Acknowledgement Forms by Gupta

846 CONVEYANCING, DRAFTING & DEEDS [Ch. 18

Acknowledgement Forms

1

Acknowledgement of a debt

[Date]

I[debtor] of [address, etc.] [or  I [agent] of [address, etc.] as the duly authorised agent of [debtor] of [address etc.]] hereby acknowledge that I am [or the said [debtor] is] indebted to you [or to [creditor] of [address, etc.] in respect of a [debtor] is ] indebted to you [or to [creditor] of [address, etc.]] in respect of a sum of Rs……..being the price of goods sold and delivered [or money lent] [or the balance due on an account stated between me [or the said debtor] and yourself [or the said [creditor]] this…………….  day of [or as the case may be].

To [creditor] of [address, etc.] [or to [agent] of [address,etc.] as agent

1

for the

said [creditor]].

[Signature of debtor [or agent]]

1. Acknowledgement may be given by or to an agent [See Limitation Act, 1963, s. 18].

2 Acknowledgment of a sum of money secured by mortgage or

other charge upon property or of a judgment debt [Date]

I [debtor] of [address,etc.] hereby acknowledge that a sum of Rs…… [secured by a mortgage [or charge] dated…  and made between [parties]] or secured by deposit with you of title deeds of my property known as……..] [or being the balance of purchase money unpaid on the purchase from you of the property known as……  [or registered under Book [Vol. No….]] [or for which you obtained judgment in the………… Court against me in an action the title of which is A. v B, 20…., A.  No…….] is still due and payable to you [together with interest from the….day of…..].

To [creditor] of [address, etc.]

[Signature of debtor]3

Form of I.O.U. or simple acknowledgement of indebtedness1 To [creditor] of [address]………………….I.O.U. the sum of Rs………….. (Rupees………………….) [Signature and address of debtor and date] 1 No stamp required. The effect of this document is merely to afford prima facie evidence (by admission) of indebtedness. It is not an agreement to pay, and therefore requires no stamp, see 3 Halsbury?s Laws (3rd Edn.) 247; 33 Halsbury?s Laws (3rd Edn.  pp. 296,297). If an I.O.U. is not addressed to anyone it is presumed to be an admission of indebtedness to the person who holds it; see Halsbury?s Laws (3rd Edn.) p. 255.

4 Acknowledgement of unsecured non-interest bearing loan1 I [debtor] of [address, etc.] hereby acknowledge that [creditor] of [address, etc.] has this day advanced to me the sum of Rs……….. [Rupees………] by way of loan free of interest and I agree to repay the same to the said [creditor] on demand.

2 [Signature of debtor and date]

1. It is considered that an instrument  in this form, containing a promise to pay, is a

promissory note ; As to the Stamp duty on promissory notes see Art. 49 to  Schedule

I of the Indian Stamp Act.

2. If the loan is to carry interest, insert, instead of the words ?free of interest?, the words

?bearing interest at…per cent per annum payable half yearly on [date] and [date] in each

year? or such other words as the case may be require, e.g. ?with interest at … per cent

per annum to the date of payment. ?

5

Acknowledgement by pledgee  of the delivery of the pledged property I [pledgee] of [address, etc.] hereby acknowledge that I have this day received from [depositor] of [address, etc.] [a diamond necklace containing………  stones] by way of pledge for securing the repayment of Rs……. [Rupees……………] and interest at…… per cent per annum from this date AND I hereby undertake to return the same on [production of this receipt and] payment of the said loan and interest [damaged by fire or other inevitable accident excepted]

[Signature of pledgee and date]

1. Under S. 172 of the Indian Contract Act, a pledge is a bailment of the goods as security for payment a debt or performance of a promise. The document is liable to be stamped as an agreement.

Ch. 18] ACKNOWLEDGEMENT AND RECEIPTS?FORMS 847848 CONVEYANCING, DRAFTING & DEEDS [Ch. 18

6 Acknowledgement of part payment

I [debtor] of [address, etc.]  hereby acknowledge that I have this…………  day of………….  paid a sum of Rs……….  (Rupees………………..) only in part payment of the debt of Rs………….  (Rupees………………….) only, which was borrowed by me from [creditor] of [address, etc.] on a Pronote dated………..  executed by me in his favour. Signed and delivered this, the……………………  day of……………..

[Signature of the debtor]

7 Acknowledgement of part payment by endorsement on Deed Paid a sum of Rs………… (Rupees………………………..) towards part payment of the amount due on the within mentioned pronote.

Dated……….. [Signature of the debtor]

8 Acknowledgement to extend limitation

[Another Form]

To

[Creditor]

Dear Sir,

I hereby acknowledge the receipt of a copy of a credit voucher dated…………..

for the sum of Rs………  (Rupees……………………) only.

I regret being unable to pay the same today, but I do hereby acknowledge

the correctness and my liability to pay the same.

Dated, Calcutta, this the……………….. day of………………….20….

Yours faithfully,

[Signature of the debtor]

9 Acknowledgement of right to arrears of interest on a mortgage debt, judgment debt, lien, or legacy1

[Date]

I [debtor] of [address, etc.] hereby acknowledge that I am indebted to you

in Rs…… being [number of years] years?  arrears of interest at the rate of………per cent secured by a mortgage dated…………  and made between [parties] [or payable in respect of a judgment of the Court dated…………  in an action of A. v B. 20…. A.  No….] [or on Rs……… the unpaid purchase money of property known as……..  in the city of…[or registered under Book No………] conveyed to me by you on the ……………. day of…………….  [or on a legacy of Rs……….  bequeathed to you by the will of (testator) deceased of which I am executor]: To [creditor] of [address, etc.]

[Signature of debtor]

1. See Limitation Act, 1963.  s. 19.

10 Acknowledgement of mortgagor?s title by mortgagee in possession1

[Date]

I [mortgagee or transferee] of [address, etc.] hereby acknowledge that [mortgagor] of [address, etc.] is entitled to redeem the property and premises comprised in a mortgage dated……….  and made between [parties] which security is now vested in me upon payment to me or my successors in title of the principal monies interest and costs for the time being owning on the security of the said mortgage.

[Signature of mortgagee or transferee]

1. See Limitation Act, 1963, s. 19.

11 Acknowledgement by executor of right to a legacy1

[Date]

I [executor] of [address, etc.] the executor of [testator] deceased hereby acknowledge that the legacy of Rs……… payable to [legatee] by virtue of the will of the said [testator] provided in the Probate Registry on………..  is still due and owing  from me with interest at the rate of………….  per cent per annum from [date] the date of the expiration of one year after the death of the said [testator].

[Signature of executor]

1. This acknowledgement operates under the Limitation Act, 1963, s. 20.  An acknowledgement by one executor only keeps alive the debt against the estate of the testator but is not sufficient by itself to bind the other executors personally ? Fordham v Wallis (1953) 17 Jur 228; Astbury v Astbury (1898)2 Ch.  111.

Ch. 18] ACKNOWLEDGEMENT AND RECEIPTS?FORMS 849 G : CDD (Vol. 1) ? 54850 CONVEYANCING, DRAFTING & DEEDS [Ch. 18

12 Acknowledgement of the right to arrears of rent under a lease1

[Date]

I[person liable] of [address, etc.] hereby acknowledge that I am indebted to you for [number of years] years?  arrears of rent up to day of…………  the………..20…. amounting in all to Rs………  under a lease dated……….. 20…..  and made between [parties] of premises No……….. in the City of…[or piece of land in the………….] and created by deed dated…….. made between A. of the one part and

B. of the other part].

To [person entitled to arrears] of [address, etc.]

[Signature of person liable]

13 Acknowledgement of the right to arrears of rent under a

registered lease

1[Another form]

Re :  Lease of Premises No…..(full description of the property)

[Date] I [peson liable] of [address, etc.] hereby acknowledge that I am indebted to you in the sum of Rs……….  being [five] years?  arrears of the rent reserved by a lease dated……… and made between [parties] of the above mentioned property which is registered under the title above referred to.

To [landlord] of [address, etc.].

[Signature of person liable]

1.   This acknowledgement is governed by  s. 18 of the Limitation Act, 1963. Where the tenant

writes to his landlord that he is willing to pay him the rent due, if the landlord can show

a title to give a valid receipt for it, that constitutes a sufficient acknowledgement?Rungo

Lall v Wilson 26 Cal 204.

14Acknowledgement to save Limitation

I, (debtor) of (address, etc.) hereby acknowledge that a sum of Rs………..

(Rupees…….) only due from me to (creditor) of (address, etc.) for value received.

Dated, this……………  day of……………  etc.

To (creditor) of (address, etc.)

[Signature of debtor]15

Another form of acknowledgement of debt

This is to acknowledge and place on record that on the basis of accounts

settled between us, I [debtor] of [address, etc.] am indebted to you, [creditor]

of [address, etc.] in the sum of Rs…….. (Rupees………………) only.

To (creditor) of (address, etc.)

Place………….

Date…………… [Signature of debtor]

16

Acknowledgement in letter form

To etc.

Dear Sirs,

We acknowledge the receipt of your letter demanding payment of the sum

of Rs….. (Rupees…..) only due from us on account of a bond dated….  executed

by us in favour of…………….., of which the period of limitation is about to expire

shortly.

As we are unable to make the payment immediately on account of certain

financial strains and limitations, we crave your indulgence to please bear with

us for another couple of months within which time we hope to be able to pay

you the amount due.

Thanking you,

Yours faithfully,

[Signature of debtor]

17

Acknowledgement of title to land

I (person in possession) of (address, etc.) (or agent, etc.) as  the duly

authorised agent of (person in possession) of (address, etc.), hereby acknowl-

edge that I am (or that the said person in possession) is, in possession of

(description of the property) containing by measurement (area of the land etc.)

or thereabouts adjoining the eastern boundary of my (or his) peremises known

as (description of the property) along the whole length of such boundary and

lying between such boundary and the hedge forming the western boundary of

your (or principal?s) premises known as (description of the propety) in the …….

Ch. 18] ACKNOWLEDGEMENT AND RECEIPTS?FORMS 851852 CONVEYANCING, DRAFTING & DEEDS [Ch. 18

(full description of the premises) by your (or principal?s) permission and that you

(or he is) are the true owner thereof.

To (owner or agent of owner) of (address, etc.)

[Signature of person in possession or his agent]

18

Acknowledgement of the Right to Property

I acknowledge the receipt of your letter calling upon me for immediate delivery

of (full description of the property intended to be delivered).

I do hereby admit and acknowledge that there has been some delay in making

the delivery of the said property on my part, but it was due to the circumstances

beyond my control.

I would, therefore, request you to please bear with me for another three

months, within which time I shall be in a position to make the delivery of

possession of the property to you and I do hereby acknowledge my said liability,

without requiring you to resort to  the court of law.

Thanking you,

Yours faithfully,

Dated……….. [Signature of the transferor]

19

Acknowledgement that a way is enjoyed by licence

[Date]

I [owner] of [address, etc.] being the owner of the property known as……..

in the……….. of……….  hereby acknowledge that I have not and do not claim any

right of way acorss the land of [other owner] situate at………  and known as………..

and that whatever enjoyment of a way across the said land has been had by

me or my predecessors in title or the lessees or occupiers of the said propety

in connection with the said property has been by the leave and licence [or by

the express written consent] of the said[other owner] or his predecessors in title

and not otherwise.

To [other owner]

[Signature of owner]20

Acknowledgement by owner of land that a way across

adjoining land is used by consent

[Date] I [person giving acknowledgement] being the recorded owner of the

land comprised in….hereby acknowledge and admit that I have and claim no right

of way over the adjoining land comprised in…………. and that the privilege of

passing over the last mentioned land which is now enjoyed by me is so enjoyed

with the consent and by the licence of [recorded owner of adjacent land] the

recorded owner of such last-mentioned land.

[Signature]

21

Acknowledgement that access of light to windows is enjoyed

by consent of the owner of adjacent land

I (owner of the windows) of (address, etc.) do hereby acknowledge that the

access and use of light and air to and from all the windows (or the new windows

recently opened by me) on the…side of my house (or my house known as……)

of which I am the sole owner, is enjoyed by the express consent in writing of

(owner of the adjacent land) of (address, etc.) and not as of right.

Signed, dated and delivered to the said (owner of the adjacent house), this

the …………. day of………………  20…….

[Signature]

22

Acknowledgement of right to production of documents of

title and undertaking for safe custody by

Vendor to Purchaser

To (Purchaser) of (address, etc.)

I, (vendor) of (address, etc.) hereby acknowledge your right to the production

of a deed (or conveyance as the case may be) dated etc. (or the documents

mentioned in the schedule hereto) relating to (full description of the property

purchased) and other properties and to delivery of copies threof AND I hereby

undertake with you for the safe custody thereof.

Signed, dated and delivered to the said (purchaser, etc.) this the……………..

day of……………….. 20……..

[Signature of vendor]

THE SCHEDULE above referred to :

(List of documents)

Ch. 18] ACKNOWLEDGEMENT AND RECEIPTS?FORMS 853854 CONVEYANCING, DRAFTING & DEEDS [Ch. 18

23

Acknowldgement of right to production of documents of

title and undertaking for safe custody

[Another form]

I (party who retains the documents) of (address, etc.) who retain possession

of the documents of title specified in the schedule hereto relating to (full

description of the property) belonging to (person to whom acknowledgement is

given) of (address, etc.) do hereby acknowledge  the right of the said person

(to whom acknowledgement is given) to production of the said documents and

to delivery of copies thereof and do hereby undertake for the safe custody

thereof.

The SCHEDULE above referred to :

(List of documents)

Dated…………. [Signature of party retaining the documents]

24

Acknowledgement of right to production of deeds and

undertaking for safe custody thereof?by one

purchaser to another

THIS DEED OF ACKNOWLEDGEMENT is made the…………………  day of …………….

BETWEEN C.D. of etc. of the ONE PART and E.F. of etc. of the OTHER PART.

WHEREAS:

(1) By a conveyance dated etc. and made between A.B. of etc. of the one

part and the said C.D. of the other part the said A.B. conveyed to the said C.D.

(description of the property conveyed) being part of property situate at………..

of which the said A.B. was then the absolute owner and by a conveyance dated

etc. and made between the said A.B. of the one part and the said E.F . (description

of the property conveyed) being the remainder of the said property.

(2) Upon the sales of the said respective portions of the said property it was

agreed that the said A.B. should deliver the documents of title mentioned in the

schedule hereto which relate to the whole of the said property to the said C.D.

as the purchaser of the larger part thereof and that the said C.D. should give

to the said E.F . the acknowledgement and undertaking hereinafter contained.

(3) The said documents have been delivered to the said C.D. by the said A.B.

NOW THEREFORE the said C.D.HEREBY ACKNOWLEDGES the right of the said

E.F. to the production of the documents mentioned in the schedule hereto and

to delivery of copies thereof and HEREBY UNDERTAKENS with the said E.F . for

the safe custody thereof.

IN WITNESS WEHREOF etc.The SCHEDULE above referred to :

(List of documents)

Dated…………….. [Signature of Parties]

25

Acknowledgement for production of counterpart lease where

the lease has been accidentally destroyed

I [landlord] of [address, etc.] the present reversioner under a lease dated

…..and made between [parties] which has been accidentally destroyed [state

manner of destruction] hereby acknowledge the right of [lessee or assignee] in

whom the term granted by the said lease is now vested to production of the

counterpart of the said lease which is now in my possession and to delivery of

copies thereof.

[Signature of landlord and date]

26

Acknowledgement by mortgagee?s solicitors of

receipt of title deeds

As solicitors for (mortgagee) of (address, etc.) we have this day received from

you as the solicitors for (mortgagor) of (address, etc.) the documents of title

relating to (description of property) as specified in the schedule hereto, now in

mortgage to our client (mortgagee) of (address, etc.) to secure Rs…………

(Rupees………………………….) only with interest at the rate of……….  per annum.

To (mortgagor?s solicitors) of (address, etc.)

The SCHEDULE above referred to :

(List of documents)

[Signature of mortgagee?s solicitors]

27

Acknowledgement by mortgagor or his solicitors of

redelivery of title deeds

I [or WE as solicitors of] [mortgagor] of [address, etc.] hereby acknowledge

that I [we] have this day received from [mortgagee?s solicitor] solicitor of

[mortgagee] all the documents of title relating to [or the documents specified in

the schedule hereto which relate to [short description of mortgaged property]

mortgaged to the said [mortgagee] by a mortgage [or legal charge] dated…..

Ch. 18] ACKNOWLEDGEMENT AND RECEIPTS?FORMS 855856 CONVEYANCING, DRAFTING & DEEDS [Ch. 18

which mortgage [or legal charge] has been this day paid off by me [or by the

said mortgagee].

The SCHEDULE above referred to :

[List of documents.]

[Signature of mortgagor?s solicitors and date]

28

Acknowledgement that an agreement was entered into by

one person on  behalf of another

MEMORANDUM. The within-written  agreement [or, if the acknowledgement

is not endorsed on the agreement : An agreement dated……  and made between

[parties] was entered into by the within-named [or the said] [agent] on behalf of

[principal] who is entitled to the entire benefit thereof subject to the obligations

binding on the within-named [or the said] [agent] thereunder and who is liable

to indemnify the within-named [or the said] [agent] against all actions claims,

demands and expenses in respect thereof and the within-named [or the said]

[agent] undertakes at the request and cost of the said [principal] to execute and

do all acts deeds and things necessary or proper for the purpose of enforcing

or procuring the due performance of the within-written [or the said] agreement

by the other party [or parties] thereto and otherwise so as to enable  the said

[principal] to obtain the full benefit of the within-written [or the said] agreement.

Dated the ……………..  day of……………20……

[Signatures of principal and agent]

29

Acknowledgement by a voluntary settlor that he under-

stands the effect of the settlement

I, the within-named [settlor] hereby acknowledge that this draft voluntary

settlement has been read and explained to me by [solicitor] my soliticitor and

that I fully understand (I) that if I once seal and deliver it, it will be irrevocable

(2) that I could if I so desired reserve power to revoke it and (3) that it is considered

to be a pruduent and proper course to reserve such power AND I further

acknowledge that having considered the matter I have deliberately determined

not to reserve to myself any power of revoking or altering the terms of the

settlement of which the above is the draft.

[Signature of settlor, and date. The memorandum

should be endorsed on the draft or written at the foot of it].30

Acknowledgement of the correctness of

an account stated

WE the above-named A and B having carefully examined and compared the

account set out above with the several vouchers hereby approve of the same

and admit that the balance of Rs……………  thereby shown is a correct balance.

As WITNESS  our hands this…………………..  day of……………

[Signatures of A. and B.]

31

Acknowledgement of Paternity (under Mohamedan Law)

1

I, C.D….., aged……..  years, son of……………., by religion……………….  rersident

of…………………….., do hereby declare and acknowledge that A. B., aged about

………….years (full description and identification marks of A.B.,) and residing with

me is my legitimate son/daughter born of my legally married wife X.Y. daughter

of………………….. whom I married on at……..  according to the …………..Law and

customs1

.

I have since the birth of the said A.B. always treated him/her as my lawful

son/daughter.

Signed, dated  and delivered at………………………

This the………………….  day of………………… 20……

In the presence of: [Signature of C.D.]

1. Where the paternity of a child cannot be proved by establishing a marriage between his

parents at the time of his conception or birth, the Mohamedan Law recognises

?acknowledgement? as a method whereby such marriage and legitimate descent can be

established as a matter of substantive law of purposes of inheritance ? Mulla?s

Mohamedan Law, p. 358. But ?No statement made by one man that another (proved to

be illegitimate) is his son can make that other legitimate, but where no proof of that kind

has been given such a statement or acknowledgement is substantive evidence that the

person so acknowledged is the legitimate son of the person who makes the statement,

provided his legitimacy is possible. ? ? Sadik Husain v Hashim Ali, (1916)43 IA 212, 234:

38 All 627, 661 : 361 IC 104. A child born in wedlock cannot be bastardised except on

clear proof of non-access ? Mohd. Haneefa v Pathammal Bevi, 1972 KLT 512. Where

there is a valid acknowledgement of legitimacy in favour of a claimant, then the marriage

will be held to have been proved and once the claimant established his acknowledgement,

the onus shifts on those who deny the marriage to negative it ? Mohammad Yusuf v

Mahboobunisa Begum (1971)1 AWR 97.

Ch. 18] ACKNOWLEDGEMENT AND RECEIPTS?FORMS 857