Conveyancing (Sale Deed, Lease Deed, Power of Attorney, Will) notes — Unit 5

A Sale Deed is the most common conveyancing document. It transfers absolute ownership of immovable property from the Seller (Vendor) to the Buyer (Purchaser) for a price.

⇒Essential Clauses to Draft

• Recitals: Explain how the Vendor became the absolute owner (e.g., "Whereas the Vendor acquired the property via Sale Deed registered as Document No. 1234 in the year 2010...").
• Consideration Clause: State the exact amount and how it was paid (Cheque No. / Date / Bank). Mention that the Vendor acknowledges receipt.
• Transfer Clause: "The Vendor hereby sells, conveys, and transfers the Schedule Property to the Purchaser absolutely and forever."
• Covenant of Title/Indemnity: A guarantee from the Vendor that the property is free from all encumbrances, mortgages, or court injunctions, and if any defect in title is found later, the Vendor will indemnify the Purchaser.

A Lease Deed transfers the right to enjoy the property for a certain time, not the ownership. The parties are the Lessor (Landlord) and Lessee (Tenant).

⇒Essential Clauses to Draft

• Habendum (Duration): Specify the exact period of the lease (e.g., "For a period of 11 months commencing from 1st Jan 2024").
• Reddendum (Rent): The monthly rent amount, date of payment (e.g., "On or before the 5th of every month"), and the security deposit amount.
• Lessee's Covenants: Promises not to sublet without permission, not to make structural changes, to pay electricity/water bills, and to use the premises only for the agreed purpose (residential/commercial).
• Lessor's Covenants: The covenant of "quiet enjoyment" (promise not to disturb the tenant as long as rent is paid) and promise to pay property taxes.
• Termination/Eviction Clause: Conditions under which the landlord can terminate the lease early (e.g., two months' rent default).

A Power of Attorney is a document by which one person (the Principal/Executant) formally authorizes another person (the Agent/Attorney) to act on their behalf.

⇒General vs. Special PoA

• General Power of Attorney (GPA): Gives broad powers to the agent to manage all affairs (e.g., "to manage my properties, operate my bank accounts, and file court cases on my behalf while I am residing abroad").
• Special Power of Attorney (SPA): Gives power for one specific, isolated act (e.g., "to appear before the Sub-Registrar, Delhi, to register the sale deed of Property X on my behalf").

⇒Drafting Tip

A PoA must be drafted meticulously. Courts interpret them strictly. If a GPA says the agent can "manage and lease" the property, the agent CANNOT sell it. The power to sell must be expressly written.

A Will is a testamentary document. It is the legal declaration of the intention of a testator with respect to their property, which they desire to be carried into effect after their death.

⇒Essential Clauses to Draft

• Revocation of Past Wills: Start by declaring, "I hereby revoke all my former Wills and Codicils... and declare this to be my last Will."
• Declaration of Sound Mind: "I am making this Will out of my own free will, in sound disposing mind, and without any coercion or undue influence."
• Appointment of Executor: Name a trusted person to execute the instructions after death.
• Bequest (Distribution): Clearly state who gets what. (e.g., "I bequeath my house in Delhi absolutely to my daughter, Sita").
• Attestation (Most Critical): A Will MUST be attested by at least two witnesses. The drafting must show that the testator signed in the presence of the witnesses, and the witnesses signed in the presence of the testator.

Before filing a civil suit, it is standard practice (and sometimes legally mandatory, like under Sec 80 CPC or Sec 138 NI Act) to send a formal legal notice to the opponent.

⇒Structure of a Legal Notice

• Drafted on the Letterhead of the Advocate.
• Sent via Registered Post with Acknowledgment Due (RPAD).
• Subject: Briefly states the matter (e.g., "Legal Notice for recovery of Rs. 1 Lakh").
• Body: Narrates the facts leading to the dispute, just like a plaint.
• The Ultimatum: "You are hereby called upon to pay the sum of Rs. 1 Lakh within 15 days of receiving this notice, failing which I have strict instructions from my client to initiate civil/criminal proceedings against you at your cost and risk."

⇒Summary of Master Concepts

• Sale Deed: Absolute transfer. Must include consideration and indemnity clause.
• Lease Deed: Transfer of right of enjoyment. Must include rent, duration, and covenants of lessor/lessee.
• PoA: Authorizing an agent. GPA is broad; SPA is for a specific task. Strictly interpreted.
• Will: Testamentary disposition. Must declare sound mind, revoke past wills, and require 2 attesting witnesses.
• Notice: The formal warning before litigation containing a strict deadline.

⇒University Exam Tips for this Unit (Premium Advice)

• Drafting a Will: If asked to draft a Will, DO NOT forget the Attestation clause at the bottom. A Will without the signatures of two witnesses is legally void, and examiners look for this specifically.
• Lease vs Sale: Remember the terminology. Sale uses Vendor/Purchaser. Lease uses Lessor/Lessee. Don't mix them up in your drafts.