Drafting Pleading and Conveyancing II Notes | B.A. LL.B. (Five Year Course) Semester 8 | Mumbai University | munotes

Contents

Module I Conveyancing: the eight deeds that move property, and the two costs on every one of them

1. What This Second Course Adds 1
2. The Seven Questions to Settle Before You Draft Any Deed of Transfer 5
3. Stamp Duty and Registration: The Two Costs on Every Deed, and How to Read the Schedule 11
4. Sale: What Section 54 Requires, and When Ownership Passes 18
5. Section 55: The Rights and Liabilities the Law Writes Into Every Sale 23
6. The Sale Deed, Head by Head 28
7. A Complete Sale Deed of a Flat, and the Errors in It 33
8. Mortgage: Section 58, and the Six Kinds It Names 41
9. Simple Mortgage, and Mortgage by Conditional Sale 46
10. Usufructuary Mortgage, and English Mortgage 50
11. A Complete Simple Mortgage Deed 55
12. A Complete English Mortgage, and a Complete Usufructuary Mortgage 62
13. What the Mortgage Deed Cannot Take Away: Redemption, and the Clog On It 70
14. Lease: Section 105, and the Line Between a Lease and a Licence 75
15. Sections 108 and 111: The Terms the Law Supplies, and How a Lease Ends 81
16. A Complete Lease Deed of Commercial Premises 88
17. Leave and Licence in Maharashtra: Why the Law Puts It in Writing 97
18. A Complete Leave and Licence Agreement 103
19. Exchange: Sections 118 to 121, and How It Differs From a Sale and a Partition 112
20. A Complete Deed of Exchange 118
21. Gift: Sections 122 to 129, and What Makes a Gift Complete 126
22. Onerous Gifts, and When a Gift Can Be Taken Back 131
23. A Complete Gift Deed 137
24. The Trust: The Indian Trusts Act, and the Certainties a Deed Must Satisfy 145
25. Public Trusts in Maharashtra: Registration, and the Charity Commissioner 151
26. A Complete Trust Deed, Private and Public 157
27. Registration: Section 17, and What Must Be Registered 167
28. Section 18, Presentation, and What Section 49 Does to an Unregistered Deed 173
29. Partnership: Section 4, and What the Deed Must Settle 179
30. A Complete Partnership Deed, and the Registration of the Firm 185
31. The Errors That Destroy a Deed of Transfer 197

Module II Matrimonial pleadings: five petitions, and the three pages behind each of them

1. Pleadings in a Matrimonial Cause: What a Petition Is, and Which Court Hears It 203
2. The Anatomy of a Matrimonial Petition, Head by Head 208
3. The Grounds of Divorce: Section 13, Ground by Ground 213
4. What the Court Must Be Satisfied Of: Section 23, and the Bars to Relief 219
5. A Complete Petition for Divorce on Cruelty and Desertion 225
6. Divorce by Mutual Consent: The Three Things Section 13B Requires 234
7. The Six Months, and When It Can Be Waived 240
8. A Complete Joint Petition Under Section 13B, With Consent Terms 245
9. Maintenance: The Five Doors, and How to Choose One 255
10. A Complete Application for Interim Maintenance, and One Under Section 144 BNSS 263
11. Custody: The One Test, and the Provisions That State It 272
12. A Complete Application for Custody, With Interim Access 279
13. Restitution of Conjugal Rights: What Must Be Pleaded, and the One Defence 288
14. A Complete Petition for Restitution of Conjugal Rights 293
15. Void and Voidable: Why the Difference Decides the Pleading 303
16. A Complete Petition for a Decree of Nullity on Fraud 311
17. Verification, Affidavit and Vakalatnama: The Three Pages Behind Every Petition 319
18. The Errors That Get a Matrimonial Petition Returned at the Filing Counter 327

Module III Drafting for a company and for a tribunal: an agreement, two petitions, two notices and an application

1. Drafting for a Company and for a Tribunal: What Changes 332
2. The Limited Liability Partnership: What It Is, and What the Agreement Must Settle 339
3. A Complete LLP Agreement 347
4. Winding Up by the Tribunal: Section 271, and Who May Petition 358
5. The Petition in Form WIN 1, Head by Head 365
6. A Complete Winding-Up Petition, With Its Affidavit and Advertisement 372
7. The Annual General Meeting: Sections 96, 101, 102 and 103 385
8. A Complete Notice of an Annual General Meeting, With Its Explanatory Statement 393
9. The Extraordinary General Meeting, and the Requisition That Forces One 405
10. Defective Goods: What the Consumer Protection Act Calls a Defect 414
11. A Complete Legal Notice for Defective Goods, and the Complaint That Follows 421
12. Corporate Insolvency: Who May Apply, and On What Default 432
13. The Demand Notice Under Section 8, and the Ten Days That Decide the Case 439
14. The Three Forms: Form 1, Form 5 and Form 6 445
15. A Complete Form 5 Application, With Its Form 3 Demand Notice 452
16. The Errors That Get a Commercial Pleading Dismissed at Admission 467

Module IV Succession, guardianship, adoption and the right to information: six documents that take effect on death or ask the State

1. Documents That Take Effect on Death, and Documents That Ask the State 473
2. The Will: Who May Make One, and How Section 63 Says It Is Executed 478
3. What a Will Must Say, and the Clauses That Cause Litigation 485
4. A Complete Will 493
5. The Codicil: What It May Do, and What It May Not 504
6. The Heirship Certificate: What It Is, and What It Is Not 511
7. A Complete Application for an Heirship Certificate 519
8. Probate, Letters of Administration and a Succession Certificate: Which One, and When 530
9. The Petition for Probate, Head by Head 539
10. A Complete Petition for Probate, and a Complete Application Under Section 372 547
11. Guardianship: Who May Apply, and to Which Court 559
12. A Complete Application to Be Appointed Guardian, With the Inventory 570
13. Adoption Under the Juvenile Justice Act: Why the Deed Is Not the Adoption 583
14. A Complete Adoption Deed 595
15. The RTI Application, and the Clock It Starts 606
16. The Reply, and the Grounds on Which It May Refuse 614
17. The First Appeal and the Second Appeal 622
18. A Complete RTI Application, Reply and First Appeal 629
19. Twenty-Four Documents, One Defective Draft Each, and the Provision That Corrects It 640