to hire a
good documentation lawyer as he/she is aware of the nitty gritty of the legal procedures and
necessary requirements involved in drafting of loan agreements(which involve security). A
lawyer would draft a loan agreement, better than you can yourself, for obvious reasons. A lawyer
has the necessary legal knowledge and experience to handle and draft such documents.
He/She will be able to guide you and draft for you according to your particular situation - the
facts, circumstances and needs involved. A documentation lawyer is aware of good drafting
technique and the clauses that must be included in your agreement. Hiring a good lawyer in
order to draft such important legal documents is a prerequisite and will help you in more ways
than one.

What is Legal Notice for Recovery of Money?

Legal notice for recovery of money is a formal intimation between two people warning the other
before legal action is initiated to get their due payment. Believe it or not, you can also send a
legal notice for recovery of money from a friend, in case he/she owes you a lot. To recover
money from people who owe it to you, the role and importance of a legal notice for recovery of
due becomes important. Legal notice for refund of money can be filed for anyone from a dealer
to an employee, tenant, friend, company, bank, etc.

Why is Legal Notice for Recovery of Money required?

One may send a notice for recovery of money from your employer, friend or any other party who
owes you money. The first step in recovery should be to send a legal notice since most recovery
cases get resolved in this step itself and you do not need to proceed to Court. One must send a
well-drafted and legally sound notice to ensure that you get a prompt response on your notice
and you have maximum opportunity to recover your money.

What should a Legal Notice for Recovery of Money cover?

The legal notice for recovery of money must contain

o The legal notice must be drafted in the letterhead of an advocate which is to be

specific and proper.

o It should contain addresses and contact details of the advocate.

o The date on which the legal notice is issued including the name, address, and
contact details of the person to whom the legal notice is issued is to be stated.

o Since the legal notice for recovery of money is going from the client’s end, the
name and details of the client should be mentioned.

o It should be made clear in the notice as to how your right has been infringed due
to the act or omission by the opposite party and for that what you want from him.
A specific direction must be given to the opposite party along with a time limit.

o The notice must be signed (with date) by the advocate and the sender.

Format for Legal Notice for Recovery of Money

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Legal Notice

Ref. No……………. Dated ____, __________

REGD.A.D.

LEGAL NOTICE
To,

_____________

Dear Sir,

Pursuant to the instructions from and on behalf of my client ___________________, through its
_____________, I do hereby serve you with the following Legal Notice: -

1- That my client is a ___________ firm/individual under the name and style of M/s
______________________.

2- That my client is engaged in the business of __________ of the ___ etc.

3- That against your valid and confirmed order my client did your job work from time to time on
credit basis as you have running credit account in the account books of my client operated in
due course of business.

4- That my client-raised bills of each and every work performed for payment, although you have
acknowledged the receipt of such bills raised by my client.

5- That inspite of acknowledging the liability of payment of principal balance of Rs. _________/-
you have been miserably failed to make payment of the said amount due to my client from you
deliberately with malafide intent, hence you are liable to pay the said principal balance amount
of Rs. __________/- alongwith interest @ __% p.a. from the date of due till actual realization of
the said sum as is generally and customarily prevailing in the trade usages, which comes to Rs.
__________/-
6- That thus you are liable to pay the total amount of Rs. ________/- to my above named client
and my above named client is entitled to recover the same from you.

7- That my client requested you several times through telephonic message and by sending
personal messenger to your office for release of the said outstanding payment, but you have
always been dilly delaying the same on one pretext or the other and so far have not paid even a
single paisa out of the said outstanding undisputed amount.

I, therefore, through this Notice finally call upon you to pay to my client Rs. __________/-. along
with future interest @ __ % p.a. from the date of notice till actual realization of the said amount,
together with notice fee of Rs. ____/- to my client either in cash or by demand draft or Cheque
which ever mode suits you better, within clear 30 days from the date of receipt of this notice,
failing which my client has given me clear instructions to file civil as well as criminal lawsuit for
recovery and other Miscellaneous proceedings against you in the competent court of law and in
that event you shall be fully responsible for the same.

A copy of this Notice has been preserved in my office for record and future course of action.

(____________)

ADVOCATE

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Documents Required for Legal Notice for Recovery of Money

The following documents must be scrutinized while drafting a legal notice for recovery of
money:

o Affidavit of proof of money lent/owed to you

o If recovery from employer, employment agreement that states the amount that
your employer is to give you in exchange of your service

o Any proof of money owed to you

Procedure for Legal Notice for Recovery of Money

No set procedure is applicable in the making of a legal notice for recovery of money. However, a
legal notice must be drafted and signed by a lawyer, with all the necessary details/contents as
mentioned above. Once the notice is drafted it should be examined by the lender. It should then
be sent to the defendant. If no action is taken or no repayment is done within the number of
days mentioned upon the notice, a recovery suit against the defendant can be filed in the court
having jurisdiction.

Legal Considerations for Legal Notice for Recovery of Money

There is a limitation period of 3 years within which you must send the notice and file the
recovery suit, if any, for the recovery of money owed to you. However, if there is an
acknowledgement of the debt owed to you, then the limitation period will restart. The legal
notice serves the purpose of giving a reasonable time to the person who owes you money to
make a payment. The notice also acts as valid proof before a Court of Law that a certain amount
is owed to you.

How can a lawyer help to draft Legal Notice for Recovery of Money?

Since, a legal notice is the first step towards recovery litigation, it is highly recommended that
you hire a recovery lawyer. A lawyer has the requisite expertise and knowledge to draft such
legal notices. He/she will be able to accumulate important information for the client and draft
the notice accordingly. He/she will ensure that you are on the right path in attaining justice. A
lawyer can manage all legal paperwork effectively. Therefore, hiring an expert recovery lawyer is
of prime importance in order to ensure that your legal notice for recovery is sent correctly,
keeping in mind the possible litigation that may ensue.

What is Anticipatory Bail Petition Application Format (Sessions Court & High Court)?

Anticipatory bail petition is filed under Section 438 of the Code of Criminal Procedure by an
accused person who is apprehending arrest by the police. Anticipatory bail petition can be filed
before the court of sessions, High Court, Supreme Court of India only. One can file a petition for
anticipatory bail even if a First Information Report (FIR) has not been filed and the person is
merely apprehending arrest.

Why is Anticipatory Bail Petition Application Format (Sessions Court & High Court)
required?

Anticipatory Bail petition is filed by a person who is apprehending arrest in relation to criminal
offence. In case a person is anticipating that he/she might get arrested or an FIR may be filed
against him/her in relation to an offence, he/she can file an application in the appropriate court
for anticipatory bail.

What should a Anticipatory Bail Petition Application Format (Sessions Court & High Court)
cover?

An anticipatory bail application should contain the details of FIR based on which the
apprehension of arrest was drawn by the petitioner. In case an FIR has not been filed, the
petitioner must present supporting documents or proof that proves his claim regarding the
anticipation of arrest. The petitioner should also mention in the petition the grounds on which
he is asking for anticipatory bail.

Format for Anticipatory Bail Petition Application Format (Sessions Court & High Court)

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BEFORE THE HIGH COURT AT __________________________________

IN THE MATTER OF:

STATE

VS

_____________________

(FIR Number: _________)

Under Section: (_____________________)

Police Station: (______________________)

APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF THE
ACCUSED (name of the applicant of the bail)

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered on false and bogus facts. The facts stated in the FIR
are fabricated, concocted and without any basis.

2. That the police has falsely implicated the applicant in the present case, the applicant is a
respectable citizen of the society and is not involved in any criminal case.

3. That the facts stated in the complainant against the applicant are civil disputes and does not
constitute any criminal offense at all.

4. That the applicant is not required in any kind of investigation nor any kind of custodial
interrogation is required.

5. That the applicant is having very good antecedents, he belongs to a good family and there is
no criminal case pending against them.

6. That the applicant is a permanent resident and there are no chances of his absconding from
the course of justice.

7. That the applicant undertakes to present himself before the police/court as and when
directed.

8. That the applicant undertakes that he will not, directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the Court or to any police officer.

9. That the applicant further undertakes not to tamper with the evidence or the witnesses in any
manner.
10. That the applicant shall not leave India without the previous permission of the Court.

11. That the applicant is ready and willing to accept any other conditions as may be imposed by
the Court or the police in connection with the case.

12. That the Court below has failed to consider all the facts and circumstances of the case and
has wrongly dismissed the anticipatory bail application.

PRAYER

It is therefore prayed that the court may direct the release the applicant on bail in the event of
his arrest by the police.

Any other order which the court may deem fit and proper in the facts and circumstances of the
case may be also passed in favor of the applicant.

APPLICANT

THROUGH

COUNSEL

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Documents Required for Anticipatory Bail Petition Application Format (Sessions Court &
High Court)
The application for anticipatory bail under Section 438 of the Code of Criminal Procedure is to
be signed by the accused or the applicant of the bail. An affidavit in support of the application is
to be filed along with the main application. A readable copy of the FIR is also to be attached
along with the petition. All relevant documents are also to be annexed along with the bail
application based on which the applicant is seeking anticipatory bail from the court. The
Counsel who is filing the application must also sign the application and must attach his memo
of appearance or power of attorney with the application. The details of the FIR, name of the
accused, father’s name of the accused should be properly mentioned in the application so that
the said contents are properly recorded in the judicial records.

Procedure for Anticipatory Bail Petition Application Format (Sessions Court & High Court)

It is advisable to engage a criminal lawyer once a criminal complaint or FIR has been lodged.
Once engaged, a suitable course of action including application for pre-arrest notice, notice bail
or anticipatory bail can be decided upon. The Lawyer would draft an application for anticipatory
bail mentioning as to why the bail shall be granted while stating your version of the facts
surrounding the matter. Once the application for anticipatory bail is drafted the advocate will
file the same at an appropriate Sessions Court. When the matter comes up for hearing, the
lawyer must appear and present the case. If the judge sees the case to be fit for granting
anticipatory bail, anticipatory bail is provided to the accused. In case anticipatory bail
application is rejected in the Sessions Court, the application can be made to the High Court. If
the High Court also rejects the bail, the application can be made in the Supreme Court.

Legal Considerations for Anticipatory Bail Petition Application Format (Sessions Court &
High Court)

Once, the bail is granted there are few formalities that have to be followed before the person is
finally out on bail. The Court also has the power to put some conditions and restrictions on the
same.
The conditions that may be imposed are as follows:

o The person shall make himself available for interrogation by the police officer as
and when required;

o The person shall not, directly or indirectly, make any threat or promise to any
person who is aware of the facts of the case so as to discourage him from
disclosing such facts to the court or to any police officer;

o The person shall not leave India without the previous permission of the court.

How can a lawyer help to draft Anticipatory Bail Petition Application Format (Sessions
Court & High Court)?

Being charged with a crime is a serious issue. A person facing criminal charges risks severe
penalties and consequences, such as jail time, having a criminal record, and loss of
relationships and future job prospects, among other things. While some legal matters can be
handled alone, a criminal case warrants the legal advice of a qualified criminal lawyer who can
protect your rights and secure the best possible outcome for your case. Owing to the experience
in bail related issues, a criminal lawyer is an expert in dealing with the complexities involved in
cases of mental cruelty and this is why having a criminal lawyer by your side to guide you with a
case like this always adds up to your potential in dealing with the case effectively.

What is Agreement of License between Trade Mark Owner and a Manufacturer?

It is a process of creating and managing contracts between the owner of a brand and a company
or individual who wants to use the brand in association with a product, for an agreed period of
time, within an agreed territory. It determines the terms and condition for grant of use of
trademark.

Why is Agreement of License between Trade Mark Owner and a Manufacturer required?

An agreement of license between a trademark owner and a manufacturer is an official

document that states that the manufacturer of a product has the permission to manufacture
the product by the company or the individual who has trademarked it. However, the trademark
owner gets to choose the licensing terms of this agreement.

What should a Agreement of License between Trade Mark Owner and a Manufacturer
cover?

This agreement is a crucial piece of evidence which is also valid in the court of law to ensure
that the trademarked component is not being copied and produced illegally. The Agreement
must include:

o Names and addresses of both the trademark owner and the manufacturer

o Date of the agreement

o A statement to ascertain the trademark owner and his rights with the product

o Details of permission given by the trademark owner to the manufacturer (how

many products, how many consignments, timelines, etc.)

o Details of where the product will be produced and how much will it priced

o A clause stating that product must contain the trademark owner’s name on it

o A clause stating that the trademark owner will have the right to reject the product
if it doesn’t meet the quality standard

o A clause stating that though manufactured by another person, the ownership of

the product will be with the trademark owner

o Details of the royalty to be paid to the trademark owner

o Contract timelines
 o The consequences of breach of contract (if it so happens) and the next course of
action

o The manufacturer’s registration details

o The consequences of a dispute

o Contract termination details

The agreement then has to be signed and approved by both the trademark owner and the
manufacturer before it becomes legally valid.

Format for Agreement of License between Trade Mark Owner and a Manufacturer

Download Word Doc

DRAFT OF AGREEMENT LICENSE BETWEEN TRADEMARK OWNER AND A MANUFACTURER

AGREEMENT is made this _____________day of ________ between __________M/s

______________, a Company registered under the Companies Act,____, and having its registered
office at ___________ hereinafter referred to as `the Licensor' of the One Part and Mr.
._________________carrying on business of ________________ Hereinafter referred has `the
Licensee' of the Other Part

WHEREAS

1. The Licensor is the proprietor of a trade mark more particularly described in the schedule
hereunder written and which is duly registered under the Trade and Merchandise Marks Act
1958.

2. The Licensor is manufacturing and selling the goods viz ____________________ under the
said trade mark.

3. The Licensee who is running a small scale industry has requested the Licensor to grant him
a license to manufacture the said goods with the trade mark embossed or printed thereon as is
being done by the Licensor and which the Licensor has agreed to do on the following terms and
conditions agreed to between the parties hereto.

NOW IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

1. The Licensor hereby grants to the Licensee a license to manufacture the said goods as a job
work by applying the said trade mark, particulars of which are described in the Schedule
hereunder written.

2. The Licensee agrees and undertakes that all of the said goods manufactured by the
Licensee in his factory at ______________or elsewhere shall be sold to the Licensor and not to
anybody else at the price of Rs __________per item or article. The Licensee undertakes to
manufacture and supply to the Licensor a quantity of not less than _________________every
month.

3. The goods so manufactured with the said trade mark applied to them will be supplied and
delivered by the Licensee to the Licensor at the latter s business premises at _______ at his own
costs of transport.

4. The price of the said goods so supplied will be paid by the Licensor against delivery after
deducting there from the royalty payable by the Licensee to the Licensor as hereinafter
provided.

5. The Licensor shall have the right to reject any goods supplied if they are not as per
specifications or quality which are made known to the Licensee and in the event of such
rejection the Licensee shall take back the rejected goods from the Licensor's premises at his
own costs and until such removal they will be at the risk of the Licensee. The Licensor agrees
that during the subsistence of this agreement, the Licensor will not get the said goods
manufactured from anybody else.

6. The ownership of the said trademark will always remain with the Licensor and the Licensee
will not pass off the said goods as if he is the owner of the said trademark.

7. The Licensee will be at liberty to put a label or advertise that the said goods are
manufactured by him but it will also be mentioned that the trade mark belongs to the Licensor
and that the goods are manufactured for the benefit of the Licensor.

8. In consideration of the Licensor allowing the Licensee to manufacture the said goods with
the said trade mark the Licensee agrees to pay to the Licensor by way of royalty a sum equal to
______________per cent of the price of the goods at which they will be sold to the Licensor by the
Licensee as aforesaid.

9. The Licensee shall keep an account of the goods manufactured and sold to the Licensor
and the price received by him and royalty paid in respect thereof and such account shall be
open to inspection by the Licensor from time to time as may be required by the Licensor. The
Licensor will also have the right to enter upon the premises of the Licensee where the goods are
manufactured and to take inspection of the goods manufactured.

10. This agreement will remain in force for a period of ______ years from the date hereof and on
the expiration of the said period or earlier termination thereof as herein provided, the Licensee
shall stop manufacturing the said goods under the said trade mark and all the goods till then
manufactured and lying undelivered to the Licensor will be delivered to the Licensor in terms of
this agreement as aforesaid.
11. If the Licensee commits breach of any term of this agreement, the Licensor will be entitled
to terminate this agreement by fifteen days prior notice in writing to the Licensee and on the
expiration of the notice period, this agreement shall stand terminated unless in the mean while
the breach complained of is remedied to the satisfaction of the Licensor.

12. The Licensee may get himself registered as a registered user under the provisions of the
Trade & Merchandise Marks Act 1958 subject to the terms of this agreement.

13. If the Registrar of Trade Marks while registering the Licensee as a registered user puts any
condition which is not acceptable to the Licensor, the Licensee will withdraw the application for
registration or the Licensor will have the option to terminate this agreement.

14. If any person is found by the Licensee to infringe the said trade mark either by passing off or
otherwise, the Licensee will bring that fact to the notice of the Licensor to enable him to take
necessary legal action against such person and in that event the Licensee will give all
cooperation to the Licensor in prosecuting such action and all the costs thereof will be borne
and paid by the parties hereto in equal shares.

15. If the Licensee himself infringes the said trade mark by passing off or otherwise, then
notwithstanding anything provided in clause 16 hereof it will be open to the Licensor to take
legal action against him and in such case the Licensee will not be entitled to challenge the
ownership of the Licensor in respect of the said trade mark.

16. In the event of any dispute arising out of this agreement, the same will be referred to
arbitration of a common Arbitrator if agreed upon or in the absence of such agreement, to two
Arbitrators one to be appointed by each party hereto and the Arbitration will be governed by the
Arbitration Act for the time being in force.

IN WITNESS WHEREOF the parties have put their respective hands the day and year first
hereinabove written.

THE SCHEDULE ABOVE REFERRED TO

Signed and delivered for and on behalf of

Within named Licensor ____________Company

By its Managing Director

In the presence of _____________

Signed and delivered by the

Within named Licensee Mr.______________

In the presence of ____________

Download Word Doc

Documents Required for Agreement of License between Trade Mark Owner and a
Manufacturer

In order to enter into this agreement the Trade Mark owner must have the trademark registered
in his name and must have the relevant documents evidencing his title over the trademark in
question. Other than this, the identity proofs of the parties can also be scrutinized before
entering into the agreement.

Procedure for Agreement of License between Trade Mark Owner and a Manufacturer

No set procedure is applicable in the making of an agreement of licence. Once the agreement
has been drafted by a lawyer, it should be specifically and carefully read by both the parties to
the agreement. Any necessary changes required to be made shall be carried out and once the
agreement is finalised, it shall be signed by both the parties along with the requisite witnesses.
The agreement is then legally binding when it is printed on judicial stamp paper/e-stamp paper
and signed by both the parties. The stamp paper value depends on the particular State in which
it is executed. Each party should thereafter keep a signed copy of the Agreement.

Legal Considerations for Agreement of License between Trade Mark Owner and a
Manufacturer

An agreement of licence is a legal document that includes clauses stating the terms and
conditions between the parties. It needs to be printed on a judicial / e-stamp paper of the
correct value and signed by both parties. The agreement is required to be registered after
stamping with proper value, as per State laws.

What is Licence to use Copyright?

A copyright licence is a form of contract (also known as a 'permissions agreement') based in

copyright law. It represents an agreement between someone who wants to use a work (a film,
song, image, text, etc) and someone else who can give permission to use it, often in exchange
for money.

Why is Licence to use Copyright required?

A copyright licence enables the owner of the copyright to assign the rights to use the copyright
to another person based on the terms and conditions established between the parties. The
owner of the copyright can put in reasonable restrictions upon the person to whom the
copyright being assigned to regarding the use of the particular copyright through the agreement
in order to protect exploitation of the copyright.

What should a Licence to use Copyright cover?

A license deed in relation to copyright should comprise of following particulars:

o Duration of license
 o The rights which have been licensed

o Territorial extent of the licensed

o The quantum of royalty payable

o Terms regarding revision

o Extension and termination

Format for Licence to use Copyright

Download Word Doc

DRAFT OF LICENSE TO USE COPYRIGHT AGREEMENT

I ………….s/o………………. r/o………………...., the owner of the copyright, to Award the LICENCE to

s/or/o for using the said for the purpose of for a period of in lieu of the consideration of already
paid to me on.., and I hereby acknowledge the receipt of said amount.

Date.

Download Word Doc

Documents Required for Licence to use Copyright

In order to enter into this agreement the copyright owner must have the copyright registered in
his name and must have the relevant documents evidencing his title over the copyright in
question. Other than this, the identity proofs of the parties can also be scrutinized before
entering into the agreement.

Procedure for Licence to use Copyright

No set procedure is applicable in the making of an agreement of licence to use copyright. Once
the agreement has been drafted by a lawyer, it should be specifically and carefully read by both
the parties to the agreement. Any necessary changes required to be made shall be carried out
and once the agreement is finalised, it shall be signed by both the parties along with the
requisite witnesses. The agreement is then legally binding when it is printed on judicial stamp
paper/e-stamp paper and signed by both the parties. The stamp paper value depends on the
particular State in which it is executed. Each party should thereafter keep a signed copy of the
Agreement.
Legal Considerations for Licence to use Copyright

An agreement of licence to use copyright is a legal document that includes clauses stating the
terms and conditions between the parties. It needs to be printed on a judicial / e-stamp paper of
the correct value and signed by both parties. The agreement is required to be registered after
stamping with proper value, as per State laws.

How can a lawyer help to draft Licence to use Copyright?

While drafting agreements, it is important to know as to what terminology should be used while
drafting the same as a small ambiguity in the terms can also jeopardize the claim of the parties.
This is why it is crucial to have a documentation lawyer to assist you with the drafting an
agreement. Being an expert in the area of documentation law, a documentation lawyer knows
the nitty-gritty of the legal procedures and the requirements involved in drafting an agreement.
With the experience attained in the field, he/she can guide you with the right advice while
entering into an agreement and can make sure that such mistakes are eliminated that cannot be
resolved even through further legal procedures.

What is Legal Notice for Defamation?

Defamation is when untrue accusations or statements are made which are malicious and
harmful towards a person’s reputation. Defamation can be in the form of libel (written words) or
slander (spoken). A legal notice for defamation is sent under Section 499 of IPC seeking remedy
under criminal law, or under the CPC (Civil
Procedure Code).

A legal notice is a formal intimation between two persons warning the other person before a
legal action is initiated to get his/her due compensation or damages in respect of the
defamation.

Why is Legal Notice for Defamation required?

A legal notice for defamation is the first step to initiate civil or criminal proceedings against the
person(s) defaming you. As stated earlier, it is a kind of warning to initiate a court case if the
demands such as compensation / damages etc. for loss or damage to reputation etc. are not
met. One must send a well-drafted and legally sound notice to ensure that you get a prompt
response on your notice and you have maximum opportunity to get damages/compensation.

What should a Legal Notice for Defamation cover?

The legal notice for Defamation must consist of the following:

o The legal notice must be drafted in the letterhead of an advocate which is to be

specific and proper.

o It should contain addresses and contact details of the advocate.

 o The date on which the legal notice is issued including the name, address, and
contact details of the person to whom the legal notice is issued is to be stated.

o Since the legal notice for defamation is going from the client’s end, the name
and details of the client should be mentioned.

o Detailed description of the incident which raised the cause of action (leading to
damage to the reputation).

o The relief claimed by the sender of the notice.

o It should be made clear in the notice as to how your right has been infringed and
how your reputation has been damaged due to the act or omission by the
opposite party and for that what you want from him/her. A specific direction
must be given to the opposite party along with a time limit.

o The notice must be signed (with date) by the advocate and the sender.

Format for Legal Notice for Defamation

Download Word Doc

LEGAL NOTICE

To,

Sub:- LEGAL NOTICE FOR DEFAMATION

That I have been instructed by my client namely Sh_____, son of _____ resident of _________ New
Delhi to serve upon you legal notice for defamation on the following legal grounds.

1. That earlier litigation was pending between my client and Army Welfare Trust etc in the court
of competent jurisdiction and later on, on the basis of compromise, the said matter was
patched up and AWT/ DHQ granted land comprising Khasra _____, etc total measuring _____
situated in ______ New Delhi d to my client against the consideration/exchange of another land.
The said land was granted for the __________ and place of residence of ______ of the said _____
and _________, which has already constructed at the time of compromise between the parties
and for the Mosque, Graveyard and Funeral Place and for any other public purposes.
2. That my client is the caretaker of said ___________ property and used to serve _____ there at
said ______ on regular basis.

3. That my client being caretaker of the said _______, enjoys a very good reputation, respect, and
honor not only in the eyes of inhabitants but also in the eyes of twin cities especially.

4. That my client is a respectable citizen of this country. He is enjoying a very good reputation,
command, and great respect amongst the family, friends, colleagues, and locality as well as the
community. My client is having great respect, dignity, and prestige in the area and also having a
blot-less career throughout his life.

5. That my client filed a suit for declaration and permanent injunction before the Court of
________, Civil Judge, Delhi in which the SHO P.S _____, Delhi was also made the party in the
suit.

6. That the summons was issued to all the parties including SHO, P.S _____, Delhi.

7. That the said suit is pending adjudication before the Court of _______, the Learned Civil Judge,
Delhi, in which you submitted comments/report before the Learned Court, whereas, you were
not the party to suit.

8. That my client shocked to see that you have written in the said report that my client
is “_________” and wants to usurp the land of valuing in billions.

9. That you have leveled serious allegations against my client.

10. That due to the said allegations against my client without any basis and purely engineered
on malice, client suffered mental agonies, torture. Furthermore, my client is facing continuous
mental torture, harassment, and fear.

11. That due to the said averments which you made in the said report not only communicated to
the parties to the suit, which is now a public document, the reputation of my client, as well as
his family, has been damaged in such that there could not be repaired. The credibility built by
my client during the span of time is shattered due to writing the false, frivolous, fictitious, and
baseless allegations against my client.

12. That the defamatory statement/ averments which you made in the report, which is
submitted before the learned Civil Judge, New Delhi, is having a tendency to injure the
reputation of my client i.e. to lower him in the estimation of others and to bring him in in
obliquity contempt and ridicule. Which my client also reserves the right to file for defamation
and damages.

13. That my client is demanding special damages on account of mental torture, agony, financial
loss, and injury inflicted to his reputation, honor due to the statement/averments, which you
have made before the Learned Civil Judge, Delhi as well the detail of the same are mentioned as
under:

General Damages

Injury/ loss to reputation as a person = 10,00,000/-

Mental torture and physical agony = 10,00,000/-

Loss in family honour: = 3,75,000/-

Legal assistance & General charges = 25,000/-

GRAND TOTAL = 24,00,000/- (as general and special compensation)

That through the instant legal notice for defamation, you are hereby advised to pay the above-
said amount to my client within 14 days after the issuance of instant legal notice, otherwise, my
client has positively instructed me to use against you in the Court of Law at your risk and costs.

A copy of the instant legal notice for defamation is retained in my office for further necessary
action.

Counsel(s)

ADVOCATE

ADDRESS:_________________

Download Word Doc

Documents Required for Legal Notice for Defamation

The following documents must be scrutinized while drafting a legal notice for defamation:
 o Proof of words/images etc (spoken or displayed or written) that have damaged
the reputation and thus caused defamation,

o Identity proof of sender,

o Any proof of damage to reputation, etc.

Procedure for Legal Notice for Defamation

No set procedure is applicable in the making of a legal notice for defamation. However, a legal
notice must be drafted and signed by a lawyer, with all the necessary details/contents as
mentioned above. Once the notice is drafted it should be thoroughly examined by the sender. It
should then be sent to the other parties. If no action is taken or no reply is received within the
number of days mentioned upon the notice, a suit for defamation against the defendant can be
filed in the court of proper jurisdiction.

Legal Considerations for Legal Notice for Defamation

A Legal Notice for Defamation is mainly governed by Code of Civil Procedure 1908, and the
Indian Penal Code 1862. In India, Defamation can be both a civil wrong and a criminal wrong.
Defamation is a tort under the civil law and a person can opt to file a civil suit for defamation
and compensation in the Court of appropriate jurisdiction (depending upon the amount of
compensation).

In order to seek justice from the criminal courts, the definition of defamation under the Indian
Penal Code (Section 499) must be fulfilled. A criminal procedure can be initiated against the
accused before the Judicial Magistrate having First Class rank. The accused can be punished
under Section 500 of the IPC.

How can a lawyer help to draft Legal Notice for Defamation?

Since, a legal notice is the first step towards recovery litigation, it is highly recommended that
you hire a civil or criminal lawyer. A lawyer has the requisite expertise and knowledge to draft
such legal notices. He/she will be able to accumulate important information for the client and
draft the notice accordingly. He/she will ensure that you are on the right path in attaining justice.
A lawyer can manage all legal paperwork effectively. Therefore, hiring an expert lawyer is of
prime importance in order to ensure that your legal notice for defamationn is sent correctly,
keeping in mind the possible litigation that may ensue.

What is Legal Notice for Cancellation of Power of Attorney?

If due to some reason any person is unable to do any particular act, or appear before the Court,
any other authority, or to execute any particular document, then he/she can issue Power of
Attorney. However, if the attorney after the execution of a Power of attorney does anything
against the terms of it, then a legal notice for cancellation of power of attorney can be sent to
him by the principal. The principal before taking any other action must send a legal notice for
revocation of power of attorney.

Why is Legal Notice for Cancellation of Power of Attorney required?

The legal notice for cancellation of power of attorney is required in the following scenarios,
when:

o The attorney does anything contrary to the terms and conditions of the Power of
Attorney

o The work or business is complete for which the power of attorney exists

o If the principal himself/herself completes the work

What should a Legal Notice for Cancellation of Power of Attorney cover?

Legal notice for cancellation of power of attorney must contain these essential points:

o Name, description, and place of residence the person or persons

o Name, description, and place of residence of the sender of the notice

o Details of the cause of action

o The detailed description of the incident which raised the cause of action

o The specific time for revoking the power of attorney

Format for Legal Notice for Cancellation of Power of Attorney

Download Word Doc

Legal Notice Format

Ref. No……………. Dated ____, __________

REGD.A.D.

SUB.: LEGAL NOTICE FOR CANCELLATION OF POWER OF ATTORNEY

To,

[Name of Attorney]

[Address of Attorney]

[City, State, PIN Code]

Dear Sir/Madam,
Pursuant to the instructions from and on behalf of my client, ___________________, resident of
_________________, I do hereby serve you with the following Legal Notice:

That my client, ______, had executed a Power of Attorney (PoA) dated _______ in your favor,
authorizing you to act on behalf of my client in matters concerning [brief description of the
powers granted under the PoA].

That it has come to the attention of my client that you have acted contrary to the terms and
conditions specified in the said Power of Attorney. Specifically, you have [describe the specific
acts or omissions that are in violation of the PoA, with dates and details].

That your actions are in clear violation of the authority granted to you under the Power of
Attorney and have caused significant distress and potential harm to my client's interests.
Therefore, my client, ______, hereby revokes and cancels the Power of Attorney dated _______
executed in your favor with immediate effect. You are instructed to cease and desist from acting
on behalf of my client in any capacity and to return all documents, records, and properties
related to the Power of Attorney to my client forthwith.

Furthermore, you are required to provide a full account of all actions taken by you under the
authority of the Power of Attorney and any transactions conducted on behalf of my client within
15 days from the date of receipt of this notice.

Failure to comply with the above instructions will compel my client to initiate appropriate legal
proceedings against you, including but not limited to filing a suit for recovery of damages and
any other relief deemed appropriate by the competent court of law. In such an event, you will be
fully responsible for all costs, risks, responsibilities, expenses, and consequences thereof.
Please note well.
A copy of this Notice is kept in my office for record and further necessary action, and you are
also advised to keep a copy safe as you would be asked to produce it in court.

____________

ADVOCATE

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Documents Required for Legal Notice for Cancellation of Power of Attorney

No specific documents are required for drafting a legal notice for the cancellation of power of
attorney. However, the power of attorney must be scrutinized before sending the legal notice for
cancellation. Also, the details of the parties and their addresses must also be checked before a
legal notice for cancellation of power of attorney is being sent.

Procedure for Legal Notice for Cancellation of Power of Attorney

In order to cancel or revoke any Power of Attorney, there are certain specific steps that need to
be followed in a particular manner in order to legally revoke such a Power of Attorney. The steps
for such revocation of the Power of Attorney have been enumerated below:

o Firstly, only a POA that is of a revocable nature can be cancelled after it has only
been duly notarized by issuing a notice or a letter of revocation to the respective
Attorney.

o Such a letter of revocation must mention the reason for which this power (POA)
is being revoked along with the effective date of revocation and the
consequences of such an action therein.

o Such a notice of a letter must be duly served upon the Attorney for proceeding
with the revocation procedure.

o Furthermore, a paper publication is also required to be sent after issuing such

letter of revocation so as to inform all interested parties of the same.

o Moreover, a revocable Power of Attorney that is registered before a registrar or a

sub registrar can be revoked through the Deed of Revocation, wherein such a
deed is also required to be registered at the place of residence of the executor.
 o Such a deed is required to comprise of the reason for such revocation, the
effective date of the revocation and the consequence which may follow.

o After this deed has been drafted and registered, a copy of it must be sent to the
Attorney in order to intimate him of such a revocation.

o Next, a paper publication must be necessarily made after issuing such a Deed of
revocation for making sure that the public in general has intimation about the
power having been revoked thereof.

o However, it is important to note that it is highly difficult to revoke an irrevocable

power of Attorney particularly if the Attorney in question has an interest in the
subject matter of the Power of Attorney.

o But in the case of a breach of the power, a revocation notice can be issued and in
some specific cases even a court of appropriate jurisdiction ould be approached
in order to bring forth the revocation of the POA.

o However, the Power of Attorney also automatically stands cancelled or revoked

in case of the death, insolvency or insanity of the executor in question or even
the Attorney or in such cases wherein the primary purpose of the POA has been
concluded.

Legal Considerations for Legal Notice for Cancellation of Power of Attorney

One needs to note the following cases when the Principal cannot revoke the power of attorney
such as:

o When the attorney has some right and interest over the subject matter. For that,
the power of attorney, the principal cannot revoke the power of attorney. In this
case, the consent of the attorney is mandatory for revocation.

o In case the attorney partly exercises his duty in accordance with the clauses of
the power of attorney. Then there is no deprivation of the right of the act which
he performs.

How can a lawyer help to draft Legal Notice for Cancellation of Power of Attorney?

Legal notice for cancellation of power of attorney is a legal document and thus hiring a
documentation lawyer for the purpose of drafting and execution is an important step. A
documentation lawyer, owing to his years of experience in drafting legal notices, can guide you
through the procedure of drafting along with the documentation required and the legal
considerations to be kept in mind for the same. He/she can ensure that all legal formalities are
fulfilled while sending the legal notice and that no legal harm is caused that cannot be rectified
even with future legal proceedings.