Generally it is known as deed, it is taken from convey. Transfer of right from one person to another. And knowledge of transferring the rights from one person to another is called Conveyancing. The below things possible in right through the Conveyancing (means when the Conveyancing is written the below things exist):

  1. Create the right.
  2. Extinguish right (define rights)
  3. Transfer the right.
  4. Divide the right.

The instrument (stamp) which is used in it is called conveyance. This has been developed through the practice. No enacted law is there.

In England it is know as Indenture (Deed) document. In deed there might be one side deed, which is known as Pol Deed such as latter of attorney.

Elements:

  1. It should be so worded that no ambiguity would be there. Every person should know it.
  2. Intention of the parties must be conveyed.
  3. Perfect in eyes of law- legal.

 Division of Conveyancing (Parts of Deed):

Whenever we write a deed it is divided into three parts:

  1. Non operative parts.
  2. Operative Parts, such as rent, lease, mortgage.
  3. Formal Parts, such as signature, registration, stamp, etc.
  4. Non Operative Parts
  5. Description of deed: in the top with capital letter and name is given to the deed. Such as SALE DEED, RENT DEED, LEASE DEED, etc. the top is not enough we have to go in detail of the deed.
  6. Date of deed: it is written in running English not in figures. (This sale deed is being written on twenty seven day of September, nineteen ninety eight). Normally it is the date of executation, there are certain deeds which will be executed afterward such as will deed. If there is no date then the date of registration is considered.
  • Parties of the deed: the parties of the deed must be described in sufficient detail that might be easy of identification such as name, father name, caste, age, resident, profession, NIC. (Between Moh Ismail Shahid caste Arian, age twenty five, resident of H: 548, St: 46, G10/4, student of Faculty of Shariah and law IIUI, NIC: 2256322456249524 [Hereinafter called “the seller”]. And Sayed Zakrai, caste Hashimi, age: twenty seven Y, resident of Room:57, Hostel:4, New Campus, H:10, NIC: 5213, [Hereinafter called “the buyer”] )

 

Parties:

  1. Companies: name, having registration, registered office. Such as (between noor sugar mill having registration no: 27658, which has registered office located in Main sadder Road Rawalpindi [Hereinafter called “the seller”] and Ismail Shahid, caste Arian, age: 25, residing in G10/3, NIC [Hereinafter called “the buyer”])
  2. Minor: minor cannot contract, if need to sale or buy property then court will appoint a guardian such in the deed the following description should be mentioned; name of guardian, age, resident, etc. ( Rashid, age 12, student of class 6th of Alpha Public School, resident of Barako, Rawalpindi a minor, acting through a guardian appointed (proposal guardian) by Rawalpindi District Court, Muhamamd Ismail Shahid, age:25, residing in Barako Rawalpindi, age: 24, NIC:254564 [Hereinafter called “the seller”] And.………)
  1. Recital: it explains the relationship of parties, it means to bring the parties together, it starts with (WHERE AS the buyer is agreed to buy, or to sell, or to rent, WHERE AS the seller is agreed to sell 10 Marla of land located in G11/3, St: 45, H: 562 by the price of 40 lak rupees. Or WHERE AS the owner of the house is agreed to rent his house located in G10/4, St:46, H:420, for the period for one year, for the price of 40000 per month which total amount of one year is 480000/ rupees)
  1. Operative Parts
  2. Testatum or premises: after the recitals, it starts with (Now this deed witnesses) this part give effect tot the intention of the parties. (Now this deed witnesses that seller has received an amount of Rupees 60000/ for selling the plot and has absolutely transferred the plot the buyer. Or has rented the house, or has leased the house, etc).
  3. Habendum: purpose to define the intention or interest of parties. If there is limitation in that it is mentioned here. Such as duration of rent. If there are any taxes in the property, it is also mentioned here. (The buyer will pay all outstanding dues of electricity, gas, etc)
  4. Exceptions & Reservations: anything which is excepted so it should be mentioned here. (The ten trees which are located in the yard or backside are not part of the deed) reservation of passage of water or animal or road, etc.
  5. Covenants, terms & Conditions: (The party will get the property registered by his name and if not happened then he would be responsible) (if rent is not paid properly there will be fine of 10%) (Sub rent is not allowed).

 

  1. Formal Parts
  2. Testatum: testifies that both the parties have signed the deed. It starts with (IN WITNESS WHERE OF the parties for said deed namely buyer and seller on this date have signed (or put their hands) on this deed in the presence of two witnesses)
  3. Signature & Attestation: Minimum two is the requirement of attestation. If the document consists more than one page the parties and witnesses have to sign in every page of that deed.
  4. Parcels & Description of the Property: Parcel means additional, to attach any other document such as power of attorney, any form, any document of the property should be written in the deed.

Additional Info about the deed

  1. Execution: signing and giving consent by parties if document needs, if by law, it should be attested for execution. It also means delivery; document must be presented at the time of executation and also include reading the document.
  2. Attestation: S.3 of TOP explains attestation; signing of witnesses in front of parties. And signing of parties in front of witnesses. Two witnesses are generally sufficient. Documents which are required by law should be executed, such as bond, gift of immovable property, and mortgage.
  3. Registration: if the law does not require registration, the document is complete as soon as it is written. But if required it must be represented to registrar. S.17 of Registration Act explains that documents. There are certain documents which must be compulsory registered such as gift of immovable property, any instrument which creates, declares, limits or extinguishes, assigns in future or at present any right, any title or any interest in the property of the value of rupees of one hundred or more, any acknowledgment of payment received in respect of value, from year to year lease of any immovable property.
  4. Time of Registration: S.23 of Registration Act leads us. Generally four months have been given for registration. The registration may condue the delay by levying fine not exceeding ten times of the amount of registration fee. But for will he can register any time he likes.
  5. Place of Registration: any where, where the major portion of property is situated. But it is not mandatory. All property can be registered in one place.
  6. Who may present Registration: party in whose favor the right is created, representative or authorized agent.
  7. Effect of Registration: it will be authenticated record for future litigation. Documentary evidence excludes oral evidence.
  8. Delivery: after the document should be delivered to the person to whose favor right is created.
  9. Stamp duty: appropriate value of stamp is needs which is in Stamp Act.

 

SALE DEED

This Sale Deed is being written on twenty seven day of September two thousand ten, between Sayed Zakria S/o Sayed Shamsudin, caste Hashimi, age: 25, student of FSL, IIUI, resident of house no : 548, St:46, G10/4, Islamabad, NIC: 454132-553-3251 [Hereinafter called “the seller”]. And Mohammad Ismail Shahid S/o Abdul Hamid, caste Arian, age: 26, residing in H: 54, St: 53, Phaze 3, Hayatabad, Peshawar, NIC: 65475-351-12 [Hereinafter called “the buyer”]

WHERE AS the seller is selling a plot which is located in St: 21, No: 96, G11/3, 10 Marlas, Corner plot, by the price of 80 lak rupees, through power of attorney dated 10 January 2010, registered under Registration no :452, book 5, volume II, in District Court Rawalpindi which he is the absolute owner of the above mentioned plot.

NOW THIS DEED WITNESSES that the seller has received all the amount of 80 Lak rupees for selling the above mentioned plot and has absolutely transferred the plot to the buyer.

The plot is free from all encumbrances. The buyer has to pay all outstanding dues of electricity and gas.

The buyer will get the plot registered by his name and if not happened he will be responsible for the consequences of non registration.

IN WITNESS WHERE OF the parties for said namely the seller and the buyer on this date, have put their hands on this deed in the presences of two witnesses.

 

Parties:

Seller:_____________                                                                       Buyer:_______________

 

Witnesses:

Witness No. 1__________                                                               Witness No. 2_________

 

 

RENT DEED

 

This Rent Deed is being written on twenty seven day of September two thousand ten, between Sayed Zakria S/o Sayed Shamsudin, caste Hashimi, age: 25, student of FSL, IIUI, resident of house no : 548, St:46, G10/4, Islamabad, NIC: 454132-553-3251 [Hereinafter called “the owner”]. And Mohammad Ismail Shahid S/o Abdul Hamid, caste Arian, age: 26, residing in H: 54, St: 53, Phaze 3, Hayatabad, Peshawar, NIC: 65475-351-12 [Hereinafter called “the tenant”]

WHERE AS the owner is giving on rent a plot situated in H: 96, St: 21, E7/3, 10 Marlas, corner plot, for the price of 30000(thirty thousand rupees) per month, for the period of one years which the total amount of one year is 3 lak and sixty thousand rupees.

NOW THIS DEED WITNESSES that the owner has received amount of 1 Lak and twenty thousand rupees for the rent of three months in advance for renting the above mentioned plot and absolutely has transferred the plot to the tenant.

The plot is free from all encumbrances. The owner has to pay all the outstanding dues of electricity and gas. The tenant is not allowed to sub, lease or to keep animals in the house. The tenant has to pay the remaining the rent money at the 3rd of every month and if late 10% will be added. The tenant must be careful about the cleanness of the house. The house is not allowed to be used by bachelors just family living is allowed. Painting or any other damages are on the owner of the house. After one year new agreement will be written. Both the parties have to give notice before one month for leaving the house.

IN WITNESS WHERE OF the parties for said namely the owner and the tenant on this date, have put their hands on this deed in the presences of two witnesses.

 

Parties:

Landlord:___________                                                                    Tenant:____________

 

Witnesses:

Witness No. 1__________                                                               Witness No. 2_________

 

POWER OF ATTORNEY

 

This is poll deed, one side deed, and single person. It requires authentication (verification by the court).

Power of Attorney Act 1882: this is an act which guides for the writing of power of attorney deed.

Power of attorney authority of given by one person to more or vice verse to act on his behalf to carry out any legal transaction. It is delegation of authority in writing. The person who gives is doneer and to whom is given is donee or called attorney.

The appointment of attorney may be for some special job or specific work, it is called special power of attorney, such as selling, giving rent, etc. if it is for general purpose it is called General Power of attorney.

A person who is competent to contract can make power of attorney; no legal disability should be there. It can be executed by or in favor of two or more persons.

Attorney of donee is in accordance with instruction of doneer he is legally covered. He cannot go beyond of what has been authorized to him. S.2 of this act explains the power of doneer. There is an indemnity clause in the deed. It explains that what ever he does is as if I do it. (All acts, deeds, and things done lawfully, done by the said attorney shall be construed act, deeds, things done by me. And I undertake to ratify and conform the same as if personally done by me)

 

GENERAL POWER OF ATTORNEY

            This power of attorney is being written on twenty first of October two thousand then that I Muhammad Ismail Shahid S/o Abdul Hamid , cast Arian, age: 27, residing in H: 567, Azam Garden, Abbas Block, Lahore, NIC : 42142-52137-823, hereby constituent and appoint Sayed Zakria, caste Hashimi, age: 30, residing in room:57, hostel 4, New Campus, H 10, Islamabad, NIC:54226-62114-2222, as my attorney in my name and on my behalf to do all or any of the acts said hereafter mentioned:

  1. To collect the rent of my house which is situated in H:53, St:565, G11/3.
  2. To sell my house which is mentioned above on any cost which is according to the market price.
  3. To buy a land for me in PWD, Islamabad.
  4. To present in the court on my behalf.
  5. To sign and verify plaints, written statements, petitions of claims and objections,
  6. To appoint any advocate at the time of any dispute in civil cases.
  7. To compromise, compound or withdraw cases, to confess judgments and to refer case to arbitration.
  8. To file and receive the bank statements.
  9. To realize debts due to me.
  10. To detrain the crops of my tenant for arrears of rent.
  11. To apply for the inspection of and to inspect judicial record.

I hereby agree that all acts, deeds, and things done lawfully by the said attorney shall be construed acts, deeds and things done by me. And I undertake to ratify and conform the same as if personally done by me.

I witness and hereby set my hand to his deed on this date.

 

Executant:____________

 

Witness No. 1__________                                                               Witness No. 2_________

 

SPECIAL POWER OF ATTORNEY

This power of attorney is being written on twenty first of October two thousand then that I Muhammad Ismail Shahid S/o Abdul Hamid , cast Arian, age: 27, residing in H: 567, Azam Garden, Abbas Block, Lahore, NIC : 42142-52137-823, hereby constituent and appoint Sayed Zakria, caste Hashimi, age: 30, residing in room:57, hostel 4, New Campus, H 10, Islamabad, NIC:54226-62114-2222, as my attorney in my name and on my behalf to do all or any of the acts said hereafter mentioned;

To collect the rent of my house situated in block H, house: 54, Defence, Lahore and to rent the house to any other person as well.

Provided that he will deposit all amount on my account which is in HBL, No: 5611212442121, on three months basses and render the account.

I hereby agree that all acts, deeds, and things done lawfully by the said attorney shall be construed acts, deeds and things done by me. And I undertake to ratify and conform the same as if personally done by me.

I witness and hereby set my hand to his deed on this date.

 

Executant:____________

 

Witness No. 1__________                                                               Witness No. 2_________

 

 

Partnership Deed

Partnership is mutual relationship between two parties; individually they are partners and collectively firm.

Elements which must be mentioned in the deed are: agreement, management, distribution of profit, liabilities, duration, responsibilities, bank account, principal place, how to be dissolved, registration, no legal entity, account, render or use of account.

 

PARTNERSHIP DEED

This partnership deed is made on the first day of Feb two thousand ten, between Mohammad Ismail Shahid S/o Abdul Hamid, caste Aria, age: 25, resident of G11/3, H: 646, St: 65, Islamabad NIC:5642312 of the first part, and Sayed Zakria S/o Sayed Shamsudin, caste: Hashimi, age:27, residing in room 57, hostel 4, New Campus, IIU, H10, Islamabad, NIC:621485214-52114 of the second part (each of them hereinafter called “the partner”)

WHERE AS both the parties agreed that they become the partner for a firm of Cigarette Shop which is located in G 10 Markez, Abbas Market, Shop: 5, upon the following terms:

  1. The capital of the firm shall be Rs. 50000/ rupees to be contributed by the partners equally.
  2. The business to be carried for the period of five years from the date of executation of the deed.
  3. The name of the firm shall be Ajmal Cigarette and Pan House.
  4. The duty of Zakria is to bring Cigarette and Pan or any other things which are needed for the shop.
  5. The profit must be distributed equally.
  6. The profit should be calculated after deduction of all expenses of the shop.
  7. The profit must be calculated on 4th of every month.
  8. To make an account for the firm to put the capital and daily income of the shop in that in HBL.
  9. Zakria is authorized to use the account according to the need of the firm.
  10. Zakria cannot buy any thing for shop more than 10000/rupees.
  11. No new partner can be admitted within two years.
  12. Any partner who wants to retire must send notification before one month of his retirement.
  13. If the firm is to be dissolved all the property of the firm must be liquated arbitrarily.
  14. The firm must be opened for public from 9:00 am to 10:00 p.m.
  15. One person can be taken for help as a labour for the firm.
  16. His salary to be paid from the profit.
  17. If there is any contract by any partner in account of the firm it would be held that both the partners are liable for that.
  18. The death of any partner shall not have the effect of dissolving the partnership.
  19. The firm shall, upon dissolution be wound up and assets and liabilities dealt with in accordance with the provision of Partnership Act 1932.
  20. Any dispute or difference which may arise between the partners regard the profit, losses or dissolution shall be referred to two arbitrators, one to be nominated by each of the party, and in case of difference of opinion between them, by the umpire selected by them.

IN WITNESS WHERE OF the parties for the said deed on this date have signed on this deed on the presence of two witnesses.

 

Partner No. 1:____________                                                           Partner No. 2:__________

 

Witness No. 1__________                                                               Witness No. 2_________

 

 

GIFT DEED

This Gift Deed is being written on twenty seven day of September two thousand ten, between Sayed Zakria S/o Sayed Shamsudin, caste Hashimi, age: 25, student of FSL, IIUI, resident of house no : 548, St:46, G10/4, Islamabad, NIC: 454132-553-3251 [Hereinafter called “the doneer”]. And Mohammad Ismail Shahid S/o Abdul Hamid, caste Arian, age: 26, residing in H: 54, St: 53, Phaze 3, Hayatabad, Peshawar, NIC: 65475-351-12 [Hereinafter called “the donee”]

WHERE AS the doneer for his love and affection freely and voluntarily transfer a plot which he is the absolute owner of that property located in House: 35, St: 12, G11/4, Corner plot, 10 Marla to the donee.

NOW THIS DEED WITNESSES that the doneer has transferred the above mentioned plot to the donee. The plot is free from all encumbrances. The donee has to pay the outstanding dues of electricity for three months.

IN WINTNESS WHERE OF the parties for the said namely the doneer and donee on this date have put their hands on this deed in the presence of two witnesses. And donee has accepted the gift.

 

The Doneer: ________________

 

The Donee:____________________

 

  1. Witness
  2. Witness

 

MORTGAGE DEED

This Mortgage Deed is being written on twenty seven day of September two thousand ten, between Sayed Zakria S/o Sayed Shamsudin, caste Hashimi, age: 25, student of FSL, IIUI, resident of house no : 548, St:46, G10/4, Islamabad, NIC: 454132-553-3251 [Hereinafter called “the Mortgagor”]. And Mohammad Ismail Shahid S/o Abdul Hamid, caste Arian, age: 26, residing in H: 54, St: 53, Phaze 3, Hayatabad, Peshawar, NIC: 65475-351-12 [Hereinafter called “the Mortgagee”]

WHERE AS the Mortgagor is taking loan of 5 lak rupees from the mortgagee, and for security of that loan he transfers the interest of his property which is located in St: 21, Plot No: 96, F10/2, Corner plot, for the period of two years to the mortgagee.

NOW THIS DEED WITNESSES that in pursuance of the said agreement and consideration of 5 lak rupees, the mortgagor does herby agree with the mortgagee that the mortgagor will on twenty seven September two thousand eleven, pay the mortgagee a sum of rupees of five lak rupees. The mortgagor has to pay 5 % annual interest on the loan. If the interest or loan money remains unpaid from due date additional interest of 10 % will be added till it is paid totally. For the security of repayment of said load with interest, the mortgagor herby mortgages by the way of simple mortgage to the said mortgagee, the property which is mentioned above.

IN WITNESS WHERE OF the parties for the said namely the Mortgagor and Mortgagee on this date put their hands on this deed in the presence of two witnesses.

 

The Mortgagor: ____________

The Mortgagee: ______________

  1. Witness
  2. Witness

 

 

Rectification Deed

            It means correction, if any mistake which is in deed and it has to be rectified. The first deed becomes principal deed and referring to that.

 

RECTIFICATOIN DEED

This Deed of rectification is being written on twenty seven day of September two thousand ten, between Sayed Zakria S/o Sayed Shamsudin, caste Hashimi, age: 25, student of FSL, IIUI, resident of house no : 548, St:46, G10/4, Islamabad, NIC: 454132-553-3251 [Hereinafter called “the Seller”]. And Mohammad Ismail Shahid S/o Abdul Hamid, caste Arian, age: 26, residing in H: 54, St: 53, Phaze 3, Hayatabad, Peshawar, NIC: 65475-351-12 [Hereinafter called “the buyer”]

WHERE AS by a deed of sale made on nineteenth September two thousand ten, between the same parties, the seller has transferred the plot to the buyer, and registered the previous deed under registrar of District Court Islamabad (Hereinafter called the “principal deed”)

WHERE AS certain mistakes have accidentally occurred in the principal deed which the parties are now agreed to rectify in the manner hereafter mentioned.

NOW THIS DEED WITNESSES that the principal deed shall be rectified and corrected in the manner namely;

  1. For the word Noor Elah it is Ihsanullah.
  2. Plot No: 450 in second Para, it is 452.
  3. in line 3 for plot D12 read E12.

That as rectified and corrected the principal deed shall remain in full force and effect.

IN WITNESS WHERE OF the parties for the said namely the seller and buyer on this date put their hands on this deed in the presence of two witnesses.

Sayed Zakrai Hashimi

Mohammad Ismail Shahid

  1. Witness
  2. Witness

 

 

 

CANCELLATION DEED

This deed of cancellation is written on second November two thousand ten, that I Muhammad Ismail Shahid s/o Abdul Hamid, cast: Ariya, age: 25, student of FSL, IIUI, resident of house no: 548, St: 46, G10/4, Islamabad, NIC: 454132-553-3251 (Hereinafter called “executant”)

WHERE AS the executant has executed a power of attorney in favor of Sayed Zakria S/o Sayed Shamsudin, caste Hashimi, age: 25, student of FSL, IIUI, resident of house no : 548, St:46, G10/4, Islamabad, NIC: 454132-553-325, which is registered with registrar or Peshawar district court under Registration No:54222, Book 2, Volume VIII.

WHERE AS the executant decided to cancel the power of attorney granted by the sub deed.

NOW THIS DEED OF CANCELLATION WITNESSES that executant does herby revoke and cancel the power given by the above deed and it is herby declare that the deed shall be void and unaffected from the date of the execution of this deed.

IN WINTNESS WHERE BY the executant above mentioned set his hand to this deed.