Anomalous Mortgage by Gupta

ADVERSE POSSESSION
usufructuary mortgagee?s claim of, if tenable, 629
AGREEMENT(S)
loan of sum of money on mortgage, for, (form), 692
make joint or mutual wills, to, (form), 1065
pledge
extension of credit facilities, for, (form), 939
offering securities and other properties of borrower to secure repayment
of loan against promissory note, (form), 947
sale of trust property executed by secretary of trust, for,142
validity of, 142
transferring property in trust for private company to be formed, (form), 188
ANOMALOUS MORTGAGE?see also MORTGAGE
classes under, 636
forms of ? see MORTGAGE
local mortgages
hadawara mortgages of South Kanara, 638
kanom mortgage of Malabar, 638
lakhamukhi mortgage of Punjab, 638
otti mortgage of Malabar, 638
san mortgage of Gujarat, 638
meaning of, 636
miscellaneous forms of, 638
mortgage by conditional sale and usufructuary mortgage, combination of, if, 637
simple mortgage and usufructuary mortgage, combination of, if, 636
APPEAL
no, lies against appointment of trustee?when trust comes to an end, 142
APPOINTMENT
new trustees, of
deed of, 231
ATTESTATION
charge whether requires, 871
will, of, 1002
form of, 1003
rule of?personal acknowledgement of signature of testator, 1004
ATTESTING WITNESS
scribe if can prove will as, 1006
1169
G: CDD (Vol. 7) ? 741170 CONVEYANCING, DRAFTING & DEEDS
BANKS FIXED DEPOSITS
trust, if in, 137
BENEFICIAL  INTEREST
certificates of
land trust with transferable, (form), 168
right to transfer
beneficiary, by, 146
married woman, by, 146
BENEFICIARY (IES)
bring eviction proceeding against tenant, if can, 146
?holding property for the benefit?  and  ?holding property on behalf of?? distinction
between, 146
right to transfer beneficial interest by, 146
single
will leaving all properties to, (form), 1130
trust for benefit of creditors, 145
trusts for benefit of persons as minors? nominees, 146
BENEFIT
creditor
trust for, 145
persons, of
trust for, as minors? nominees, 146
BEQUEST (S)?see also WILL
alternative
what is, 988
conditional
what is, 985
onerous
what is, 988
property capable of being beqeathed, 993
void
what is, 992
will, under
transfer of property, if, 981
BILL OF EXCHANGE
memorandum of deposit of securities to secure due payment of, (form), 675
BOARD OF FINANCE COMPANY
legal charge by, (form), 884
CANCELLATION
revocation of will by, 1009
validity of, 1009INDEX 1171
CHARGE
creation of, by act of parties, requisites of, 864
definition of, 863
first
statutory, whether gets precedence over existing mortgages, 870
floating
fixed charge, and, distinction between, 866
what is, 866
forms of?see also MORTGAGE
charge by way of simple mortgage created over immovable property with
payment of amount of loan, interest and costs covenanted to be paid, title
deeds relating to property being delivered to lender as evidence of
charge, 890
charge of leaseholds to secure advances made under provisions of house
building loan regulations, 907
charge of partner?s share and interest in partnership as security for
repayment of loan with interest, 890
charge on immovable property as security for loan with a policy of insurance
as guarantee and additional security , 905
charge on a share in the profit of partnership business to secure repayment
of advance in instalments, 911
deed of charge of house property during the course of construction, 915
deed of charge on immovable property to secure present and future
advances, 914
deed of charge to accompany deposit of title deeds to secure advance ?
power to mortgagor to dispose of property with approval of mortgagees,
892
deed of charge to secure purchase consideration payable in instalments
to vendor, 912
deed of further charge against existing security to be discharged only upon
repayment of entire amount of loan with interest to be accrued thereon,
887
deed of further charge supplemental to subsisting mortgage to secure
further payment without additional security, 917
deed of further charge with additional security of immovable property, 919
deed of further charge where there have been several prior further charges,
921
deed of further equitable charge upon same securities for repayment of
additional advance, where original advance is already secured by
memorandum of deposit of title deeds, 888
deed of hypothecation of tea crop and charge on immovable property, 973
deed of second further charge supplemental to previous further charge,
921
floating charge on all present and future property excepting personal effects
of borrower, 9221172 CONVEYANCING, DRAFTING & DEEDS
floating security of existing book debts of business now owing on hereafter
to become owing to borrower, 889
general charge over all assets, properties, book debts and movables and
immovables as security for debts, 873
legal charge by board of finance company, 884
legal charge by trustees of unincorporated club, 880
legal charge of building under construction with the amount of loan to be
advanced, 896
legal charge of dwelling house to secure advance from statutory body to
be repaid by instalments of principal, 894
legal charge of factory with fixtures etc. to secure loan with collateral
security to insure the lender against loss of amount of loan and interest
and further insurance on the value of the property charged, 917
legal charge of leasehold by builder to secure present sum and further
advances to enable completion of buildings ? covenant by lender to
make further advances, 877
legal charge on mortgage by limited company ? covenants and provisos
in Schedules ? variation where prior equitable mortgagee joins to
postpone his security , 882
legal charge or mortgage of freehold building estate, with provisions for
releasing parts of it from time to time on payment of part of principal ?
debt not to be called in for certain time, 885
receipt to be endorsed on or annexed to a mortgage or further charge to
a building society on payment of the money secured thereby, 924
specific credit balances, on charge, as security for liabilities of third party,
889
transfer by supplemental deed of mortgage and further charge by executor
of survivor of deceased mortgagees the mortgagor not concurring, 923
further, deed of, what is, 867
lien, and, distinction between, 867
maintenance, for, 870
created by decree by prevails over charge created by court, 870
may be created in perpetuity , 867
meaning of, 863
money due under exchange if creates, 869
mortgage, and, distinction between, 866
operation of law, by, 865
purchaser?s, for purchase money paid in advance, 868
registration of, 871
Companies Act, under, 872
simple mortgage, if, 869
stamp duty for, 872
vendor?s, for unpaid purchase money, 868
whether required attestation, 871
CHARGE?Contd.
forms of?contd.INDEX 1173
CHARGE-HOLDER
right of, 867
CHARITABLE ENDOWMENT FUND
establishment of
operated by advisory committee, to be, (form), 490
CHARITABLE TRUST
cy pres doctrine, and, 149
trustees of, 486
CHILD(REN)
donor, of
deed of irrevocable trust for benefit of, (form), 191
settlor, of
deed of trust for benefit of, for, (form), 197
trust deed for benefit of, (form), 389
CLUB
unincorporated
legal charge by trustee of, (form), 880
CODICIL? see also WILL
form of?see  WILL
meaning of, 992
revocation of will by another, 1006
COMPANY
finance?see FINANCE COMPANY
COMPANIES ACT, 1956
charge under, registration of, 872
CONDITIONAL BEQUEST
what is, 985
CONTINGENT BEQUEST
what is, 987
COVENANT
personal? see PERSONAL COVENANT
CONVEYANCE(S)
deed of
combined with mortgage to secure part of purchase money, (form), 848
exchange by separate mutual, (form), 585
settlement and, distinction between, 375
CREDIT FACILITY(IES)
extension of
pledge agreement for, (form), 9391174 CONVEYANCING, DRAFTING & DEEDS
CREDITOR(S)
benefit of
trusts for, 145
transfer of trust property to trustee for benefit of, (form), 199
CUSTOMER
share broker and, relationship between, 141
CY PRES DOCTRINE
charitable trust and, 149
DEBT
equitable mortgage, under, 632
future
mortgage whether includes, 620
DEBUTTAR PROPERTY
trust, or, 137
DEDICATION
valid
essentials of, 483
DEVELOPMENT
wakf board?s power to utilise wakf property for, 536
DONOR
advised fund bequest for charitable purposes, (form), 495
deed of irrevocable trust for benefit of children of, (form), 191
DUTY(IES)
fiduciary
liability and, 143
trustees, of
modification of, 141
ENDOWMENT(S)
appointment of new trustee by sole surviving trustee upon death of remaining
trustees in terms of original deed of endowment, (form), 533
appointment of new trustee of a religious and charitable endowment, (form), 515
bed in hospital for poor and disabled persons, donating, 523
church room for charitable purposes, dedication of land for erection of, (form),
509
creation of, deed if necessary for, 487
dedication for
absolute, 480
illusory, 482
partial, 481INDEX 1175
deed of
construction of, 484
establishment of welfare fund for destitute women, for, (form), 487
deed if necessary to create, 484
deities consecrated in a temple, endowment in favour of, and for other religious
and charitable purposes, (form), 498
donations to various charitable organisations over several years, establishing
endowment fund to provide, (form), 528
donor advised fund bequest for charitable purposes, (form), 495
educational institution, for establishment and running of, (form), 500
fund?see ENDOWMENT FUND
gift, if, 478
holiday homes of disciples and followers of a charitable institution, freehold land
for, (form), 529
homes for poor, destitutes and disabled persons, charitable endowment for
establishment of, (form), 516
hospital for treatment of persons of small means, endowment for establishment
of, (form), 519
meaning of, 477
mission building, establishing, to preach the teachings of Sri Ramakrishna and
Swami Vivekananda, (form), 514
registration of deed of, when necessary, 486
revocation of, 486
Roman Catholic chapel, presbytery and schools, endowment of, and of an
endowment fund for providing stipend for priest, and of furniture and other
articles for use in connection therewith, (form), 530
Roman Catholic faith and in particular for Roman Catholic School, promotion
of, (form), 504
specific, 483
stamp duty for deed of, 486
temple and out-buildings, land for religious purpose of construction of, (form), 511
temple dedicated in favour of a deity, (form), 496
trust and
unanimous concepts, if, 480
trust, if, 479
university, testamentary disposition in favour of, (form), 503
university to establish professorship, testamentary disposition in favour of,
(form), 503
ENDOWMENT FUND
charitable?see CHARITABLE ENDOWNMENT FUND
establishment of
charitable purposes, for, (form), 494
heart research foundation, (form), 491
scholarship, for grant of, (form), 493
ENDOWMENT(S)?Contd.1176 CONVEYANCING, DRAFTING & DEEDS
ENGLISH MORTGAGE?see also MORTGAGE
characteristics of, 630
concept of, 630
English law, under, 630
essentials of, 629
forms of ?see  MORTGAGE
mortgage by conditional sale, and, distinction between, 631
simple mortgage and, distinction between, 631
EQUITABLE MORTGAGE?see also MORTGAGE
debt under, 632
deed of transfer of, by deposit of title deed where mortgagor is concurring and
joining and joining in deed, (form), 679
deposit of title deeds, by, as security against loan repayment in monthly
instalments with interests and costs, with usual covenants, (form), 678
documents which can be deposited as title under, 632
essentials of, 632
forms of?see MORTGAGE
meaning of, 632
mortgage by deposit of title deeds and, distinction between, 635
title deeds
deposit of, under, 632
intention to create security, with, 633
specified towns, in, 634
EXCHANGE
agreement for
one party for getting possession of property which he is entitled to receive
under, 565
cancellation and reconveyance, (form), 617
conveyance of freeholds in, for leaseholds assigned by deed of even date, 566
deed of
exchange of properties between two persons by separate deeds, (form),
569
properties, of, between two persons by single deed, (form), 568
effect of defect in title in property received in, 565
freehold premises, of, between three individuals by one deed, (form), 570
delivery of possession, by, and without registration of document, 564
how made, 564
immovable properties, of, (form), 577, 582
adjoining owners, between, to secure mutual rights of lights and way and
straightening boundaries ? money paid for equality of exchange, (form),
590
beneficiary and trustee, between, with provisions as to release of existing
encumbrances, (form), 575
beneficiary, trustee and individual owner, between, where property subject
to existing trust, (form), 613INDEX 1177
disputes as to boundaries, by way of, and all other parties interested are
joining, (form), 599
freehold properties for leasehold properties and money payable for equality
for value, (form), 616
leasehold properties for freehold properties with covenants for payment of
lease-rent etc., (form), 611
mortgage, properties subject to, and mortgagee joining, (form), 604, 606
mortgagor, mortgagee and another individual owner, between?property
subject to mortgage?mortgage joining to effect substitution of his
security , (form), 604, 606
one right of way for another, (form), 573
owners, between two, (form), 571, 577, 579, 582, 588
arbitrator or valuer to determine equality money?provision for appor-
tionment of rent when one of properties exchanged is leasehold,
(form), 595
equalities of value, payment made by one of them for, (form), 593, 597
restrictive covenants, one of properties subject to, (form), 603
properties of equal value, between two owners of, (form), 586
rights and liabilities of parties for, (form), 563
school authorities and individual owner, between, where  property of
individual owner to be used for school purposes, (form), 614
separate mutual conveyances, by, (form), 585
single document, by where equalisation money is paid, 583
supplemental deed of settlement, by way of, between owner/settlor and
beneficiary?trustees joining for payment of money for equality of
exchange, (form), 608
tenants-in-common and another, between, (form), 610
two separate deeds, between two owners by, (form), 587
instances of, 563
meaning of, 561
partition and, distinction between, 562
party holding property by, if can plead adverse possession, 565
recoveyance after cancellation of, (form), 617
registration when compulsory for, 571
rights and liabilities of parties for, of immovable properties, 563
sale and, distinction between, 562
stamp duty for, 565
transfer of ownership vis-a-vis, 562
EXECUTION
will, of
proof of, 1005
EXCHANGE?Contd.
immovable properties, of?contd.1178 CONVEYANCING, DRAFTING & DEEDS
EXECUTOR
assent by, to devise of freehold for life, (form), 1155
FEMALE
member, if disqualified as trustee, 141
FIDUCIARY DUTY
liability, and, 143
FINANCE COMPANY
board of
legal charge by, (form), 884
FIXED CHARGE
floating charge and, distinction between, 866
FLOATING CHARGE
fixed charge and, distinction between, 866
on all present and future property excepting personal effects of borrower, (form),
922
FORECLOSURE?see also MORTGAGE
classes of mortgages, applicability to, right of, 645
forms of?see MORTGAGE
mortgagor?s rights as to, 645
rule against, 646
FOREIGN DIRECT INVESTMENT(S)
India, in
joint venture, and, 22
modes of, 15
American deposit receipts, 15
foreign currency convertible bonds, 15
global depository receipts, 15
State level project implementation, 15
FOREIGN DIRECT INVESTMENT POLICY FRAMEWORK IN INDIA
automatic approval route and FIPB route, 13
existing companies, 13
foreign investment in small scale sector, 14
foreign investment policy , 12
trading activities, for, 15
government approval (FIPB route), 14
industrial licensing, 12
industrial policy, 11
new ventures, 13
regulation and procedures, 12INDEX 1179
FREEHOLD PROPERTY
deed of simple mortgage of, mortgagor to bear all expenses for property taxes,
insurances and repairs and maintenance of mortgaged property during period
of mortgage, (form), 661
FURNITURE
household?see HOUSEHOLD FURNITURE
FURTHER CHARGE
deed of
supplemental to subsisting mortgage to secure further payment without
additional security, (form), 917
what is, 867
where there have been several prior further charges, (form), 918
with additional security of immovable property, (form), 919
FUTURE DEBT
mortgage includes, 620
GIFT
settlement and, distinction between, 374
what is, 374
GIRL
trust for personal property by, before her intended marriage, (form), 190
GUARDIAN
minor?s property, of, if trustee, 140
HADAWARA MORTGAGE(S)
South Kanara, of, 638
HEART RESEARCH FOUNDATION
endowment fund for, (form), 491
HINDU UNDIVIDED FAMILY
karta of, if trustee, 139
HINDU WILL, 1011
?HOLDING PROPERTY ON BEHALF OF?
?holding property for the benefit of? and, distinction between, 146
HOUSEHOLD FURNITURE
mortgage of, goods and materials as security for loan repayable in monthly
instalments, with mortgagee?s right to take over possession and sell mort-
gaged property in case of default by mortgagor, (form), 660
HUSBAND
wife and
settlors, as, income to settlors for their lives with remainder to descendants,
(form), 3771180 CONVEYANCING, DRAFTING & DEEDS
HYPOTHECATION
forms of
agreement for hypothecation of stocks, goods and moveables to secure
present and future debts, 967
deed of hypothecation of book debts and assets of business to secure
advance, 970
deed of hypothecation of tea crop and charge on immovable property, 973
letter of hypothecation of tangible property to secure loan, 958
supplemental deed of hypothecation of stocks and moveables of borrower
to secure further advance without additional security, 975
supplemental deed of hypothecation with additional security to secure
further accommodation of advance, 977
meaning of, 955, 956, 957
pledge, and, distinction between, 955
registration of, 956
specie of pledge, whether, 955
stamp duty for, 957
HYPOTHECATOR
whether can enter into agreement of sale of hypothecated property, 956
IMMOVABLE PROPERTY
declaration of trust of, by trustee, (form), 231
development of
joint venture agreement for, (form), 80
trust of
how created, 156
IMPLIED TRUST
connotation of, 142
INTERNATIONAL GENERAL HOSPITAL
joint venture agreement for setting up of, for treatment of foreigners and Indians,
(form), 101
IRREVOCABLE TRUST
deed of
benefit of children of donor, for, (form), 191
IRREVOCABLE TRUST AGREEMENT
minor, in favour of, appointing nationalised bank as trustee, (form), 216
revoked, if can be, (form), 221
JOINT FAMILY PROPERTY
subject-matter of settlement, if can be, 373
JOINT VENTURE
activities, 21INDEX 1181
agreement(s)
development of immovable property, for, (form), 80
drafting of, 5
for setting up of international general hospital for treatment of foreigners
and Indians, (form), 101
foreign company and Indian company, between, for installation of new
factory?technological assistance?production, sale and export of new
products to be manufactured, (form), 73
foreign manufacturer and Indian distributor setting up a jointly owned
company within India and both to produce goods within India and to resell
goods manufactured by foreign manufacturer, (form), 69
general form, 27
Indian company and foreign company, between, for installation of new
factory ?technological assistance?production, sale and export of new
products to be manufactured, (form), 73
Indian company and foreign company, between, for manufacturing agreed
products, (form), 63
Indian company and foreign company, between for transfer of technology
with mutual covenants, stipulations and restrictions as to the liability of
the Government of respective companies, (form), 48
international, 7
partnership in the nature of joint venture between two firms of architects
for a single project or adventure, (form), 82
sale of plant and stocks of business, for, with arrangement between vendor
and purchaser for continuing production in the plant pending removal
thereof?vendor to act as manufacturing agent of purchaser and to act
under agreed terms (form), 127
setting-up of international general hospital for treatment of foreigners and
Indians, (form), 101
technical assistance, for providing, by U.K.  based company for setting up
plant for Indian company, (form), 119
three companies, between, for construction of factory, process of produc-
tion and sale of finished products by mutual agreements between parties
(form), 93
three companies, between, where one company to purchase raw materials
from other two companies who have agreed to sell finished products to
be manufactured by first company, (form), 90
three companies, between, whereby entire products manufactured by one
of the companies are agreed to be sold by the remaining two companies
to various countries, (form), 45
two companies, between, for execution of turnkey projects, (form), 31
two companies, between, for operation of plant and other services for
carrying on business, (form), 130
two manufacturers, between, for manufacturing and selling joint products,
(form), 88
JOINT VENTURE?Contd.1182 CONVEYANCING, DRAFTING & DEEDS
two persons, between, (form), 24
appointing agent to act for joint venture and run business, (form), 125
business objectives, 8
characteristics of, 4
development and licensing of technology, 10
different forms of, 5
entry strategy into India, 18
branch office, 18
company, 18
liaison office, 18
project office, 19
facilitating alliances, 22
foreign direct investment in India and, 22
foreign investment implementation authority, 17
important sectors where foreign direct investment up to 100 per cent is
permitted, 19
automatic route, 19
government route, 20
investment incentives, 16
power tariff incentives, 16
investment promotion and infrastructure development cell, 17
management contracts, 7
meaning of, 2
partnership and, distinction between, 4
policy framework, 16
pro-competitive, 7
relations between members inter se vis-a-vis third parties, 4
risk-sharing, 7
sectors which attract ceiling on foreign ownership, 20
JOINT WILL
two brothers, of, (form), 1153
what is, 983
KANOM MORTGAGE
Malabar, of, 638
LAKHAMUKHI MORTGAGE
Punjab, of, 638
LEASE
usufructuary mortgage and, distinction between, 627
LEASEHOLD PREMISES
deed of surrender and release of, by lender in favour of borrower upon full
repayment of loan and interest, (form), 681
JOINT VENTURE?Contd.
agreement(s)?contd.INDEX 1183
mortgage of
assignment, by, for residue of unexpired terms of lease in favour of
mortgage with necessary covenants for redemption, (form), 658
LEGAL CHARGE
form of?see CHARGE
LIABILITY
fiduciary duty and, 143
LIEN
charge and, distinction between, 867
mortgage and, distinguished from, 927
pledge and, distinction between, 927
LIFE INSURANCE POLICY
assignment of
continuing security against bank account, as, (form), 786
interest in, as security for money borrowed, (form), 774
security to indemnify for defaulted payments by guarantor under hire-
purchase agreement, as, (form), 788
LOAN
agreement for, of sum of money on mortgage, (form), 692
letter of hypothecation of tangible property to secure, (form), 958
partial reduction of
surrender of part of mortgaged property after, (form), 856
MAHANT
math, of, if trustee, 139
will by
bequeathing his personal estate to his chela, a minor also appointed as
his successor?his wife is appointed as guardian of minor, 1133
MAHOMEDAN LAW
declaration of wakf by vesting all movable and immovable properties for benefit
of wakif and his family and for religious pious and/or charitable purposes as
recognized by, (form), 539
MAHOMEDAN WILL, 1012
MAINTENANCE
charge for, 870
created by decree prevails over charge created by court, 870
MATH
mahant of, if trustee, 139
LEASEHOLD PREMISES?Contd.1184 CONVEYANCING, DRAFTING & DEEDS
MEMORANDUM OF DEPOSIT OF SECURITY(IES)
intended to be charged with repayment of amount of loan with interest, (form),
674
secure, to, due payment of bill of exchange, (form), 675
MEMORANDUM OF DEPOSIT OF TITLE DEED(S)
builder, by, to secure payment of price for materials purchased, (form), 674
contracts, by, as security for due performance of works contract under public
authority, (form), 676
equitable mortgage, by way of, with provision for subsequent legal mortgage to
secure present and future advance, (form), 677
supplemental
for additional documents deposited, (form), 678
MINOR
guardian of property of, if minor, 140
MISMANAGEMENT
liability for, of private religious endowment by one of trustees, 141
MORTGAGE? see also FORECLOSURE, MORTGAGEE, MORTGAGOR, REDEMPTION,
SALE
analysis of, 621
anomalous mortgage
classes under, 636
local mortgages
hadawara mortgages of South Kanara, 638
kanom mortgage of Malabar,  638
lakhamukhi mortgage of Punjab, 638
otti mortgage of Malabar, if, 638
san mortgage of Gujarat,  638
meaning of, 636
mortgage by conditional sale and usufructuary mortgage, combination of,
637
simple mortgage and usufructuary mortgage, combination of, if,  636
aspects of, 621
characteristics of, 621
charge and, distinction between, 866
classes of, 621
conditional sale, by
characteristics of, 621
English mortgage and, distinction between, 631
instances of, 623
meaning of, 621
registration of, when necessary,  622
tests of, 623
sale or, 623INDEX 1185
deed of
executed and registered but mortgage money when not paid, 647
effect of, 647
not registered at inception but registered subsequently, 650
effect of, 650
deposit of title deeds, by
debt under, 632
documents which can be deposited as title under, 632
equitable mortgage and, distinction between,  635
essentials of, 632
meaning of, 631
registration of, if necessary, 649
title deeds, deposit of, under,  632
intention to create security, with, 633-634
specified towns, in,  634
English
characteristics of, 629
concept of, 630
English law, under, 630
mortgage by conditional sale, and, distinction between, 631
simple mortgage and, distinction between, 631
equitable?see EQUITABLE MORTGAGE
debt under, 632
documents which can be deposited as title under, 632
essentials of, 632
meaning of, 632
mortgage by deposit of title deeds and, distinction between, 635
registration of, if necessary, 649
title deeds
deposit of, under, 632
intention to create security, with, 633-634
specified towns, in, 634-635
forms of ? see also CHARGE
agreement between producers of tele-film and financiers for advance of
money for completion of production of tele-film, right of exploitation,
distribution and copyrights of tele-film being assigned to financiers, 655
advance of money to a company against assignment benefit of a building
contract with floating charge on company?s assets and business debts
by way of additional security, a shareholder of the company is joining as
surety, 792
agreement by a mortgagee to concur in sales of mortgaged property by
borrower, the  purchase money being deposited the name of mortgagee
for payment of debt, 693
agreement for loan of a sum of money on mortgaged, 692
MORTGAGE?Contd.
G: CDD (Vol. 7) ? 751186 CONVEYANCING, DRAFTING & DEEDS
agreement for mortgage of immovable property as security  for loan of a sum
of money with provisions for continuing the loan for a time certain and
for the appointment of a receiver, 695
assignment by way of security for amount borrowed, the retention monies
payable under building contractor, 778
assignment of benefits of a building or engineering contract as security for
advance of money to borrower, lender being given option and powers to
execute the works in  the event of borrower?s default in making repayment,
798
assignment of benefit to receive monies payable under a building or other
contracts as security for amount borrowed, 776
assignment of bond debt enforceable as security for amount borrowed, 781
assignment of  copyright in a literary work as a security against money
borrowed subject to re-assignment upon repayment of loan by borrower,
790
assignment of immovable property by surety by way of collateral security
for existing mortgage, 731
assignment of interest in life insurance policy as security for money
borrowed, 774
assignment of judgment debt as security for loan advanced, 783
assignment of life insurance policy as continuing security against bank
account, 786
assignment of life insurance policy as security to indemnify for defaulted
payments by guarantor under hire-purchase agreement,788
assignment of life insurance  policy by surety as additional security for
repayment of loan already secured by earlier  charge on immovable
property , borrower joining the deed, 784
assignment of simple contract debt to secure repayment of loan, 780
conditional surrender by mortgagor to  transferee of mortgage, 855
consent by mortgagee to lease to be made by mortgagor there being a
proviso in the mortgage deed requiring such consent,  809
deed creating new mortgage upon redemption of original mortgage
whereby right of second mortgagee is  postponed to new mortgage, 835
deed of alteration varying terms of mortgage, 806
deed of apportionment of mortgage debts to different parts of mortgaged
property as supplemental to original deed, 810
deed of conveyance combined with mortgage to secure part of purchase
money, 848
deed of mortgage to secure advance for business purposes, 651
deed of mortgage to secure a consolidated debt consisting of several
mortgage debts transferred  by separate deeds and further advance, 754
deed of reassignment, release and surrender of leasehold premises by
mortgagee upon redemption of mortgage and repayment of amount of
loan with interest by mortgagor, 682
MORTGAGE?Contd.
forms of?contd.INDEX 1187
deed of reconveyance and release of mortgaged property by L.I.C., 851
deed of release and surrender by first mortgagee in favour of second
mortgagee of immovable property at the instances of borrower upon
redemption of first mortgage, 861
deed of release and surrender by second mortgagee of leasehold premises
upon redemption of mortgage to be merged and extinguished subject to
terms and liabilities of first mortgage, 683
deed of release and surrender of mortgaged property forming part of
deceased?s estate in favour of mortgagor?s executor/administrator, 860
deed of second mortgage of leasehold immovable property for unexpired
residue period of lease, 842
deed of simple mortgage of freehold property, mortgagor to bear all
expenses for property taxes, insurances and repairs and maintenance
of mortgaged property during period of mortgage, 661
deed of surrender and release of leasehold premises by lender in favour
of borrower upon full repayment of loan and interest, 681
deed of surrender and release of mortgaged property by second mort-
gagee who stood as guarantor against mortgagor?s bank loan, overdraft
having been paid off by mortgagor, 859
deed of surrender of part of mortgaged property upon partial redemption
of mortgage, 857
deed of transfer of equitable mortgage by deposit of title deed where
mortgagor is concurring and joining in the deed, 831
deed of transfer of first and second mortgages of immovable property with
arrears of interest in favour of transferee, 826
deed of transfer of interest and benefit of mortgage by mortgagee where
portions of property originally subject to mortgage have been sold, 820
deed of transfer of mortgages by administrators to themselves provisions
made to include the cases of previous transfers also, 824
deed of transfer of mortgage by mortgagee in favour of transferee with
consent of mortgagor who joins the deed, 680, 830
deed of transfer of mortgage of immovable property where mortgagor is
joining,  819
deed of transfer of mortgage where covenantor is joining, 820
deed of transfer of sub-mortgage, sub-mortgagor receiving further advance
and confirming transfer, 839
deed supplemental to deed of mortgage altering rate of interest, 805
deed of transfer of rights, title and interest in the mortgaged property of
deceased mortgagee by executors of his will in favour of beneficiaries,
823
deed supplemental to mortgage executed as collateral security, 804
deed supplemental to mortgage extending leasing powers of mortgagor,
806
deed supplemental to mortgage varying terms, 803
MORTGAGE?Contd.
forms of?contd.1188 CONVEYANCING, DRAFTING & DEEDS
deed supplemental to mortgage where further charge is expressed to be
made, 808
deed transferring existing mortgage by mortgagee and creating further
charge against additional security for  further payment to original
borrower, 813
household furniture, of, goods and materials as security for loan repayable
in monthly instalments, with mortgagee?s right to take over possession
and sell mortgaged property in case of default, 660
leasehold premises by assignment for residue of unexpired term of lease
in favour of mortgage with necessary covenants for redemption, of, 658
memorandum accompanying deposit of title deeds to secure fixed sum, 688
memorandum of agreement for transfer of fully paid shares in a company
as security for repayment of advance, 827, 829
memorandum of declaration to accompany deposit of title deeds by way
of  equitable mortgage to secure advance, 688
memorandum of deposit of securities intended to be charged with repay-
ment of amount of loan with interest, 674
memorandum of deposit of securities to secure due payment of bill of
exchange, 675
memorandum of deposit of title deed by builder to secure payment, 686
memorandum of deposit of title deeds by builder to secure payment of price
for materials purchased, 674
memorandum of deposit of title deeds by contractors as security for due
performance of works contract under public authority, 676
memorandum of deposit of title deeds by way of equitable mortgage with
provision for subsequent legal mortgage to secure present and future
advance, 677, 685
memorandum of deposits of title deeds held by solicitors on behalf of
mortgagees  of different properties, 686
memorandum of deposit of valuable securities with bank to secure balance
account,  687
memorandum of transfer of equitable mortgage by deposit of title deeds, 823
memorandum of transfer of shares in a company in favour of creditor to ?
secure payment of bills of exchange,  690
memorandum to accompany transfer of shares in a company as security
for advance with provision for furnishing additional securities to meet
future short fall or future advances, if any, 689
mortgage and general charge of immovable and moveable properties,
capital and goodwill of a limited company in favour of bank with general
powers annexed, 708
mortgage by way of charge of interest in land and on the building to be
constructed thereon under a building agreement as also in the several
leases to be granted in favour of the borrower as security for advance,
with power of sale and other rights in case of default,  714
MORTGAGE?Contd.
forms of?contd.INDEX 1189
mor tgage of all existing and future book debts and goodwill
of business as security for existing debt,  752
mortgage of building comprising several flats and offices subject to partial
tenancies or long-term leases, 723
mortgage of business premises together with floating charge on goodwill
and book debts of business, to secure advance, lender taking share of
profits in lieu of interest on money advanced, 758
mortgage of immovable property by retailer to wholesaler  company to
secure outstanding debt on account of costs of materials purchased, with
mutual covenants and restrictions, 733
mortgage of immovable property by trustees appointed under will in
exercise of power under order of court, the tenant for life joining, in the
covenant, 696
mortgage of immovable property in favour of bank as security for balance
debt secured on deposit of title deeds in respect of whole of deceased?s
estate?part of property being released by bank now,  699
mortgage of immovable property of owner of hotel-cum-bar in favour of
brewery company to secure loan and upon condition that all purchases
shall be made by borrower from lender, 703
mortgage of immovable property to secure mortgagor?s own liabilities as
principal or surety to bank, 721
mortgage of insolvent?s property by receiver appointed by court in adjudi-
cation proceeding with statutory powers annexed,  769
mortgage of interest in a share of personal estate under a will, father of
mortgagor joining as surety to pay interest by way of additional security,
766
mortgage of interest under intestacy of deceased Hindu by his legal heirs,
773
mortgage of leasehold building used as hotel and lodging house, with
fixtures, goodwill and licence to a company to secure loan and price of
goods supplied or to be supplied, with proviso for redemption, 727
mortgage of leasehold business premises together with goodwill, fixtures
and book debts of business reserving priority for existing charge, 762
mortgage of leasehold interest in part of lands comprised In a building
agreement, lessor, joining to confirm and release his right of forfeiture,
735
mor tgage of leasehold lands and buildings under construction
thereon by builder to secure building loan, 700
mortgage of legacy to secure repayment of advance, 768
mortgage of mortgage debt and freehold security, 764
mortgage of policy of assurance effected on Iife of mortgagor with variations
where several policies are mortgaged, 756
mortgage of properties, assets and goodwill of a business in favour of bank
to secure overdrafts on current accounts, 746
MORTGAGE?Contd.
forms of?contd.1190 CONVEYANCING, DRAFTING & DEEDS
mortgage of reversionary interest in immovable properties subject to
settlements, trustees of settlement are joining as guarantors for repay-
ment of debt and interest, 718
mortgage of share in partnership business,  741
mortgage of share in partnership business where other partner concurs,
740
mortgage of share of a company to secure advance, 743
mortgage of ship by a steamship company in favour of bank as security
against overdrawn bank account, 738
mortgage of specified book debts and securities by partners of a partner-
ship business with covenant, for opening of joint account with lender
wherein all amounts when received to be deposited, 744
mortgage of testator?s property by beneficiaries under a will to discharge
testator?s liability, 771
mortgage of undivided property by co-owners, 722
mortgage with right of possession and power to lease mortgage freehold
property and realise rents, issues and profits in lieu of interest on loan
secured thereby, by mortgagee, mortgagor granted irrevocable power of
attorney in favour of mortgagee, 665
producers of tele-film and financiers, between, for advance of money for
completion of production of tele-film, rights of exploitation, distribution
and copyrights of tele-film being assigned to financiers, 655
reconveyance of freeholds?variations where there has been transfer of
mortgage or further charge or release if partial, 853
reconveyance of freeholds where there have been several further charges
and transfers, 857
redemption of part of mortgaged property upon payment of part of debt,
684, 850
second mortgage of immovable property In favour of guarantor who has
executed guarantee in favour of bank to secure advance made to
borrower by bank, 843
second mortgage of immovable property in favour of surety to indemnify
him against his liability under promissory note, 846
sub-mortgage by way of collateral security to. accompany absolute trans-
fers of several mortgages, 836
sub-mortgage of mortgaged property by mortgagee with necessary cov-
enants and conditions and right of redemption by original mortgagor, 668
substitution of security of immovable property in a mortgage, 802
supplemental deed of mortgage offering additional security for default of
non-payment of principal amount of loan on appointed date by mortgage,
671
supplemental deed of mortgage offering additional security on account of
deterioration in value of original security offered, all the terms, conditions
and covenants of original mortgage to be applicable, 673
MORTGAGE?Contd.
forms of?contd.INDEX 1191
supplemental deed of mortgage substituting securities originally offered by
new securities for repayment of balance of loan amount with interest
under same terms and conditions as of original mortgage, 670
supplemental memorandum of deposit of title deeds for additional docu-
ments deposited, 692
surrender of part of mortgaged property after partial reduction of loan, 856
surrender on discharge of mortgage of leaseholds by sub-demise, 862
transfer of existing mortgage of immovable property by bank upon payment
of mortgage-money by transferee, mortgagor joining in the deed, 834
transfer of mortgage by mortgagee upon receipt of mortgage amount with
interest, 841
transfer of mortgage by sub-mortgagee In favour of third party where sub-
mortgagor is not party, 839
transfer of mortgage of immovable property and further charge where no
additional property is added to security , 811
transfer of mortgage of immovable property without the concurrence of the
mortgagor?provision where there has a further charge, or where the
transferors have incurred further statutory expenses on the mortgaged
property on behalf of the mortgagor, 815
transfer of mortgage of leaseholds by sub-demise, 817
transfer of mortgage where mortgagor is not joining, 818
transfer-
of right, title and interest of deceased mortgagee by executor/
administrator in consideration of receipt of mortgage money with interest,
821
transfer of several existing mortgages to transferee who discharges
mortgage debts and creation of further mortgage with additional security
by borrower against further advance, 832
includes future debt, whether, 620
interest in
immovable property, of, 620
land, if creates, 621
kinds of, 621
lease-hold rights in immovable property , of, 620
lien as distinguished from, 927
meaning of, 620
moveables, or, 956 ? see also HYPOTHECATION
onus to prove passing of consideration, 648
personal covenant to pay, suit on, 646
pledge, and, distinction between, 927
property leased back to mortgagor, 628
proprietary rights, of, 620
puisne,639?see also PUISNE MORTGAGE
MORTGAGE?Contd.
forms of?contd.1192 CONVEYANCING, DRAFTING & DEEDS
redemption of
permissible before mortgage money becomes due, if, 643
redemption suit before expiry of terms of, 648
secure, to, uncertain amount when maximum is expressed, 648
simple
characteristics of, 621
charge if, 869
English
mortgage and, distinction between, 631
registration of, when necessary, 621
stamp duty for, 651
sub, 639 ? see also SUB-MORTGAGE
transfer of interest in immovable property , when constitutes, 620
Transfer of Property Act, s 58(a), as defined in, 620
usufructuary
characteristics of, 625
comes to end, when, 626
lease and, distinction between, 627
meaning of, 625
ordinary mortgage and, distinction between, 626
personal liability of mortgagor if excluded in pure, 626
registration of, when necessary, 625
zuripeshgee lease and, distinction between, 627
MORTGAGE BY CONDITIONAL SALE ? see also MORTGAGE
characteristics of,  621-622
English mortgage and, distinction between, 631
forms of ? see MORTGAGE
instances of, 623
meaning of, 621-622
registration of, when necessary, 622
sale or, tests of, 623
tests of, 623
sale or, 623
MORTGAGE BY DEPOSIT OF TITLE DEEDS ? see also MORTGAGE
debt under, 632
documents which can be deposited as title under, 632
equitable mortgage and, distinction between, 635
essentials of, 632
forms of?see MORTGAGE
meaning of, 632
registration of, if necessary, 649
title deeds
deposit of, under, 632
intention to create security, with, 633-634
specified towns, in, 634-635
MORTGAGE?Contd.INDEX 1193
MORTGAGEE?see also MORTGAGE
liability of, 644
deed executed and registered but mortgage money when not paid, 647
effect of, 647
rights of, 644
foreclosure, as to, 645
sale, as to, 645
MORTGAGOR?see also MORTGAGE
liability of, 640
mortgage property leased back to, 628
mortgagee and, retionship between, how long continues, 647
rights of, 640
redeem, to, 641
MOTHER
settlement deed by, appointing herself as sole trustee for benefit of her only
daughter reserving power of revocation, (form), 401
MOVEABLE PROPERTY
mortgage of, 956?see also HYPOTHECATION
trust of, 157
MUTAWALLI(S)
board?s power over wakf property and functions of, (form), 536
wakf, of
trustee, if, 140
MUTUAL WILL(S)
agreement to make, (form), 1065
NEW TRUSTEE(S)
appointment of, 142
deceased trustees, in place of, by co-option by sole surviving trustee,
(form), 233
deed of, (form), 231
sole surviving trustee upon death of remaining trustees ? in terms of
original trust deed, by, (form), 237
OSTENSIBLE SALE
meaning of, 622
OTTI MORTGAGE
Malabar, of, 638
OWNERSHIP
transfer of
vis-a-vis exchange, 5621194 CONVEYANCING, DRAFTING & DEEDS
PARTITION
exchange and, distinction between, 562
settlement or, 377
PARTNERSHIP
joint venture and,  distinction between, 4
PAWNEE?see also  PLEDGE
meaning of, 925
PAWNOR?see also PLEDGE
meaning of, 925
PERSON
single
simple will for, 1059
PERSONAL COVENANT
suit on, 646
PLEDGE?see also PAWNEE, PAWNOR
buyer in possession, by, of goods before purchase, 926
characteristics of, 925
co-owner in possession, by, 926
forms of
agreement for pledge for extension of credit facilities, 939
agreement for pledge of articles to secure repayment of loan with power
of sale in default of payment and other usual covenants for liability for loss
etc. of pledged goods, 930
agreement for pledge offering securities and other properties of borrower
to secure repayment of loan against promissory note, 947
agreement for pledge with authority to sell if pledge is not redeemed within
agreed period, 929
agreement to pledge moveable properties to secure advance, 932
pledge  of goods against bills of lading to secure advances received from
bank, 938
shares of stock, of, 953
hypothecation and, distinction between, 955
hypothecation whether specie of, 955
lien as distinguished from, 927
meaning of, 925
mercantile agent, by, 926
mortgage and, distinction between, 927
person having limited interest only, by, 927
person in possession, by, under voidable contract, 927
registration of, 928
seller in possession, by, of goods after sale, 926
stamp duty on, 928INDEX 1195
?PLEDGED ASSETS?
meaning of, 928
PRINCIPAL TRUSTEE
appointment as
suit for, 143
PRIVATE FAMILY TRUST(S)
settlement deed creating, (form), 392
PRIVATE RELIGIOUS ENDOWMENT
liability for mismanagement of, by one of trust, 141
PRIVATE TRUST
public trust and, 147
PRIVILEDGED WILL
what is, 985
PROPERTY(IES)
acquired with notice of existing contract, 144
exchange of
between two persons by separate deeds, (form), 569
between two persons by single deed, (form), 568
freehold?see FREEHOLD PROPERTY
immovable?see IMMOVABLE PROPERTY
movable?see MOVEABLE PROPERTY
mortgage, leased back to mortgagor, 628
PUBLIC EDUCATIONAL TRUST
powers and duties of trustee of, reserving life interest in donor, (form), 226
PUBLIC TRUST
private trust and, 147
PUISNE MORTGAGE?see also MORTGAGE
meaning of, 639
RECONVEYANCE
deed of
release of mortgaged property by L.I.C., and, (form), 851
freeholds, of
where there have been several further charges and transfers, (form), 857
trustee, by
where all debts have been paid, (form), 228
REDEMPTION?see also MORTGAGE
clog on, 644
doctrine of, 6441196 CONVEYANCING, DRAFTING & DEEDS
mortgagor?s right as to, 641
portion of mortgaged property, of, 642
REGISTRATION
charge on immovable property, document creating, of, 871
charge under Companies Act, of, 872
hypothecation, document of, of, 956
mortgage, on, 649
conditional sale, for, when necessary, 621-622
deposit of title deeds, if necessary for, 649
pledge, of, 928
simple mortgage, of, when necessary, 621
usufructuary mortgage, of, when necessary, 625
will, of, 1013
REVOCABLE TRUST
declaration of, (form), 201, 202
married couple, of, that splits into survivor and decedent trusts on first death
of either of settlors, (form), 206
REVOCATION OF WILL?see WILL
forms of?see   WILL
SALE
classes of mortgages, applicability to, right of, 645
exchange and, distinction between, 562
mortgage by conditional?see also MORTGAGE, MORTGAGE BY CONDITIONAL SALE
forms of?see  MORTGAGE
sale or, tests of, 623
mortgagor?s rights as to, 645
ostensible, meaning of, 622
trust property, of
agreement for, executed by secretary of trust, 142
validity of, 142
rule against, 646
SAN MORTGAGE
Gujarat, of, 638
SCHOLARSHIP
establishment of endowment fund for grant of, (form), 493
SETTLEE
conditional settlement if confers title to, 377
SETTLEMENT
appointment of new trustee in place of deceased trustee of settlement by
beneficiary, (form), 473
REDEMPTION?Contd.INDEX 1197
appointment of new trustee of settlement in place of retiring trustee, (form), 472
clause in deed of
providing mode of devolution of beneficial interests in the event of prior
death of named beneficiaries, (form), 413
wife and daughter and after her death to daughter?s children, in favour of,
(form), 412
wife and son of settlor and after son?s death to children of son, in favour
of, (form), 413
conditional, if confers title to settlee, 377
conveyance and, distinction between, 375
deed of
benefit of named beneficiary during her life and after her death remainder
of trust property to vest in her male descendants or other descendants,
(form), 393
creating private family trusts and also debutter trusts, (form), 392
forming private specific accumulation trust for benefit of settlor?s minor
children with powers given to trustees to invest trust fund in any business
acquire any moveable or immovable property for trust out of trust fund
and also to sell or otherwise deal with trust property at their sole discretion
in order to achieve objects of trust, (form), 246
establishing private specific trust in respect of immovable property in favour
of settlor?s married daughter and major son with power and direction given
to trustees to hold property in trust for specified period and thereafter
transfer the same in favour of said beneficiaries and in event of death of
both beneficiaries prior to the date, to settlor, with further power and
discretion to sell or deal with trust property during said period according
to sole discretion of trustees, (form), 249
interpretation of, 372
mother, by, appointing herself as sole trustee for benefit of her only daughter
reserving power of revocation, (form), 401
settlor where appoints himself as sole trustee for life and after his death
his sons as successive trustees, (form), 406
vis-a-vis intention of settlor, 376
dependent family members of settlor, for benefit of, (form), 422
disclaimer of trusts, (form), 299
gift and, distinction between, 374
husband and wife as settlors?income to settlors for their lives with remainder
to descendants, (form), 377
immovable property, declaration of trust of, for
benefit of nephew and his sons and daughters in succession, (form), 469
improvident son of settlor with powers given to the trustee to postpone
vesting in the beneficiary in the event of no change or improvement in
the personal habits of the beneficiary, (form), 458
immovable property, settlement of, in favour of niece and the residue in favour
brothers of settlor, (form), 422
SETTLEMENT?Contd.1198 CONVEYANCING, DRAFTING & DEEDS
jewelleries and ornaments, deed of declaration of trust for settlement of, through
private discretionary trust for the benefit of son, son?s wife and their children
and all other descendant or descendants therefrom with powers given to
trustees to invest trust fund in any business and to convert, sell, alter, vary
or otherwise to dispose of or alienate trust properties, moveable or immovable,
or any other investment representing the same, (form), 466
joint family property if can be subject-matter of, 373
life interest, settlement of, for the benefit of brothers and sister-in-law and after
their death the corpus to vest absolutely to their children, (form), 419
life interest, settlement of, in favour of wife and upon her death the property is
to vest absolutely in the trustees as joint tenants, (form), 420
meaning of, 371
partition or, 377
past oral disposition of property followed by written document recording terms
of, 373
validity of, 373
private accumulation trust for the benefit of settlor?s minor son on attaining
majority with provision for distribution of the trust fund to other beneficiaries
upon happening of specified event, (form), 443
private discretionary trust, deed of settlement through, for the benefit of family
members with powers given to trustees to invest trust fund at their absolute
discretion and to deal with trust properties, moveable or immovable, at their
sole discretion and to amalgamate part or whole of the trust properties with
those of any other trust having any or all of its objects being similar to all or
any of the objects of this trust, (form), 454
private family trust, by way of, (form), 429
private family trust, settlement of property through, for the benefit of minor
children with powers given to trustees to invest trust fund in specified business
or to deal with trust properties In specified manners including sale and also
power to amalgamation of trust with any other trust having any or all of its
objects similar to all or any of the objects of this trust, (form), 414
private family trust with power of discretion to trustees to apply trust fund for the
benefit of family of settlor, (form), 459
private specific accumulation trust, settlement forming, or benefit of settlor?s
minor children with powers given to trustees to invest trust fund in any
business, acquire any moveable or immovable property for the trust out of trust
fund and also to sell or otherwise deal with the trust property at their sole
discretion to achieve objects of the trust, (form), 440
private specific trust, deed of settlement establishing, in respect of immovable
property in favour of settlor?s married daughter and major son with the power
and direction given to trustees to hold the property in trust for specified period
and thereafter to transfer the same in favour of said beneficiaries and in the event
of death of both beneficiaries prior to that date, to the settlor?further power and
discretion is also given to trustees to sell or deal with the trust property during
the said period according to the sole discretion of trustees, (form), 450
SETTLEMENT?Contd.INDEX 1199
property of
through private family trust for benefit of minor children with powers given
to trustees to invest trust fund in specified business or to deal with trust
properties in specified manners including sale and also power of
amalgamation of trust with any other trust having any or all of its objects
similar to all or any of objects of, (form), 241
registration of deed of, 377
stamp duty for deed of, 377
sum of money to trustees for benefit of widow and children of settlor?s deceased
son?income to be applied for benefit of widow and children until youngest
child attains majority?trust find to go to children subject to payment of annual
sum of widow during widowhood?settlor reserving power to revoke and
declare new trusts for benefit of some objects, (form), 409
supplemental deed appointing new trustee by surviving trustee of a settlement
in place of deceased trustee where some of beneficiaries have received their
shares, (form), 474
trust and, distinction between, 375
trust deed for benefit of settlors? children, (form), 389
valid
requirement of, 373
what is, 374
wife and daughter, in favour of, the income from trust property with right of
enjoyment, (form), 421
wife, in favour of, (form), 420
will and, distinction between, 373
SETTLOR(S)
husband and wife as, income to settlors for their lives with remainder to
descendants, (form), 377
intention of
settlement deed vis-a-vis, 376
SHARE(S)
stock, of
pledge of, (form), 953
SHARE BROKER
customer and, relationship between, 141
SHEBAIT
will by
bequeathing his personal estate to his disciple?minor also appointed as
his successor?his wife is appointed as guardian of minor, 1133
SHEBAITSHIP
will, by virtue of, one can devise, 982
SETTLEMENT?Contd.1200 CONVEYANCING, DRAFTING & DEEDS
SIMPLE MORTGAGE?see also MORTGAGE
charge if, 869
characteristics of, 621
English mortgage and, distinction between, 631
forms of?see MORTGAGE
usufructuary mortgage and, combination of, if anomalous mortgage, 636
SIMPLE TRUST
arises, when, 137
SPECIAL TRUST
arises, when, 137
SPECIFIC CREDIT BALANCE
charge on, as security for liability of third party, (form), 889
STAMP DUTY
charge, on, 872
endowment, on, 486
exchange, on, 565
hypothecation, on, 957
joint venture agreement, on, 24
mortgage, on, 651
pledge, on, 928
settlement, on, 377
trusts, on, 162
wakf, on, 539
will, on, 1013
STATUTORY FIRST CHARGE
whether gets precedence over existing mortgages, 870
SUB-MORTGAGE?see also MORTGAGE
meaning of, 639
mortgaged property by mortgagee with necessary covenants and conditions
and right of redemption by original mortgagor, (form), 668
SUCCESSION
trusteeship, to, 143
SUIT
appointment, for, as principal trustee, 143
personal covenant, on, 646
redemption, before expiry of term of mortgage, 648
TEA CROP
deed of hypothecation of, and crop on immovable property, (form), 973INDEX 1201
TENANT
beneficiaries if can bring eviction proceeding against, 146
TESTAMENTARY CAPACITY?see also BEQUESTS, WILL
essentials of, to make will, 994
TITLE DEED(S)
deposit of, under equitable mortgage, 632
intention to create security, with, 633
may be both actual and constructive, 633
mortgage by, essentials of, 632
specified towns, in, 634
TRANSFER
ownership, of
vis-a-vis exchange, 562
right to
beneficial interest by beneficiary, 146
beneficial interest by married woman, 146
TRANSFER OF PROPERTY ACT, 1882
charge as defined in sec. 100 of, 863
mortgage as defined in sec. 58(a) of, 620
TRANSFEREE
subsequent transferee who had notice of an earlier agreement is no bona fide
transferee, 144
TRUST(S)
agreement transferring property in trust for private company to be formed,
(form), 188
aliens and foreign States?  representatives if can create, 136
appointment by way of supplemental deed of new trustee under will in place of
deceased trustee, (form), 309
appointment of new trustees by
administrators of intestate after completion of administration of estate,
(form), 316
executor in respect of pecuniary legacy of minor beneficiary in exercise of
power under the will, 315
legal representatives of sole surviving trustee, (form), 312
sole surviving trustee upon death of remaining trustees?in terms of
original trust deed, (form), 237
deceased trustee, (form), 311
appointment of new trustees in place of
deceased trustee and retiring trustee, parts of trust property have been
distributed as per provisions in the will?beneficiaries who have received
their shares joining to release trustees, (form), 302
G: CDD (Vol. 7) ? 761202 CONVEYANCING, DRAFTING & DEEDS
deceased trustee?continuing trustee and new trustee to administer trust
for a distinct share of residue each, (form), 307
deceased trustee under a will, (form), 302, 313
retiring trustee under a settlement where property was purchased in joint
names of continuing trustee and retiring trustee, (form), 299
retiring trustee under a will, (form), 306
appointment of trustees of minor beneficiary under a will by executor, (form),
309
appointment of new trustee under a settlement in place of deceased trustee and
to act jointly with the appointer, (form),  310
appointment under express power of new trustee in place of a retiring trustee
of a will, while vacancy of a deceased trustee not being filled up by continuing
trustee, (form), 300
author of, who is, 135
bank fixed deposits if in, 137
beneficiary
who is, 138
will, under a, deed of disposition between, terminating testamentary trust
receiving assent of executor/trustee, (form), 286
benefit of creditors, for, 145
by-laws for charitable society established for relief and welfare of members of
a professional body and their dependants, (form), 365
certainty of
beneficiary, 151
intention, 149
purpose, 150
subject-matter or trust property, 152
charitable
trustees of, 486
charitable trust and cy pres doctrine, 149
charitable trust subject to a perpetual obligation to keep a tomb in repair, (form),
356
clause providing protection of third parties dealing with trustee, (form), 230
creation of, necessity for certainty in, 149
cy pres doctrine where applies, 149
debuttar property or, 137
declaration of
immovable property by trustee, of, (form), 231
testamentary disposition by way of, (form), 1092
deed of
appointing corporate trustee to manage, invest and re-invest trust property
and distribute income and principal to named beneficiaries, (form), 182
benefit of settlor?s children, for, (form), 197, 389
TRUST(S)?Contd.
appointment of new trustees in place of?contd.INDEX 1203
conveying property to trustee with power of sale and pay of debts for
repayment whereof property is offered as security with condition that in
case of timely repayment of debts this instrument shall be treated as null
and void, (form), 163
declaration of trust for settlement of movable property through private
discretionary trust for benefit of family members and their descendants
with powers given to trustees to convert, sell, alter, vary or otherwise to
dispose of or alienate trust properties and to invest trust fund in any
business or any other investment representing the same, (form), 238
settlement through private discretionary trust for benefit of family members
with powers given to trustees to invest trust fund at their absolute
discretion and to deal with trust properties, movable or immovable, at their
sole discretion and to amalgamate part or whole of trust properties with
those of any other trust having any or all of its objects similar to all or any
of objects of, (form), 234
directions for use of trust property in accordance with trust?with limitation,
(form), 222
discharge of trustee of will sold and disposed of immovable properties of
testators by power under the will?appointment of new trustees by persons
nominated by testator, (form), 317
disclaimer by trustee appointed under will having renounced the probate thereof,
(form), 745
disclaimer by a trustee who has never acted upon the trusts declared by the
settlor, (form), 298
disclaimer of trusts of
settlement, (form), 299
will, (form), 299
education and medical relief to deserving persons, deed of public charitable trust
for advancement of, (form),  319
educational purposes, deed of trust (public) for establishment of fund solely for
?establishment and maintenance of schools colleges, universities, hostels,
museums, libraries, etc., to grant stipends, scholarships, studentship, etc., and
to do all other things in connection therewith, (form),  279
endowment and
unanimous concepts, if, 480
endowment fund, deed of trust establishing, for welfare of widows and children
of persons killed In colliery accident, (form), 338
endowment if, 478, 479
extinction of, 160
homes for mentally handicapped children, deed of public charitable trust for
establishment of, (form), 359
husband and wife, declaration of trust by, in respect of immovable property
purchased out of joint contribution and subsequently mortgaged, (form), 257
TRUST(S)?Contd.
deed of?contd.1204 CONVEYANCING, DRAFTING & DEEDS
immovable property, of
created how, 156
joint tenants, by, for serving joint tenancy, (form),  273
non-testamentary instrument, by, 156
will, by, 157
immovable property purchased, declaration of trust of, in the name of person
acting as trustee for purchaser who is giving indemnity to trustee, (form),  274
implied, 142
invalid, when, 146
irrevocable
agreement if can be revoked, (form), 221
deed of, for benefit of children of donor, (form), 191
minor, in favour of, appointing nationalised bank as trustee, (form), 216
joint founder of, 142
land trust with transferable certificates of beneficial interest, (form), 168
lawful purpose of, 154
leasehold business premises, declaration of trust of, by former partner, also
tenant thereof, on sale