Conveyancing

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Conveyancing in India to a larger extent is influenced till date by prolix verbiage and expressions, of the British, unknown and alien to India.

Nevertheless, since in recent times, Conveyancing has gained much importance all over, it is important for us to understand the general requisites of Conveyance or Deed in order to study it thoroughly, adapt only few terms & eliminate the unnecessary ones.

Conveyance arises from “To convey” which literally means, “ To Transfer”. Any writing by which right, liability is created or transferred, limited, extended or extinguished is a “Document” or “Instrument”.

Hence every Deed or Instrument or Document generally contains the following parts:

• 1. Description of Deed; Kind of transfer; eg- Sale, Mortgage,etc
• 2. Date; on which deed is or is to be actually executed
• 3. Parties; including the description of Transferor & Transferee
• 4. Recitals, including the narrative and introductory recitals
• 5. Testatum, including the object of the deed or transfer
• 6. Consideration, setting out the consideration in lieu of transfer
• 7. Receipt, including acknowledgement of consideration by seller
• 8. Operative words, setting out the nature of transfer & conditions
• 9. Parcels/ Description of the property, in detail, to identify it
• 10. Exceptions & Reservations, eg- easement
• 11. Habendum, means the right to have and hold
• 12. Covenants & undertakings, regarding obligations to be fulfilled
• 13. Testimonium, witnessing the signatures of the parties & witnesses
• 14. The Parts of the deed from 1 to 10 are also termed as “Premises”.