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CONTENTS

PART I
Theory and Practice of Documentation

Chapter 4
Form, Parties & Contents of Deeds

MODEL FORMS
1 Certificate of Title - 77
2. Certificate of Title (Simple form) - 78
3. Certificate of Title (another sample) - 79
4. Certificate as to title and other matters (English form) - 80

PART - II
Deeds relating to Immoveable Property - 85

Chapter 2
Sale of Immoveable Property

MODEL FORMS
1. Agreement for sale of freehold property - 137
2. Another form of Agreement for Sale of free hold property - 140
3. Agreement for sale of leasehold property - 143
4. Agreement for sale of plot in a development layout - 146
5. Agreement of Sub Sale - 149
6. Assignment of an agreement for sale - 152
7. Lockout Agreement - 154
8. Agreement for right of pre-emption - 155
9. Particulars and conditions of sale by auction of
immoveable property - 157
10. Deed of Conveyance of freehold Property - 161
11. Deed of Conveyance (where consideration is payable
by instalments) - 163
12. Deed of Conveyance subject to mortgage - 166
13. Deed of Conveyance of the Reversion - 169
14. Deed of Conveyance subject to Right of Way - 172
15. Deed of Conveyance by a Mortgagee - 175
16. Deed of Conveyance in favour of a Mortgagee - 178
xviii CONTENTS

17. Deed of Conveyance of an interest in property - 181


18. Deed of Conveyance of a part of the building - 183
19. Deed of Conveyance of a property exclusive of a flat
or floor in the building - 187
20. Deed of sale of a plot of land in a lay out - 192
21. Deed of Conveyance of a building with four flats to four
purchasers as tenants in common - 196
22. Deed of Conveyance of a flat in a building on apartment
ownership but without a condominium - 199
23. Deed of Conveyance by a legal guardian of a minor - 202
24. Deed of Conveyance by a lunatic through his Legal Guardian
or Manager - 204
25. Deed of Conveyance by the Official Liquidator of a
Limited Company (in liquidation) - 206
26. Deed of Conveyance by an Administrator of the estate of
a deceased person - 208
27. Deed of Conveyance (a sample of English Practice) - 210

Chapter 3
Mortgages

MODEL FORMS
1. Agreement to Mortgage - 250
2. Agreement to Mortgage in letter form - 253
3. Deed of Simple Mortgage - 256
4. Deed of English Mortgage between an individual and a
Firm of money lenders - 258
5. Deed of English Mortgage of leasehold property by Guarantor - 270
6. Deed of English Mortgage for corporate sector - 277
7. Short form of an English Mortgage - 294
8. Pari Passu Agreement - 297
9. Record of mortgage by deposit of title deeds - 307
10. Memorandum of agreement of equitable mortgage - 308
11. Deed of Mortgage by conditional Sale - 310
12. Deed of usufructuary mortgage - 312
13. Deed of Anomalous mortgage - 315
14. Deed of Mortgage by way of Substituted Security - 319
15. Deed of Mortgage by way of Additional Security - 322
16. Deed of Second Mortgage (Simple) - 325
17. Deed of Transfer of Mortgage and Further charge - 328
18. Deed of Transfer of Mortgage by Mortgagee - 332
19. Deed of Transfer of Mortgage at the instance of the Mortgagor - 334
20. Transfer of Mortgage by one of the Consortium Mortgagees - 337
21. Deed of Sub Mortgage - 344
CONTENTS xix

22. Deed of Charge (for a debt) - 348


23. Deed of Contingent Charge - 350
24. Deed of Charge - 351
25. Deed of Reconveyance - 352
26. Deed of Reconveyance by a substituted Mortgagee - 354
27. Deed of Release - 356
28. Deed of Release of a Charge - 357
29. Agreement to modify Deed of Mortgage - 358

Chapter 4
Leases

MODEL FORMS
1. Agreement for letting furnished dwelling house or
flat on short period tenancy - 393
2. Agreement to lease for a long period - 396
3. Agreement for Building lease - 398
4. Deed of Lease for a term of years - 401
5. Deed of Lease for a term in Perpetuity - 404
6. Deed of Lease for Life time of the Lessee - 408
7. Deed of Building Lease - 411
8. Deed of Lease by Tenant Ownership Co-operative
Housing Society to its members - 415
9. Lease of a floor premises - 420
10. Deed of Lease of space for advertisement - 424
11. Mining Lease for quarrying stones - 427
12. Deed of lease for Plantation - 431
13. Agreement of lease of an orchard - 435
14. Deed of Sub-Lease or under lease - 437
15. Agreement to Modify Lease - 440
16. Deed of Assignment of Lease - 441
17. Deed of surrender of lease of the whole property - 444
18 Deed of Surrender of Lease of a part of property - 446
19. Deed of Sureender of a Part of the Premises in
consideration of grant of Lease of some other Premises - 448
20. Agreement for splitting up of lease - 451
xx CONTENTS

Chapter 5
Gift

MODEL FORMS
1. Deed of Gift of moveable property - 461
2. Record of a Gift of moveables - 462
3. Deed of Gift of immoveable property - 463
4. Deed of Conditional Gift - 465
5. Revokable deed of Gift - 467
6. Deed of Gift to a universal Donee - 469
7. Deed of Gift of shares and securities - 471

Chapter 6
Exchange of Properties
MODEL FORMS
1. Agreement for Exchange of Properties - 476
2. Deed of Exchange of two Properties - 478
3. Deed of Exchange for Adjustment of boundaries - 482
4. Deed of Exchange of moveable & immoveable properties - 486
5. Deed of Exchange of properties one being subject to
mortgage & other subject to lease - 489
6. Deed of Exchange in the nature of partition - 493
7. Deed of Exchange of mortgaged properties - 497

Chapter 7
Trusts
MODEL FORMS
1. Declaration of Trust (Private) - 520
2. Declaration of Trust (Public) - 524
3. Deed of Private Trust - 531
4. Deed of Public Trust - 537
5. Deed of Public Trust for educational objects - 547
6. Deed of Trust (partly private and partly public) with
power to carry on business - 554
7. Wakf Alal Aulad - 564
8. Deed of Trust of temple property - 566
9. Deed of Family Trust - 573
10. Trust Deed of A Rotary Club - 577
11. Deed of Revokable Trust - 589
12. Deed of Revokation of Trust - 592
13. Deed of Appointment of New Trustees - 593
14. Deed of Appointment of New Trustee without
transfer of property - 595
CONTENTS xxi

Chapter 8
Partition
MODEL FORMS
1. Deed of Partition between two co-owners - 610
2. Deed of Partition in consideration of owelty - 613
3. Deed of Partition ( notional ) - 615
4. Deed of Partition reserving claim for maintenance
and residence - 618
5. Deed of Partition between members of H.U.F. - 622
6. Deed of partial partition - 628
7. Deed of separation of one party from the H.U.F. - 631
8. Deed of partition of a common house and relinquishment - 633
9. Memorandum of oral partition - 637
10. Deed of Partition of properties subject to mortgage and lease - 638
11. Memorandum of Family Arrangement - 641

Chapter 9
Leave and Licence
MODEL FORMS
1. Leave and Licence Agreement - 661
2. Leave and Licence Agreement to a Company for
residence of its officers - 664
3. Leave and Licence Agreement in respect of a part of the premises - 667
4. Agreement of Licence of Godown for storage - 670
5. Licence of premises for holding a trade exhibition - 672
6. Licence to Occupy Premises - 674
7. Agreement for leave and licence (for commercial use) - 676

Chapter 10
Ownership Flats and Development Agreements

MODEL FORM
1. Agreement for purchase of flat with builder - 724
2. Agreement for sale of flat between original buyer
and new purchaser - 733
3. Agreement for sale of flat by member of Co-op.
Housing Society to a purchaser - 735
4. Agreement for sale of Apartment - 738
5. Declaration of Apartment Ownership - 746
6. Deed of (Transfer of) Apartment - 752
7. Simple Mortgage of an ownership flat - 757
8. Lease of ownership flat - 760
9. Bye-laws of a condominium - 763
xxii CONTENTS

10. Development Agreement between Owner & Developer - 777


11. Development Agreement of vacant land within ceiling limit - 783
12. Development Agreement of land with building - 789
13. Development Agreement in respect of vacant
land held in excess of ceiling limit - 794
14. Development Agreement for extension to the existing building - 802
15. Agreement between Developer and tenant - 807
16. Agreement of sub-development - 811
17. 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 - 816
18. Agreement for Removal of Apartment Ownership - 822
19. Agreement for Substituting Security of an Apartment - 825
20. Deed of Lease of a flat by Co-operative society to its member - 828
21. Deed of Transfer (for conversion of Society into
Apartment Ownership) - 832
22. Deed of Trasnsfer (From Apartment ownership to the Society) - 835
23. Declaration of Condominium of xyz, (under American System) - 838
24. Articles of Incorporation of Condominium Association, Inc. - 853
25. Condominium Purchase agreement - 864
26. Form of Warranty Deed - 869

Chapter 11
Easements
MODEL FORMS
1. Deed of Grant of Right of way - 877
2. Deed of Grant of Limited Right of Way by Way of Licence - 879
3. Agreement of Easement of Air & Light - 881
4. Grant of an Easement of Light & Air - 883
5. Agreement for limited Light & Air - 885
6. Agreement between two adjoining owners for Air & light - 887
7. Licence to use light & air - 889
8. Agreement to remove obstruction to light and air - 890
9. Agreement of Lease of riparian right to draw water - 892
10. Agreement for sharing riparian rights - 895
11. Agreement for Licence to draw water from well - 897
12. Agreement as to right of Eaves Dropping - 899
13. Agreement for easement of support - 900
14. Grant of right of sewage & drainage - 902
15. Agreement of release of right of way - 904
16. Agreement of release of easement of air and light - 905
17. Deed of exchange of one right of way for another - 907
18. Agreement of Party wall - 909
CONTENTS xxiii

Chapter 12
Ancillary Documents - 911

Section 1
Covenant for Production of Documents
MODEL FORMS
1. Deed of Covenant for Production of Documents - 914
2. Deed of Substituted Covenant for Production of the Title Deeds - 916

Section 2
Deeds of Confirmation, Rectification and Cancellation
MODEL FORMS
1. Deed of Confirmation by Vendor - 923
2. Deed of Confirmation of Sale by Trustees - 925
3. Deed of Confirmation by Lessor of Assignment - 927
4. Deed of Confirmation by a trustee of Lease Granted by
other Trustees - 928
5. Deed of Confirmation of a Deed with a Wrong Schedule - 931
6. Deed of Confirmation and Transfer by a Benamindar in Favour
of the Real Owner - 933
7. Deed of Confirmation by Owner of Conveyance by Attorney - 935
8. Deed of Confirmation by HUF, Members - 937
9. Deed of Rectification of mistakes - 939
10. Deed of Rectification of a Lease - 941
11. Deed of Cancellation - 943
12. Deed of Cancellation (of Covenant for Production) - 945

Section 3
Declaration
MODEL FORMS
1. Declaration as to Birth Date - 950
2. Declaration of Execution of Will - 951
3. Declaration as to heirship - 952
4. Declaration for lost deed - 953
5. Declaration for title deeds, destroyed by fire - 954
6. Declaration as to alterations - 955
7. Declaration of no interest in property - 956
8. Declaration of legal necessity - 957
9. Declaration claiming no interest in property - 958
10. Declaration about a person unheard of for seven years - 959
xxiv CONTENTS
Section 4
Releases
MODEL FORMS
1. Mutual Releases ( General Clause ) - 965
2. Release of an interest in Immoveable property - 966
3. Release of a share for Consideration - 967
4. Release of a claim for maintenance - 968
5. Release of a life estate - 969
6. Release of a legacy - 970
7. Release of Executors by residuary legatee - 971
8. Release of an easement - 973
9. Release of a restrictive covenant in a lease - 974
10. Release of trustees on distribution of trust property - 975
11. Release of a guardian by his Ward - 977
12. Release of a contractor from his contract - 978
13. Release of a debtor by creditor - 979

MODEL FORMS
1. Transfer from Executor to Legatee - 982
2. Transfer by Executor to a Residuary Legatee - 983
3. Transfer by Trustees to Charity - 985
4. Transfer by Trustees to Beneficiary - 987
5. Transfer by a benamidar to real owner - 988

PART - III
Documents Relating to Moveable Property
Chapter 2
Sale of Goods or Moveable Property
MODEL FORMS
1. Agreement for sale of ready goods - 1002
2. Agreement for sale of future goods - 1004
3. Agreement for sale of goods ( F. O. B. basis ) - 1006
4. Agreement for sale of goods ( C.I.F. basis ) - 1008
5. Agreement for sale of goods under the buyer’s Trade Mark - 1010
6. Agreement for sale of technical equipment - 1013
7. Particulars of Conditions of sale by Auction of
moveable property - 1016
CONTENTS xxv

Chapter 3
Sale of Business
MODEL FORMS
1. Agreement for Sale of Retail business with goodwill,
book debts, equipment and Stock in Trade - 1024
2. Deed of assignment of business with tenancy right - 1026
3. Deed of Assignment of business and premises
held on ownership - 1029
4. Deed of Assignment of business and premises held on lease - 1032
5. Assignment of Business to a Limited Company
taking over without Premises - 1035
6. Agreement for sale and purchase of business - 1038
7. Agreement for sale of business between two Companies - 1041
8 Shop conducting agreement - 1043
9. Agreement for sale of a secret process - 1046

Chapter 4
Hypothecation and Pledge
MODEL FORMS
1. Hypothecation of Goods to secure cash credit facility - 1055
2. Hypothecation of property to be imported - 1064
3. Deed of hypothecation of a vehicle - 1066
4. Simple writing of Hypothecation - 1069
5. Deed of Hypothecation - 1070
6. Agreement of Pledge - 1076
7. Simple writing of pledge - 1082
8. Stock/Shares Pledge Agreement - 1083
9. Trust Receipt - 1086
10. Agreement for Pleadge of Shares - 1087

Chapter 5
Hire and Purchase Agreements
MODEL FORMS
1. Agreement for hire - 1098
2. Hire purchase agreement - 1101
3. Hire purchase agreement for securing finance with guarantee - 1106
4. Finance lease agreement of Plant and Machinery
(with no option to Purchase) - 1112
5. Lease Finance agreement - 1117
6. Hire purchase agreement for furniture - 1123
7. Hire purchase of a refrigerator - 1125
8 Hire purchase agreement with vesting rights - 1126
9. Hire purchase agreement for live stock - 1129
xxvi CONTENTS

10. Agreement of hire purchase of a Motor Truck - 1132


11. Agreement of daily hire of a Motor Car or Rickshaw - 1136
12. Assignment of hire purchase agreement - 1138
13. Agreement to guarantee payment under a hire
purchase Agreement - 1140

Chapter 6
Copyrights
MODEL FORMS
1. Assignment of a Copyright for Lumpsum - 1150
2. Licence in the nature of Assignment of
Copyright with Royalty - 1152
3. Agreement to write a book and to sell copyright - 1154
4. Agreement of licence to publish on lump sum consideration - 1157
5. Agreement of Licence to publish on royalty basis - 1159
6. Agreement for assignment of copyright for lumpsum
payment and royalty - 1162
7. Assignment of a copyright by publisher - 1164
8. Agreement between author and new publisher - 1165
9. Agreement with publisher for publishing on commission basis - 1167
10. Agreement between publisher and editor for re-editing a Book - 1170
11. Agreement between Publishers and Editor - 1172
12. Assignment of copyright for a specific territory - 1174
13. Licence to translate book in another language - 1176
14. Reassignment of copyrights to the author - 1178
15. Licence to dramatise a novel - 1179
16. Licence to perform a play - 1181
17. Agreement to assign rights in music composition - 1183
18. Assignment of copyright in a novel for film,
broadcasting and other rights - 1185
19. Agreement for writing a cinema script - 1188
20. Licence to publish a novel serially in a periodical - 1190
21. Assignment of copyright in a building plan and design - 1192

Chapter 7
Trade Mark
MODEL FORMS
1. Assignment of trade mark with goodwill - 1201
2. Assignment of trade mark without goodwill - 1203
3. Assignment of application for registration of a trade mark - 1205
4. Agreement of Licence to use a trade mark - 1208
5. Agreement of Licence between trade mark owner
and a manufacturer - 1210
CONTENTS xxvii

Chapter 8
Patents
MODEL FORMS
1. Agreement between joint patentees - 1222
2. Agreement for exploitation or assignment of a patent - 1224
3. Deed of Assignment of patent - 1227
4. Assignment of a patent for a particular area - 1229
5. Assignment by a co patentee of his share - 1231
6. Licence to use a patent - 1232
7. Mortgage of a Patent - 1234
8. Assignment of License - 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
MODEL FORMS
1. Transfer of actionable claim by letter - 1256
2. Transfer of actionable claim by letter - 1257
3. Assignment of a debt - 1258
4. Assignment of a claim under a contract - 1260
5. Assignment of a debt as security - 1262
6. Assignment of arrears of rent - 1264
7. Assignment of book debts - 1266
8. Assignment of debt on trust - 1267
9. Assignment of moveable property not in possession - 1268
10. Assignment of decretal claim - 1269
11. Assignment of a money decree - 1270
12. Assignment of book debts in favour of a Bank - 1272
13. Assignment of Life policy by deed - 1274
14. Assignment of policy by endorsement - 1275
15. Assignment of a Life policy as security by Deed - 1276
16. Mortgage of Life Policy (another form) - 1278
17. Assignment of Fire policy on Completion of Sale of Property - 1280
18. Assignment of a debt with a novatio - 1281
xxviii CONTENTS

PART IV
Documents Relating to Contracts
Chapter 2
Bailment
MODEL FORM
1. Agreement of bailment - 1294

Chapter 3
Indemnity and Guarantee
MODEL FORMS
1. Indemnity by a landowner whose title is in dispute - 1302
2. Indemnity by legatee to the executor - 1303
3. Indeminity for loss of title deeds - 1304
4. Indemnity for a minor’s claim in the property - 1305
5. Indemnity by debtor to his guarantor - 1306
6. Indemnity for loss of share certificate - 1307
7. Indemnity for loss of deposit receipt - 1308
8. Indemnity for title - 1309
9. Indemnity by heirs of a deceased - 1310
10. Indemnity for loss of allotment letter - 1311
11. Deed of guarantee - 1312
12. Fidelity guarantee - 1313
13. Guarantee for sale of goods - 1317
14. Guarantee by more than one person with limited liability - 1319
15. Guarantee for promising not to sue - 1321
16. Guarantee for withdrawing legal proceedings - 1322
17. Guarantee for performance of a contract - 1323
18. Guarantee for payment of rent - 1325
19. Continuing guarantee to a bank to secure amount
payable under cash credit facility - 1326
20. Guarantee for a debt secured by a mortgage - 1328
21. Guarantee for payment of earnest money/ security deposit - 1330
22. Guarantee to Secure Banking Account of a Firm - 1332
23. Guarantee & Indemnity - 1334
24. Counter Indemnity - 1335

Chapter 4
Agency Agreements
MODEL FORMS
1. Agreement between principal and sole selling agent - 1344
2. Agreement between manufacturer and a distributor - 1350
3. Agreement of Agency on del-credere basis - 1354
CONTENTS xxix

4. Agreement of Agency for purchase of goods from


a specified area - 1358
5. Agreement with estate broker - 1362
6. Agreement with commission agent - 1363
7. Agreement for appointment of an auctioneer - 1366
8. Agreement with a clearing agent - 1368
9. Agreement of sub agency - 1372
10. Deed of assignment of an agency agreement - 1375

Chapter 5
Apprenticeship
MODEL FORMS
1. Apprenticeship agreement under Apprentice Act of 1961 - 1384
2. Ordinary Apprenticeship agreement - 1387
3. Articles of clerkship with a solicitor - 1390
4. Articles of Apprenticeship with Chartered Accountant - 1392
5. Transfer of Apprenticeship agreement by employer - 1394
6. Appendice Agreement with an Engineering Company - 1396
7. Agreement of Apprenticeship - 1397

Chapter 6
Service Contracts
MODEL FORMS
1. Contract of service with a Technician - 1405
2. Contract of service with a cashier - 1409
3. Contract of service with hotel Manager - 1412
4. Contract for service with consultant - 1417
5. Contract for service between printer and publisher - 1419
6. Contract for service for lift maintenance - 1421
7. Contract for service with a medical representative - 1423
8. Agreement for providing security guards - 1426
9. Agreement between Solicitor and Client for Remuneration
of Conveyancing Work - 1429

Chapter 7
Bonds
MODEL FORMS
1. Simple bond - 1438
2. Simple bond by a Company - 1439
3. Simple bond with two sureties - 1440
4. Conditional bond - 1441
5. Another form of conditional bond - 1442
6. Bond by a legal guardian - 1443
xxx CONTENTS

7. Security Bond - 1444


8. Security bond by a surety - 1445
9. Bond to secure the performance of a contract - 1447
10. Bond to account for rents - 1448
11. Bond by a vendor to indemnify loss of title deeds - 1449
12. Bond by a employee for not engaging himself
with a Competitor - 1450
13. Bond for securing earnest money - 1451
14. Bond for maintenance guarantee - 1452
15. Bottomry Bond - 1453
16. Bond for Payment of debet - 1454

Chapter 8
Partnership Agreements

MODEL FORMS
1. Partnership agreement between two individuals - 1471
2. Partnership agreement between four partners - 1475
3. Partnership agreement between two partnership firms - 1480
4. Partnership agreement for a single venture - 1485
5. Partnership agreement between a partnership firm
and a Hindu joint family - 1489
6. Partnership agreement between two Limited Companies - 1494
7. Partnership agreement between an individual and
a Limited Company - 1498
8. Partnership agreement between an individual,
a partnership Firm and a company - 1502
9. Deed of partnership of H. U. F. business - 1507
10. Memorandum of partnership of H. U. F. business - 1511
11. Agreement admitting a new partner - 1514
12. Agreement admitting a minor to the benefit of partnership - 1516
13. Deed of Retirement - 1518
14. Retirement of two partners (with liberty to
continuing partners to carry on the business) - 1520
15. Deed of Retirement of One Partner and admission of
a new partner - 1524
16. Agreement for Dissolution of Partnership
(By Sale of goodwill) - 1526
17. Deed of Dissolution of Partnership - 1529
18. Agreement of Dissolution of partnership through an Attorney - 1534
19. Agreement for Conversion of a Private Limited Company into
a Partnership - 1538
20. Deed of Sub Partnership - 1540
CONTENTS xxxi

Chapter 9
Building Agreements
MODEL FORMS
1. Invitation to Tenderers - 1554
2. General Conditions of Contract - 1558
3. Letter of Intent - 1578
4. Work order - 1580
5. Formal Building Agreement between the Owner and Contractor - 1583
6. Building contract - 1585
7. Agreement with Architect - 1601
8. Assignment of building contract by contractor - 1604
9. Assignment of building contract by owner - 1606
10. Agreement for demolition of building and
sale of Building Material - 1608
11. Agreement with labour contractor - 1610
12. Agreement for Transfer of Development Right (TDR) - 1612

Chapter 10
Foreign Collaboration Agreements
MODEL FORMS
1. Form of Foreign collaboration agreement - 1727
2. Agreement of Collaboration to establish a factory - 1733
3. Collaboration agreement between an Indian Company
and oreign Company - 1740
4. Agreement to act as technical or management adviser - 1745
5. Agreement to help an Indian Industry for putting
up plant and machinery - 1749
6. Agreement to supply technical know-how - 1753
7. Agreement for use of trade mark - 1759
8. Memorandum of Understanding and Confidentiality Agreement - 1763
9. Foreign Collaboration agreement granting Licence
and know how of products - 1772
10. Confidentiality Agreement - 1777
11. Joint Venture Agreement - 1781

Chapter 11
Franchise Agreement
MODEL FORMS
1. Franchise Agreement for sale of Motor Cars - 1812
2. Franchise Agreement between Indian Parties - 1818
3. Franchise Agreement - 1829
xxxii CONTENTS

Chapter 12
Advertisement Contracts
MODEL FORMS
1. Agreement between owner of a site and Advertising Agency - 1836
2. Agreement of Licence between the owner of a building and
the Advertising agent - 1839
3. Agreement between owner and the advertiser - 1842
4. Agreement between advertiser and advertising agency - 1845
5. Agreement between advertiser agent and
cinema theatre owner - 1848
6. Agreement between proprietor of newspaper and
advertising agency - 1850
7. Agreement between advertising agent and individual
lending his name - 1853
8. Agreement between the Owner of a Hoarding and
the Advertiser - 1855
9. Agreement between Photographer and a Model - 1857
10. Agreement between a Celebrity and Advertising Company - 1859
11 Agreement regarding Online Retailing Business - 1860

Chapter 13
Transport Contract
MODEL FORMS
1. Transport agreement for one consignment - 1872
2. Transport agreement for continuous consignments - 1876
3. Agreement with private carrier for carriage of goods in
a specific area - 1881
4. Contract of carriage at owner’s risk - 1883
5. Contract of carriage at carrier’s risk - 1885
6. Consignment note for road carriage - 1887
7. Combined Transport Contract - 1888
8. Combined Transport Contract (for Containerised exportation) - 1890
9. Contract of Carriage for Courier Services - 1893

Chapter 14
Information Technology and Computer Contracts
MODEL FORMS
1. Computer (Hardware) Hire Agreement - 1906
2. Agreement of licence for software package - 1912
3. Software development agreement - 1919
4. Turnkey Agreement - 1924
5 Software distribution agreement - 1930
6. Shrink-wrap licence - 1937
7. Another form of shrink-wrap licence agreement - 1941
CONTENTS xxxiii

8. Consultancy agreement - 1944


9. Agreement between an Internet Company and Web Site Owner - 1947
10. Agreement for developing and hosting Web Site - 1950
11. Software Services and Maintenance Contract - 1958
12. Hardware Marketing Agreement - 1962
13. Website Purchase Agreement - 1966
14. Software Installation Agreement - 1969
15. Master Services Agreement - 1974

Chapter 15
Labour Laws and Documentation
MODEL FORMS
1. Contract for Supply of Labour - 1982
2. Agreement of indemnity by a Labour Contractor - 1987
3. Agreement to refer labour disputes to Arbitrator under
Sec. 10A of the Industrial Disputes Act, 1947 - 1989

PART V
Company, Corporation and Society
Chapter 1
Company Documents
MODEL FORMS
1. Preliminary agreement to take over business - 2035
2. Preliminary agreement to form a company to
purchase and develop property - 2038
3. Formation agreement to convert a partnership into
a limited company - 2041
4. Agreement to adopt the preliminary agreement - 2044
5. Declaration under S. 33(2) of the Companies Act - 2046
6. Memorandum of Association of a Company limited by shares - 2047
7. Memorandum of Association of a Company limited by
guarantee and not having a share capital - 2053
8. Memorandum of Association of a company limited by
guarantee and having a share capital - 2054
9. Memorandum of Association of an unlimited Company - 2055
10. Memorandum of Association of Charitable
Company under Sec. 25. - 2056
11. Memorandum of Assoication of a Company
Registered under sec. 25 of the Companies Act - 2060
12. Memorandum of Association - 2062
13. Articles of Association of a Public Limited Company - 2064
xxxiv CONTENTS

14. Articles of Association adopting Table ‘A’ To


The Companies Act (Regulation for Management of
a Company limited by Shares) - 2124
15. Articles of Association of a Private Company
limited by shares - 2143
16. Articles of Association of a company limited by
guarantee and not having a share capital - 2157
17. Articles of Association of a Company limited by guarantee
and having a share capital - 2161
18. Articles of Association of an unlimited company - 2162
19. Memorandum of Association - 2163
20. OTC Exchange of India (Receipt and Transfer Form) - 2165
21. Nomination Form - 2169
22. Underwriting agreement in a letter form - 2171
23. Underwriting agreement for issue of right shares - 2173
24. SEBI’S model underwriting agreement - 2175
25. Debenture - 2181
26. Debenture Trust Deed - 2184
27. Supplemental debenture Trust Deed (for securing
further debentures) - 2222
28. Debenture Trust Deed in respect of Single Debenture Holder - 2226
29. SEBI debenture trust deed - 2223
30. Mutual Fund Deed of trust - 2265
31. Agreement for appointment of a Managing Director - 2279
32. Managing Director’s Agreement - 2283
33. Agreement for Appointment of Company Secretary - 2290
34. Abridged Prospectus or Memorandum containing
salient features of prospectus - 2294
35. Matters to be Specified in Prospectus and Reports to be
Setout therein - 2297
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 - 2306
37. Prospectus (Inviting Subscription for Convertible Debentures) - 2312
38. Specimen of Affidavit (to be given individually
by each Applicant) - 2330
39. Letter of Offer - 2332
40. Declaration of Solvency - 2340
41. Shareholders’ Agreement - 2342
42. Schedule XIII to the Companies Act - 2366
43. Schedule XIII—Amendments Issued by Ministry of Law
Justice and Company Affairs in the Schedule - 2375
CONTENTS xxxv

44. Schedule IV to the Companies Act Schedule IV


to the Companies Act - 2381
45. Agreement to Take over Company by Transfer of Shares - 2389
46. Specimen Schemes of Demerger - 2392
47. Scheme of Arrangement and Amalgamation - 2417
48. The Scheme of Amalgamation - 2427
49. Specimen of Application for striking off the name of
the Company u/s 560 of the Companies Act, 1956 - 2429
50. Consultancy Agreement - 2431
51. Export Agency Agreement - 2433
52. Research & Development Agreement - 2437
53. Business Service Centre Agreement - 2440
54. Training Services Agreement - 2448

Chapter 2
Other Corporate Bodies and Societies
MODEL FORMS
1. Memorandum of Association of society -2476
2. Rules and Regulations of a Institution - 2477
3. Constitution of a Music Society - 2486
4. Objects of a Sports Club - 2489

PART VI
Shipping Documents
Chapter 1
Shipping Documents
MODEL FORMS
1. Agreement for Sale of ship - 2501
2. Deed of sale of Ship (whole) - 2504
3. Deed of Sale of Ship (some shares) - 2505
4. Mortgage of a ship by body Corporate to secure a loan - 2506
5. Deed of covenant to Accompany Statutory Mortgage of ship - 2508
6. Charter for the period of a voyage - 2515
7. Bill of Lading - 2519
8. Bottomry Bond - 2520
9. Respondentia Bond - 2521
10. Dock Warrant - 2522
11. Warehouse keeper's Certificate - 2523
12. Form of Marine Insurance Policy - 2524
xxxvi CONTENTS

PART VII
Non Contractual Documents or Deeds Poll
Chapter 1
Power of Attorney
MODEL FORMS
1. General power attorney - 2544
2. Special power of Attorney for admitting execution - 2551
3. Power of attorney to collect debts - 2552
4. Power of attorney to sell shares - 2554
5. Power of attorney to execute a deed of sale - 2556
6. Power of attorney to prepare a layout and sell plots - 2558
7. Power of attorney to raise money and mortgage property - 2560
8. Power of attorney to recover rents - 2562
9. Power of attorney to obtain letters of administration - 2565
10. Power of attorney by a Company to its Branch Manager - 2567
11. Power of attorney by the partners of a firm to one of them - 2570
12. Substituted power of attorney - 2574
13. Power of attorney to execute a document - 2575
14. Power of Attorney for Doing Ministerial Acts Relating to
Development of property in favour of Developers - 2576
15. Power of attorney for development of Property by the owner - 2579

Chapter 2
Banking and Negotiable Instruments
MODEL FORMS
1. Nominations form for FDR - 2598
2. Nomination Form for Locker - 2600
3. Nomination Form for Safety Locker - 2601
4. Nomination Form for Safe Custody - 2602
5. Letter of Guidance by Directors - 2603
6 Letter of lien for cash credit facility - 2604
7. Agreement for a cash/credit account - 2605
8. Promissory Note on demand - 2607
9. Promissory Note payable after a period - 2607
10. Promissory Note in favour of payee or his order - 2608
11. Promissory Note payable by instalments - 2608
12. Promissory Note payable at sight - 2609
13. Promissory Note payable at specified place - 2609
14. Joint promissory Note by drawers - 2609
15. Promissory Note in favour of joint promisees - 2610
16. Usance promissory note - 2610
CONTENTS xxxvii

17. Promissory Note (Commericial paper) - 2611


18. Bill of Exchange payable at sight - 2612
19. Bill of Exchange payable on demand - 2612
20. Bill of Exchange payable on presentment - 2613
21. Bill of Exchange payable to bearer - 2613
22. Bill of Exchange after date - 2614
23. Foreign Bill of Exchange in three sets - 2614
24. Shahjog Hundi - 2615
25. Darshani Hundi - 2615
26. Mudati Hundi - 2615
27. Bill of drawn by seller of goods - 2616
28. Agreement between a Bank & R. B. I. - 2617
29. Letter of Credit (Foreign) - 2620
30. Letter of Credit (Inland) - 2620
31. Another Form of Letter of Credit - 2621
32. Clean Letter of Credit - 2621
33. Agreement relating to opening of an inland irrevocable
(without recourse) letter of credit - 2622
34. Agreement relating to opening of an irrevocable
(without recourse ) import letter of credit - 2627
35. Facility Agreement - 2633
36. Performance Bank Guarantee - 2641

Chapter 3
Acknowledgements & Receipts
MODEL FORMS
1. Receipt for money - 2650
2. Receipt for goods - 2650
3. Receipt for document - 2651
4. Receipt for rent - 2651
5. Receipt for salary - 2652
6 Receipt for repairs - 2652
7. Receipt for legacy - 2653
8. Receipt by residuary legatee - 2653
9. Receipt by beneficiary - 2654
10. Receipt by retiring partner - 2654
11. Receipt by mortgagee - 2655
12. Accountable receipt - 2655
13. Acknowledgements - 2656
14. Acknowledgement to save limitation - 2656
15. Acknowledgement to save limitation - 2657
16. Acknowledgement of prescriptive right - 2657
xxxviii CONTENTS

17. Acknowledgement of prescriptive right - 2658


18. Acknowledgement of liability by part payment - 2658

Chapter 4
Adoption
MODEL FORMS
1. Deed of Adoption of a son - 2663
2. Adoption by a widow, of a son - 2665
3. Adoption by an unmarried woman, of a daughter - 2667
4. Adoption of an orphan - 2669

Chapter 5
Arbitration Agreement
MODEL FORMS
1. Agreement of reference to a common arbitrator - 2679
2. Arbitration Agreement between three partners - 2681
3. Agreement of reference to arbitration by members of a H.U.F. - 2683
4. 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

Chapter 6
Testamentary Documents
MODEL FORMS
1. Common form of a will - 2708
2. Detail will - 2710
3. Mutual will - 2712
4. Another (simpler) form of mutual will - 2714
5. Joint will - 2715
6. Codicil (correcting errors) - 2716
7. Codicil (amending the will) - 2717
8. Will reviving a revoked will - 2718

Chapter 7
Power of Appointment
MODEL FORMS
1. Deed of Appointment under a willl - 2723
2. Deed of Appointment under a Deed of Trust - 2724
CONTENTS xxxix

Chapter 8
Change in Name
MODEL FORM
1. Deed poll for Change in Name - 2726

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