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CONTENTS

PART I
Theory and Practice of Documentation
Chapter 4

Form, Parties & Contents of Deeds

1
2.
3.
4.

Certificate
Certificate
Certificate
Certificate

MODEL FORMS
of Title
of Title (Simple form)
of Title (another sample)
as to title and other matters (English form)

77
78
79
80

PART - II
Deeds relating to Immoveable Property

- 85

Chapter 2

Sale of Immoveable Property

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

MODEL FORMS
Agreement for sale of freehold property
Another form of Agreement for Sale of free hold property
Agreement for sale of leasehold property
Agreement for sale of plot in a development layout
Agreement of Sub Sale
Assignment of an agreement for sale
Lockout Agreement
Agreement for right of pre-emption
Particulars and conditions of sale by auction of
immoveable property
Deed of Conveyance of freehold Property
Deed of Conveyance (where consideration is payable
by instalments)
Deed of Conveyance subject to mortgage
Deed of Conveyance of the Reversion
Deed of Conveyance subject to Right of Way
Deed of Conveyance by a Mortgagee
Deed of Conveyance in favour of a Mortgagee

137
140
143
146
149
152
154
155

- 157
- 161
-

163
166
169
172
175
178

xviii

CONTENTS

17. Deed of Conveyance of an interest in property


18. Deed of Conveyance of a part of the building
19. Deed of Conveyance of a property exclusive of a flat
or floor in the building
20. Deed of sale of a plot of land in a lay out
21. Deed of Conveyance of a building with four flats to four
purchasers as tenants in common
22. Deed of Conveyance of a flat in a building on apartment
ownership but without a condominium
23. Deed of Conveyance by a legal guardian of a minor
24. Deed of Conveyance by a lunatic through his Legal Guardian
or Manager
25. Deed of Conveyance by the Official Liquidator of a
Limited Company (in liquidation)
26. Deed of Conveyance by an Administrator of the estate of
a deceased person
27. Deed of Conveyance (a sample of English Practice)

- 181
- 183
- 187
- 192
- 196
- 199
- 202
- 204
- 206
- 208
- 210

Chapter 3

Mortgages
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.

MODEL FORMS
Agreement to Mortgage
Agreement to Mortgage in letter form
Deed of Simple Mortgage
Deed of English Mortgage between an individual and a
Firm of money lenders
Deed of English Mortgage of leasehold property by Guarantor
Deed of English Mortgage for corporate sector
Short form of an English Mortgage
Pari Passu Agreement
Record of mortgage by deposit of title deeds
Memorandum of agreement of equitable mortgage
Deed of Mortgage by conditional Sale
Deed of usufructuary mortgage
Deed of Anomalous mortgage
Deed of Mortgage by way of Substituted Security
Deed of Mortgage by way of Additional Security
Deed of Second Mortgage (Simple)
Deed of Transfer of Mortgage and Further charge
Deed of Transfer of Mortgage by Mortgagee
Deed of Transfer of Mortgage at the instance of the Mortgagor
Transfer of Mortgage by one of the Consortium Mortgagees
Deed of Sub Mortgage

- 250
- 253
- 256
-

258
270
277
294
297
307
308
310
312
315
319
322
325
328
332
334
337
344

CONTENTS
22.
23.
24.
25.
26.
27.
28.
29.

Deed of Charge (for a debt)


Deed of Contingent Charge
Deed of Charge
Deed of Reconveyance
Deed of Reconveyance by a substituted Mortgagee
Deed of Release
Deed of Release of a Charge
Agreement to modify Deed of Mortgage

xix

348
350
351
352
354
356
357
358

393
396
398
401
404
408
411

415
420
424
427
431
435
437
440
441
444
446

Chapter 4

Leases

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18
19.
20.

MODEL FORMS
Agreement for letting furnished dwelling house or
flat on short period tenancy
Agreement to lease for a long period
Agreement for Building lease
Deed of Lease for a term of years
Deed of Lease for a term in Perpetuity
Deed of Lease for Life time of the Lessee
Deed of Building Lease
Deed of Lease by Tenant Ownership Co-operative
Housing Society to its members
Lease of a floor premises
Deed of Lease of space for advertisement
Mining Lease for quarrying stones
Deed of lease for Plantation
Agreement of lease of an orchard
Deed of Sub-Lease or under lease
Agreement to Modify Lease
Deed of Assignment of Lease
Deed of surrender of lease of the whole property
Deed of Surrender of Lease of a part of property
Deed of Sureender of a Part of the Premises in
consideration of grant of Lease of some other Premises
Agreement for splitting up of lease

- 448
- 451

xx

CONTENTS

Chapter 5

Gift

1.
2.
3.
4.
5.
6.
7.

MODEL FORMS
Deed of Gift of moveable property
Record of a Gift of moveables
Deed of Gift of immoveable property
Deed of Conditional Gift
Revokable deed of Gift
Deed of Gift to a universal Donee
Deed of Gift of shares and securities

461
462
463
465
467
469
471

476
478
482
486

Chapter 6

Exchange of Properties
1.
2.
3.
4.
5.
6.
7.

MODEL FORMS
Agreement for Exchange of Properties
Deed of Exchange of two Properties
Deed of Exchange for Adjustment of boundaries
Deed of Exchange of moveable & immoveable properties
Deed of Exchange of properties one being subject to
mortgage & other subject to lease
Deed of Exchange in the nature of partition
Deed of Exchange of mortgaged properties

- 489
- 493
- 497

Chapter 7

Trusts
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

MODEL FORMS
Declaration of Trust (Private)
Declaration of Trust (Public)
Deed of Private Trust
Deed of Public Trust
Deed of Public Trust for educational objects
Deed of Trust (partly private and partly public) with
power to carry on business
Wakf Alal Aulad
Deed of Trust of temple property
Deed of Family Trust
Trust Deed of A Rotary Club
Deed of Revokable Trust
Deed of Revokation of Trust
Deed of Appointment of New Trustees
Deed of Appointment of New Trustee without
transfer of property

520
524
531
537
547

554
564
566
573
577
589
592
593

- 595

CONTENTS

xxi

Chapter 8

Partition
MODEL FORMS
Deed of Partition between two co-owners
Deed of Partition in consideration of owelty
Deed of Partition ( notional )
Deed of Partition reserving claim for maintenance
and residence
5. Deed of Partition between members of H.U.F.
6. Deed of partial partition
7. Deed of separation of one party from the H.U.F.
8. Deed of partition of a common house and relinquishment
9. Memorandum of oral partition
10. Deed of Partition of properties subject to mortgage and lease
11. Memorandum of Family Arrangement
1.
2.
3.
4.

- 610
- 613
- 615
-

618
622
628
631
633
637
638
641

Chapter 9

Leave and Licence


1.
2.
3.
4.
5.
6.
7.

MODEL FORMS
Leave and Licence Agreement
- 661
Leave and Licence Agreement to a Company for
residence of its officers
- 664
Leave and Licence Agreement in respect of a part of the premises - 667
Agreement of Licence of Godown for storage
- 670
Licence of premises for holding a trade exhibition
- 672
Licence to Occupy Premises
- 674
Agreement for leave and licence (for commercial use)
- 676

Chapter 10

Ownership Flats and Development Agreements

1.
2.
3.
4.
5.
6.
7.
8.
9.

MODEL FORM
Agreement for purchase of flat with builder
Agreement for sale of flat between original buyer
and new purchaser
Agreement for sale of flat by member of Co-op.
Housing Society to a purchaser
Agreement for sale of Apartment
Declaration of Apartment Ownership
Deed of (Transfer of) Apartment
Simple Mortgage of an ownership flat
Lease of ownership flat
Bye-laws of a condominium

- 724
- 733
-

735
738
746
752
757
760
763

xxii

CONTENTS

10.
11.
12.
13.

Development Agreement between Owner & Developer


Development Agreement of vacant land within ceiling limit
Development Agreement of land with building
Development Agreement in respect of vacant
land held in excess of ceiling limit
Development Agreement for extension to the existing building Agreement between Developer and tenant
Agreement of sub-development
Deed of Conveyance from the Owner of the Land direct in favour
of the Co-op. Society of Flat Purchasers without
the intervention of the Promoters
Agreement for Removal of Apartment Ownership
Agreement for Substituting Security of an Apartment
Deed of Lease of a flat by Co-operative society to its member
Deed of Transfer (for conversion of Society into
Apartment Ownership)
Deed of Trasnsfer (From Apartment ownership to the Society) Declaration of Condominium of xyz, (under American System) Articles of Incorporation of Condominium Association, Inc.
Condominium Purchase agreement
Form of Warranty Deed
-

14.
15.
16.
17.

18.
19.
20.
21.
22.
23.
24.
25.
26.

777
783
789
794
802
807
811

816
822
825
828
832
835
838
853
864
869

Chapter 11

Easements
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.

MODEL FORMS
Deed of Grant of Right of way
Deed of Grant of Limited Right of Way by Way of Licence
Agreement of Easement of Air & Light
Grant of an Easement of Light & Air
Agreement for limited Light & Air
Agreement between two adjoining owners for Air & light
Licence to use light & air
Agreement to remove obstruction to light and air
Agreement of Lease of riparian right to draw water
Agreement for sharing riparian rights
Agreement for Licence to draw water from well
Agreement as to right of Eaves Dropping
Agreement for easement of support
Grant of right of sewage & drainage
Agreement of release of right of way
Agreement of release of easement of air and light
Deed of exchange of one right of way for another
Agreement of Party wall

877
879
881
883
885
887
889
890
892
895
897
899
900
902
904
905
907
909

CONTENTS

xxiii

Chapter 12

Ancillary Documents

- 911

Section 1

Covenant for Production of Documents


1.
2.

MODEL FORMS
Deed of Covenant for Production of Documents
Deed of Substituted Covenant for Production of the Title Deeds

- 914
- 916

Section 2

Deeds of Confirmation, Rectification and Cancellation


MODEL FORMS
Deed of Confirmation by Vendor
Deed of Confirmation of Sale by Trustees
Deed of Confirmation by Lessor of Assignment
Deed of Confirmation by a trustee of Lease Granted by
other Trustees
5. Deed of Confirmation of a Deed with a Wrong Schedule
6. Deed of Confirmation and Transfer by a Benamindar in Favour
of the Real Owner
7. Deed of Confirmation by Owner of Conveyance by Attorney
8. Deed of Confirmation by HUF, Members
9. Deed of Rectification of mistakes
10. Deed of Rectification of a Lease
11. Deed of Cancellation
12. Deed of Cancellation (of Covenant for Production)
1.
2.
3.
4.

- 923
- 925
- 927
- 928
- 931
-

933
935
937
939
941
943
945

950
951
952
953
954
955
956
957
958
959

Section 3

Declaration
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Declaration
Declaration
Declaration
Declaration
Declaration
Declaration
Declaration
Declaration
Declaration
Declaration

MODEL FORMS
as to Birth Date
of Execution of Will
as to heirship
for lost deed
for title deeds, destroyed by fire
as to alterations
of no interest in property
of legal necessity
claiming no interest in property
about a person unheard of for seven years

CONTENTS

xxiv

Section 4

Releases
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.

MODEL FORMS
Mutual Releases ( General Clause )
Release of an interest in Immoveable property
Release of a share for Consideration
Release of a claim for maintenance
Release of a life estate
Release of a legacy
Release of Executors by residuary legatee
Release of an easement
Release of a restrictive covenant in a lease
Release of trustees on distribution of trust property
Release of a guardian by his Ward
Release of a contractor from his contract
Release of a debtor by creditor

965
966
967
968
969
970
971
973
974
975
977
978
979

1.
2.
3.
4.
5.

Transfer
Transfer
Transfer
Transfer
Transfer

MODEL FORMS
from Executor to Legatee
by Executor to a Residuary Legatee
by Trustees to Charity
by Trustees to Beneficiary
by a benamidar to real owner

982
983
985
987
988

PART - III
Documents Relating to Moveable Property
Chapter 2

Sale of Goods or Moveable Property


1.
2.
3.
4.
5.
6.
7.

MODEL FORMS
Agreement for sale of ready goods
Agreement for sale of future goods
Agreement for sale of goods ( F. O. B. basis )
Agreement for sale of goods ( C.I.F. basis )
Agreement for sale of goods under the buyers Trade Mark
Agreement for sale of technical equipment
Particulars of Conditions of sale by Auction of
moveable property

1002
1004
1006
1008
1010
1013

- 1016

CONTENTS

xxv

Chapter 3

Sale of Business
1.
2.
3.
4.
5.
6.
7.
8
9.

MODEL FORMS
Agreement for Sale of Retail business with goodwill,
book debts, equipment and Stock in Trade
Deed of assignment of business with tenancy right
Deed of Assignment of business and premises
held on ownership
Deed of Assignment of business and premises held on lease
Assignment of Business to a Limited Company
taking over without Premises
Agreement for sale and purchase of business
Agreement for sale of business between two Companies
Shop conducting agreement
Agreement for sale of a secret process

- 1024
- 1026
- 1029
- 1032
- 1035
- 1038
- 1041
- 1043
- 1046

Chapter 4

Hypothecation and Pledge


MODEL FORMS
1. Hypothecation of Goods to secure cash credit facility
2. Hypothecation of property to be imported
3. Deed of hypothecation of a vehicle
4. Simple writing of Hypothecation
5. Deed of Hypothecation
6. Agreement of Pledge
7. Simple writing of pledge
8. Stock/Shares Pledge Agreement
9. Trust Receipt
10. Agreement for Pleadge of Shares

1055
1064
1066
1069
1070
1076
1082
1083
1086
1087

Chapter 5

Hire and Purchase Agreements


1.
2.
3.
4.
5.
6.
7.
8
9.

MODEL FORMS
Agreement for hire
- 1098
Hire purchase agreement
- 1101
Hire purchase agreement for securing finance with guarantee - 1106
Finance lease agreement of Plant and Machinery
(with no option to Purchase)
- 1112
Lease Finance agreement
- 1117
Hire purchase agreement for furniture
- 1123
Hire purchase of a refrigerator
- 1125
Hire purchase agreement with vesting rights
- 1126
Hire purchase agreement for live stock
- 1129

xxvi

10.
11.
12.
13.

CONTENTS
Agreement of hire purchase of a Motor Truck
Agreement of daily hire of a Motor Car or Rickshaw
Assignment of hire purchase agreement
Agreement to guarantee payment under a hire
purchase Agreement

- 1132
- 1136
- 1138
- 1140

Chapter 6

Copyrights
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.

MODEL FORMS
Assignment of a Copyright for Lumpsum
Licence in the nature of Assignment of
Copyright with Royalty
Agreement to write a book and to sell copyright
Agreement of licence to publish on lump sum consideration Agreement of Licence to publish on royalty basis
Agreement for assignment of copyright for lumpsum
payment and royalty
Assignment of a copyright by publisher
Agreement between author and new publisher
Agreement with publisher for publishing on commission basis Agreement between publisher and editor for re-editing a Book Agreement between Publishers and Editor
Assignment of copyright for a specific territory
Licence to translate book in another language
Reassignment of copyrights to the author
Licence to dramatise a novel
Licence to perform a play
Agreement to assign rights in music composition
Assignment of copyright in a novel for film,
broadcasting and other rights
Agreement for writing a cinema script
Licence to publish a novel serially in a periodical
Assignment of copyright in a building plan and design
-

1150
1152
1154
1157
1159
1162
1164
1165
1167
1170
1172
1174
1176
1178
1179
1181
1183
1185
1188
1190
1192

Chapter 7

Trade Mark
1.
2.
3.
4.
5.

MODEL FORMS
Assignment of trade mark with goodwill
Assignment of trade mark without goodwill
Assignment of application for registration of a trade mark
Agreement of Licence to use a trade mark
Agreement of Licence between trade mark owner
and a manufacturer

1201
1203
1205
1208

- 1210

CONTENTS

xxvii

Chapter 8

Patents
1.
2.
3.
4.
5.
6.
7.
8.

MODEL FORMS
Agreement between joint patentees
Agreement for exploitation or assignment of a patent
Deed of Assignment of patent
Assignment of a patent for a particular area
Assignment by a co patentee of his share
Licence to use a patent
Mortgage of a Patent
Assignment of License

1222
1224
1227
1229
1231
1232
1234
1237

Chapter 9

Industrial Designs
MODEL FORMS
1.

Assignment of a design

- 1243

Chapter 10
MODEL FORM
Agreement for Grant of Know how

- 1245

Chapter 11
Actionable Claim
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.

MODEL FORMS
Transfer of actionable claim by letter
Transfer of actionable claim by letter
Assignment of a debt
Assignment of a claim under a contract
Assignment of a debt as security
Assignment of arrears of rent
Assignment of book debts
Assignment of debt on trust
Assignment of moveable property not in possession
Assignment of decretal claim
Assignment of a money decree
Assignment of book debts in favour of a Bank
Assignment of Life policy by deed
Assignment of policy by endorsement
Assignment of a Life policy as security by Deed
Mortgage of Life Policy (another form)
Assignment of Fire policy on Completion of Sale of Property
Assignment of a debt with a novatio

1256
1257
1258
1260
1262
1264
1266
1267
1268
1269
1270
1272
1274
1275
1276
1278
1280
1281

CONTENTS

xxviii

PART IV
Documents Relating to Contracts
Chapter 2

Bailment
MODEL FORM
1.

Agreement of bailment

- 1294

Chapter 3

Indemnity and Guarantee


1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.

MODEL FORMS
Indemnity by a landowner whose title is in dispute
Indemnity by legatee to the executor
Indeminity for loss of title deeds
Indemnity for a minors claim in the property
Indemnity by debtor to his guarantor
Indemnity for loss of share certificate
Indemnity for loss of deposit receipt
Indemnity for title
Indemnity by heirs of a deceased
Indemnity for loss of allotment letter
Deed of guarantee
Fidelity guarantee
Guarantee for sale of goods
Guarantee by more than one person with limited liability
Guarantee for promising not to sue
Guarantee for withdrawing legal proceedings
Guarantee for performance of a contract
Guarantee for payment of rent
Continuing guarantee to a bank to secure amount
payable under cash credit facility
Guarantee for a debt secured by a mortgage
Guarantee for payment of earnest money/ security deposit
Guarantee to Secure Banking Account of a Firm
Guarantee & Indemnity
Counter Indemnity

1302
1303
1304
1305
1306
1307
1308
1309
1310
1311
1312
1313
1317
1319
1321
1322
1323
1325

- 1326
- 1328
- 1330
- 1332
- 1334
- 1335

Chapter 4

Agency Agreements
1.
2.
3.

MODEL FORMS
Agreement between principal and sole selling agent
Agreement between manufacturer and a distributor
Agreement of Agency on del-credere basis

- 1344
- 1350
- 1354

CONTENTS
Agreement of Agency for purchase of goods from
a specified area
5. Agreement with estate broker
6. Agreement with commission agent
7. Agreement for appointment of an auctioneer
8. Agreement with a clearing agent
9. Agreement of sub agency
10. Deed of assignment of an agency agreement

xxix

4.

1358
1362
1363
1366
1368
1372
1375

1384
1387
1390
1392
1394
1396
1397

1405
1409
1412
1417
1419
1421
1423
1426

Chapter 5

Apprenticeship
1.
2.
3.
4.
5.
6.
7.

MODEL FORMS
Apprenticeship agreement under Apprentice Act of 1961
Ordinary Apprenticeship agreement
Articles of clerkship with a solicitor
Articles of Apprenticeship with Chartered Accountant
Transfer of Apprenticeship agreement by employer
Appendice Agreement with an Engineering Company
Agreement of Apprenticeship

Chapter 6

Service Contracts
1.
2.
3.
4.
5.
6.
7.
8.
9.

MODEL FORMS
Contract of service with a Technician
Contract of service with a cashier
Contract of service with hotel Manager
Contract for service with consultant
Contract for service between printer and publisher
Contract for service for lift maintenance
Contract for service with a medical representative
Agreement for providing security guards
Agreement between Solicitor and Client for Remuneration
of Conveyancing Work

- 1429

Chapter 7

Bonds
MODEL FORMS
1.
2.
3.
4.
5.
6.

Simple bond
Simple bond by a Company
Simple bond with two sureties
Conditional bond
Another form of conditional bond
Bond by a legal guardian

1438
1439
1440
1441
1442
1443

xxx

7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

CONTENTS
Security Bond
Security bond by a surety
Bond to secure the performance of a contract
Bond to account for rents
Bond by a vendor to indemnify loss of title deeds
Bond by a employee for not engaging himself
with a Competitor
Bond for securing earnest money
Bond for maintenance guarantee
Bottomry Bond
Bond for Payment of debet

1444
1445
1447
1448
1449

1450
1451
1452
1453
1454

1471
1475
1480
1485

Chapter 8

Partnership Agreements

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.

MODEL FORMS
Partnership agreement between two individuals
Partnership agreement between four partners
Partnership agreement between two partnership firms
Partnership agreement for a single venture
Partnership agreement between a partnership firm
and a Hindu joint family
Partnership agreement between two Limited Companies
Partnership agreement between an individual and
a Limited Company
Partnership agreement between an individual,
a partnership Firm and a company
Deed of partnership of H. U. F. business
Memorandum of partnership of H. U. F. business
Agreement admitting a new partner
Agreement admitting a minor to the benefit of partnership
Deed of Retirement
Retirement of two partners (with liberty to
continuing partners to carry on the business)
Deed of Retirement of One Partner and admission of
a new partner
Agreement for Dissolution of Partnership
(By Sale of goodwill)
Deed of Dissolution of Partnership
Agreement of Dissolution of partnership through an Attorney
Agreement for Conversion of a Private Limited Company into
a Partnership
Deed of Sub Partnership

- 1489
- 1494
- 1498
-

1502
1507
1511
1514
1516
1518

- 1520
- 1524
- 1526
- 1529
- 1534
- 1538
- 1540

CONTENTS

xxxi

Chapter 9

Building Agreements
MODEL FORMS
Invitation to Tenderers
General Conditions of Contract
Letter of Intent
Work order
Formal Building Agreement between the Owner and Contractor Building contract
Agreement with Architect
Assignment of building contract by contractor
Assignment of building contract by owner
Agreement for demolition of building and
sale of Building Material
11. Agreement with labour contractor
12. Agreement for Transfer of Development Right (TDR)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

1554
1558
1578
1580
1583
1585
1601
1604
1606
1608
1610
1612

Chapter 10

Foreign Collaboration Agreements


MODEL FORMS
Form of Foreign collaboration agreement
Agreement of Collaboration to establish a factory
Collaboration agreement between an Indian Company
and oreign Company
4. Agreement to act as technical or management adviser
5. Agreement to help an Indian Industry for putting
up plant and machinery
6. Agreement to supply technical know-how
7. Agreement for use of trade mark
8. Memorandum of Understanding and Confidentiality Agreement 9. Foreign Collaboration agreement granting Licence
and know how of products
10. Confidentiality Agreement
11. Joint Venture Agreement
1.
2.
3.

1727
1733
1740
1745
1749
1753
1759
1763
1772
1777
1781

Chapter 11

Franchise Agreement
1.
2.
3.

MODEL FORMS
Franchise Agreement for sale of Motor Cars
Franchise Agreement between Indian Parties
Franchise Agreement

- 1812
- 1818
- 1829

xxxii

CONTENTS

Chapter 12

Advertisement Contracts
MODEL FORMS
Agreement between owner of a site and Advertising Agency
Agreement of Licence between the owner of a building and
the Advertising agent
3. Agreement between owner and the advertiser
4. Agreement between advertiser and advertising agency
5. Agreement between advertiser agent and
cinema theatre owner
6. Agreement between proprietor of newspaper and
advertising agency
7. Agreement between advertising agent and individual
lending his name
8. Agreement between the Owner of a Hoarding and
the Advertiser
9. Agreement between Photographer and a Model
10. Agreement between a Celebrity and Advertising Company
11 Agreement regarding Online Retailing Business 1.
2.

- 1836
- 1839
- 1842
- 1845
- 1848
- 1850
- 1853
- 1855
- 1857
- 1859
1860

Chapter 13

Transport Contract
1.
2.
3.
4.
5.
6.
7.
8.
9.

MODEL FORMS
Transport agreement for one consignment
Transport agreement for continuous consignments
Agreement with private carrier for carriage of goods in
a specific area
Contract of carriage at owners risk
Contract of carriage at carriers risk
Consignment note for road carriage
Combined Transport Contract
Combined Transport Contract (for Containerised exportation)
Contract of Carriage for Courier Services

- 1872
- 1876
-

1881
1883
1885
1887
1888
1890
1893

Chapter 14

Information Technology and Computer Contracts


1.
2.
3.
4.
5
6.
7.

MODEL FORMS
Computer (Hardware) Hire Agreement
Agreement of licence for software package
Software development agreement
Turnkey Agreement
Software distribution agreement
Shrink-wrap licence
Another form of shrink-wrap licence agreement

- 1906
- 1912
- 1919
- 1924
- 1930
- 1937
- 1941

CONTENTS
8.
9.
10.
11.
12.
13.
14.
15.

xxxiii

Consultancy agreement
- 1944
Agreement between an Internet Company and Web Site Owner - 1947
Agreement for developing and hosting Web Site
- 1950
Software Services and Maintenance Contract
- 1958
Hardware Marketing Agreement
- 1962
Website Purchase Agreement
- 1966
Software Installation Agreement
- 1969
Master Services Agreement
- 1974

Chapter 15

Labour Laws and Documentation


1.
2.
3.

MODEL FORMS
Contract for Supply of Labour
Agreement of indemnity by a Labour Contractor
Agreement to refer labour disputes to Arbitrator under
Sec. 10A of the Industrial Disputes Act, 1947

- 1982
- 1987
- 1989

PART V
Company, Corporation and Society
Chapter 1

Company Documents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.

MODEL FORMS
Preliminary agreement to take over business
Preliminary agreement to form a company to
purchase and develop property
Formation agreement to convert a partnership into
a limited company
Agreement to adopt the preliminary agreement
Declaration under S. 33(2) of the Companies Act
Memorandum of Association of a Company limited by shares
Memorandum of Association of a Company limited by
guarantee and not having a share capital
Memorandum of Association of a company limited by
guarantee and having a share capital
Memorandum of Association of an unlimited Company
Memorandum of Association of Charitable
Company under Sec. 25.
Memorandum of Assoication of a Company
Registered under sec. 25 of the Companies Act
Memorandum of Association
Articles of Association of a Public Limited Company

- 2035
- 2038
-

2041
2044
2046
2047

- 2053
- 2054
- 2055
- 2056
- 2060
- 2062
- 2064

xxxiv

CONTENTS

14. Articles of Association adopting Table A To


The Companies Act (Regulation for Management of
a Company limited by Shares)
15. Articles of Association of a Private Company
limited by shares
16. Articles of Association of a company limited by
guarantee and not having a share capital
17. Articles of Association of a Company limited by guarantee
and having a share capital
18. Articles of Association of an unlimited company
19. Memorandum of Association
20. OTC Exchange of India (Receipt and Transfer Form)
21. Nomination Form
22. Underwriting agreement in a letter form
23. Underwriting agreement for issue of right shares
24. SEBIS model underwriting agreement
25. Debenture
26. Debenture Trust Deed
27. Supplemental debenture Trust Deed (for securing
further debentures)
28. Debenture Trust Deed in respect of Single Debenture Holder 29. SEBI debenture trust deed
30. Mutual Fund Deed of trust
31. Agreement for appointment of a Managing Director
32. Managing Directors Agreement
33. Agreement for Appointment of Company Secretary
34. Abridged Prospectus or Memorandum containing
salient features of prospectus
35. Matters to be Specified in Prospectus and Reports to be
Setout therein
36. Form of Statement in Lieu of Prospectus to be delivered to
Registrar by a Company which does not issue a Prospectus or
which does not go to Allotment on a Prospectus issued and
Reports to be set out therein
37. Prospectus (Inviting Subscription for Convertible Debentures) 38. Specimen of Affidavit (to be given individually
by each Applicant)
39. Letter of Offer
40. Declaration of Solvency
41. Shareholders Agreement
42. Schedule XIII to the Companies Act
43. Schedule XIIIAmendments Issued by Ministry of Law
Justice and Company Affairs in the Schedule
-

2124
2143
2157
2161
2162
2163
2165
2169
2171
2173
2175
2181
2184
2222
2226
2223
2265
2279
2283
2290
2294
2297

2306
2312
2330
2332
2340
2342
2366
2375

CONTENTS
44. Schedule IV to the Companies Act Schedule IV
to the Companies Act
45. Agreement to Take over Company by Transfer of Shares
46. Specimen Schemes of Demerger
47. Scheme of Arrangement and Amalgamation
48. The Scheme of Amalgamation
49. Specimen of Application for striking off the name of
the Company u/s 560 of the Companies Act, 1956
50. Consultancy Agreement
51. Export Agency Agreement
52. Research & Development Agreement
53. Business Service Centre Agreement
54. Training Services Agreement

xxxv

2381
2389
2392
2417
2427

2429
2431
2433
2437
2440
2448

Chapter 2

Other Corporate Bodies and Societies


1.
2.
3.
4.

MODEL FORMS
Memorandum of Association of society
Rules and Regulations of a Institution
Constitution of a Music Society
Objects of a Sports Club

-2476
- 2477
- 2486
- 2489

PART VI
Shipping Documents
Chapter 1

Shipping Documents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

MODEL FORMS
Agreement for Sale of ship
Deed of sale of Ship (whole)
Deed of Sale of Ship (some shares)
Mortgage of a ship by body Corporate to secure a loan
Deed of covenant to Accompany Statutory Mortgage of ship
Charter for the period of a voyage
Bill of Lading
Bottomry Bond
Respondentia Bond
Dock Warrant
Warehouse keeper's Certificate
Form of Marine Insurance Policy

2501
2504
2505
2506
2508
2515
2519
2520
2521
2522
2523
2524

xxxvi

CONTENTS

PART VII
Non Contractual Documents or Deeds Poll
Chapter 1

Power of Attorney
MODEL FORMS
General power attorney
Special power of Attorney for admitting execution
Power of attorney to collect debts
Power of attorney to sell shares
Power of attorney to execute a deed of sale
Power of attorney to prepare a layout and sell plots
Power of attorney to raise money and mortgage property
Power of attorney to recover rents
Power of attorney to obtain letters of administration
Power of attorney by a Company to its Branch Manager
Power of attorney by the partners of a firm to one of them
Substituted power of attorney
Power of attorney to execute a document
Power of Attorney for Doing Ministerial Acts Relating to
Development of property in favour of Developers
15. Power of attorney for development of Property by the owner
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

2544
2551
2552
2554
2556
2558
2560
2562
2565
2567
2570
2574
2575

- 2576
- 2579

Chapter 2

Banking and Negotiable Instruments


1.
2.
3.
4.
5.
6
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

MODEL FORMS
Nominations form for FDR
Nomination Form for Locker
Nomination Form for Safety Locker
Nomination Form for Safe Custody
Letter of Guidance by Directors
Letter of lien for cash credit facility
Agreement for a cash/credit account
Promissory Note on demand
Promissory Note payable after a period
Promissory Note in favour of payee or his order
Promissory Note payable by instalments
Promissory Note payable at sight
Promissory Note payable at specified place
Joint promissory Note by drawers
Promissory Note in favour of joint promisees
Usance promissory note

2598
2600
2601
2602
2603
2604
2605
2607
2607
2608
2608
2609
2609
2609
2610
2610

CONTENTS
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.

Promissory Note (Commericial paper)


Bill of Exchange payable at sight
Bill of Exchange payable on demand
Bill of Exchange payable on presentment
Bill of Exchange payable to bearer
Bill of Exchange after date
Foreign Bill of Exchange in three sets
Shahjog Hundi
Darshani Hundi
Mudati Hundi
Bill of drawn by seller of goods
Agreement between a Bank & R. B. I.
Letter of Credit (Foreign)
Letter of Credit (Inland)
Another Form of Letter of Credit
Clean Letter of Credit
Agreement relating to opening of an inland irrevocable
(without recourse) letter of credit
34. Agreement relating to opening of an irrevocable
(without recourse ) import letter of credit
35. Facility Agreement
36. Performance Bank Guarantee

xxxvii

2611
2612
2612
2613
2613
2614
2614
2615
2615
2615
2616
2617
2620
2620
2621
2621

- 2622
- 2627
- 2633
- 2641

Chapter 3

Acknowledgements & Receipts


1.
2.
3.
4.
5.
6
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

MODEL FORMS
Receipt for money
Receipt for goods
Receipt for document
Receipt for rent
Receipt for salary
Receipt for repairs
Receipt for legacy
Receipt by residuary legatee
Receipt by beneficiary
Receipt by retiring partner
Receipt by mortgagee
Accountable receipt
Acknowledgements
Acknowledgement to save limitation
Acknowledgement to save limitation
Acknowledgement of prescriptive right

2650
2650
2651
2651
2652
2652
2653
2653
2654
2654
2655
2655
2656
2656
2657
2657

xxxviii

CONTENTS

17. Acknowledgement of prescriptive right


18. Acknowledgement of liability by part payment

- 2658
- 2658

Chapter 4

Adoption
1.
2.
3.
4.

MODEL FORMS
Deed of Adoption of a son
Adoption by a widow, of a son
Adoption by an unmarried woman, of a daughter
Adoption of an orphan

2663
2665
2667
2669

Chapter 5

Arbitration Agreement
MODEL FORMS
Agreement of reference to a common arbitrator
- 2679
Arbitration Agreement between three partners
- 2681
Agreement of reference to arbitration by members of a H.U.F. - 2683
Agreement for reference to Arbitration between
the Executor and Legatees
- 2686
5. Arbitration clause in common form
- 2687
6. Arbitration clause in a partnership agreement
- 2687
7. Arbitration clause in a building contract
- 2688
8. Arbitration clause where the Arbitrator is to be
nominated by a third Person
- 2688
9. Award by an Arbitrator
- 2689
10. Award by a Majority
- 2690
1.
2.
3.
4.

Chapter 6

Testamentary Documents
MODEL FORMS
1.
2.
3.
4.
5.
6.
7.
8.

Common form of a will


Detail will
Mutual will
Another (simpler) form of mutual will
Joint will
Codicil (correcting errors)
Codicil (amending the will)
Will reviving a revoked will

2708
2710
2712
2714
2715
2716
2717
2718

Chapter 7

Power of Appointment
1.
2.

MODEL FORMS
Deed of Appointment under a willl
Deed of Appointment under a Deed of Trust

- 2723
- 2724

CONTENTS

xxxix

Chapter 8

Change in Name
1.

MODEL FORM
Deed poll for Change in Name

- 2726

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