( v) Reference of heirs, executors, assigns, etc.: After the labels of parties, reference of heirs, executors, assigns are also made, so that they may also take the benefit of the deed.Īs held in Shyam Singh v. If there are more than two parties, the expressions “of the first part”, “of the second part”, “of the third part”, etc. ( iv) Reference label of parties: Reference label of parties are put in parenthesis against the name and description of each party to avoid repetition of their full names and description at every place. In case of any contract entered into by trustees on behalf of beneficiaries, the particulars of the trust deed by which trustees have been appointed as well as their act on behalf of the beneficiaries should be referred to in the recital. ( d) Trusts: Particulars of the trust deed by which trustees have been appointed should be referred in the recital. The description of the lunatic and recital regarding court’s permission to transfer the property is written in same form as that of the minor. However, his manager can transfer his property with the permission of the court. ( c) Persons of unsound mind: As per Section 12 of the Contract Act, a person of unsound mind is not competent to contract. In case the guardian is transferring the minor’s property with the court’s permission, such permission should be mentioned in the recital. But the property other than his undivided interest cannot be disposed of without the permission of the court. Under the Hindu law, the natural guardian of a minor can transfer his or her undivided interest in joint family property, for legal necessity or for benefit of estate. ( b) Minors: As per Section 10 of the Contract Act, 1872, a minor is not competent to contract. ( a) Juridical persons: On many occasions, a party to a deed may not be a living person but may be a juridical person, for example, a company, corporation or an association. Their full description should be given for the purposes of identification. The parties in a deed should be mentioned properly. The nature of the deed determines the necessary parties. ( iii) Parties and their description: After the place and date, names and description of the necessary parties to the deed are mentioned. If the deed is executed by different parties on different dates, the date on which the deed was last executed is taken as the date of the deed. The date of execution is necessary under the Registration Act, 1908 and the Limitation Act. It is then followed by the date of execution of the deed. ( ii) Place and date: The place of execution is stated after the name of the deed. ( i) Name of the deed: The name given at the commencement of the document is not the controlling factor, it is the substance of the document and not the form which is to be considered. ( vi) There must be witness(es) that also signs the deed under their name(s) and address(es). ( v) It must be delivered to and accepted by the recipient. Although this requirement has been eliminated by most jurisdictions and replaced with signature of the grantor, however for conveyance of real estate and executed for Government, most jurisdictions require the deed to be acknowledged before a notary public or a civil law notary and some may additionally require witness(es). ( iii) The person receiving the thing or privilege must have the legal capacity to receive it. ( ii) The grantor must have the legal ability to grant the thing or privilege. ( i) It must indicate that the instrument itself conveys some privilege or thing to someone. Historically, for an instrument to be a valid deed, following things were necessary: A deed may be defined as a formal writing of a non-testamentary character, which purports or operates to create, declare, confirm, assign, limit or extinguish some right, title or interest. Under common law, a deed has been understood as an instrument written on a paper or parchment, executed by a person or corporation making, confirming, concurring in or consenting to some assurance (otherwise than by way of testamentary disposition), of some interest in property or of some legal or equitable right, title or claim, or undertaking in some act affecting legal relations or position of a party to the instrument or of some other act affecting other person or corporation.
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