DPC I.pptx, dpc, pleading and coneyancing

vakalatnama, pleadings, conveyancing

1. Syllabus Letter for obtaining permission from a statutory authority; Letter of Attornment; Accountable receipt; Promissory note; Affidavit for change of name; Declaration; Adjournment Application in criminal matters; Vakalatnama for High Court Vakalatnama for City Civil Court / District Court Schedule of property – plot of land with structure thereon; RTI Application, Will; Codicil; General Power of Attorney; Special Power of Attorney;  

2. Marking scheme Compulsory course & marks impact CGPA. Componets : Sr. No. Component Marks 1. Drafting 50 marks 2. Communication skill 50 marks TOTAL 100 Sr. No. Comm. Component Marks 1. Writing skills 30 marks 2. Spoken skills 20 marks TOTAL 50

3. Conti.. WRITING & SPOKEN SKILLS: CLASS PRESENTATION SHALL BE ON ANY PROJECT TOPIC SUBMITTED IN SEM I Sr. No. Component Marks 1. Essay writing 10 marks 2. Precis writing 10 marks 3. Comprehensio n 10 marks 4. Class presentation 20 marks TOTAL 50

4. Understanding terminologies DRAFTING Preparation of a legal document. GOOD DRAFTING REQUIRES: Understanding of the legal technicalities of the document Clarity with regard to facts & content that are to be incorporated Avoidance of unnecessary repetition Using of proper terminology Clarity in language & choosing the right words

5. Understanding terminologies PLEADINGS Civil or criminal (criminal complaints) pleadings; Pleadings are the statements of facts in writing drawn up and filed in Court by each party to a case stating therein their contentions including all the information that opponent may require to prepare his case Code of Civil Procedure states that Pleadings means Plaint or Written statements.

6. Understanding terminologies CONVEYANCING To transfer, to make over It means & denotes an instrument or Deed through which one or more living persons transfer his or their interest in present or in future in or upon an immovable property to one or more living persons.

7. Understanding terminologies DEED Deed in the broadest sense means an instrument written on a paper that has been executed, signed, sealed and delivered by the executant. DEED POLLS & INDENTURE DEED Deed poll is a document that has been executed unilaterally in the first person whereas an indenture deed is a bilateral or a multilateral deed. Deed Poll include POA, Wills Indenture Deed includes lease Deed polls commence with expression “KNOW ALL MEN BY THESE PRESENTS” or “TO WHOMSOEVER IT MAY CONCERN” or “I ____ SEND THESE GREETINGS OR PRESENTS” Indenture deeds commence with “THIS INDENTURE OF….” or “THIS DEED OF SALE….”

8. COMPONENTS OF DEED DESCRIPTION OF THE DEED DATE OF THE DEED – The deed of gift made on the ____ day of ____ 2021 PARTIES OF THE DEED RECITALS –Narration of brief history - Whereas TESTATUM - NOW THIS DEED OF SALE WITNESSETH THAT in pursuance of the aforesaid agreement and in consideration of a sum of Rs . (Rupees only) received by the VENDOR in cash and the receipt of the said entire consideration of Rs . (Rupees only), the VENDOR doth hereby admit, acknowledge, acquit, release and discharge the VENDOR from making further payment thereof and the VENDOR doth hereby sell, convey, 2 transfer, and assigns unto and to the use of the PURCHASER, the property more fully described in the Schedule hereunder together with the water ways, easements, advantages and appurtenances, and all estate, rights, title and interest of the VENDOR to and upon the said property TO HAVE AND TO HOLD the said property hereby conveyed unto the PURCHASER absolutely and forever. CONSIDERATION “ This Sale Deed is made and executed on _____ day of 2022 at (City) Between, ________ AND ________ ,”

9. COMPONENTS OF DEED OPERATIVE WORDS HABENDUM - TO HAVE AND TO HOLD all and singular the Mortgaged Property and all other Property which, by the terms hereof, has or may hereafter become subject to the Liens of this Deed of Trust, together with all rights, hereditaments, and appurtenances in anywise belonging thereto, to the Trustee or Mortgagee, as the case may be, or the successors or assigns of either of them forever EXCEPTIONS & RESERVATIONS COVENANTS TESTIMONIUM – IN WITNESS WHEREOFF the parties hereto have hereunto set their signatures on the day month and year first above written. RECEIPT PARCELS SIGNATURE & ATTESTATION

10. POWER OF ATTORNEY ( poa ) What is a POA? Which are the Acts that govern POA’s? What are the different types of POA? Can a power of attorney be revoked? Does it need to be registered? Does it need to be notarized?

11. Drafting of a poa Details of the Principal & agent Reason for appointment Details of the powers to be conferred Incidental & ancillary powers When powers will come to an end, if needed Signatures

12. Conti.. TO ALL TO WHOM THESE PRESENTS SHALL COME I, ……….SEND GREETINGS: OR KNOW ALL MEN BY THESE PRESENTS that I,____ SEND GREETINGS Recitals (state why an attorney needs to be appointed & that it is necessary and expedient to appoint a fit & proper person) Operative part & testatum clause – NOW KNOW YE ALL AND THESE PRESENTS WITNESSETH that I, hereby voluntarily, on my own accord appoint, nominate and constitute ____to be my true and lawful attorney to do the following acts, deeds and things: TESTIMONIUM CLAUSE – IN WITNESS WHEREOFF, I ___ have hereunto set my hands at Mumbai on this ___ day of ____2022.

13. Vakalatnama S. 2(u) of the Advocates Welfare Funds Act, 2001 Vakalatnama ” includes memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal or other authority Name of the Court; Name of the parties Name of the person executing the vakalatnama Name of the Advocate.