WILL GIVING ALL PROPERTY TO ONLY SON

I, …………….. aged…………….. year, residing at………………….. do hereby revoke all my former wills and declare this to my last Will and Testament. I further declare that I am in good mental health and  in a sound condition of mind.
I hereby revoke all former wills and codicils made by me and by this my last will bequeath and devise all my movable and immovable property whatsoever and wheresoever to my son Mr. ____ absolutely
I hereby appoint my son Mr.. _________ the sole executrix of this last will of mine.
IN WITNESS WHEREOF, I have to this my last Will set my hand this…………… day of ……………….
    SIGNATURE OF TESTATOR  
Signed by the above named testator in our presence at the same time and each of us has in the presence of the testator signed his name hereunder as an attesting witness.
WITNESSES:
 1. …………………(Name and Address)
2. …………………(Name and Address)

WILL

I, …………….. aged…………….. year, residing at………………….. do hereby revoke all my former wills and declare this to my last Will and Testament. I further declare that I am in good mental health and in a sound condition of mind.
1. I appoint Sh…….and Sh……………..to be the executors and trustees of this my Will.
2. I have my wife…………[NAME]. Unmarried, major son…………[NAME]. and one married daughter…………[NAME].
3. I own the following properties, (a) House……(b) Jewelry etc. (c) Shares in Companies (d) saving and fixed deposit bank accounts with………bank………….branch  and some other movable and immovable assets.
4. I bequeath the following assets to my son (HERE write the description of properties)
5. I bequeath the following assets to my Daughter (HERE write the description of properties)
6. I bequeath to my wife all the rest of my assets, including, the balance in my savings bank account with the…………..bank……………..branch…………, cash and other movables and immovable properties.
8. I direct that any amount that may be determined as payable by me by way of debts, dues and liabilities, including direct and others taxes, charges, land revenue, costs, fees, and expenses to be paid by my son or wife.
IN WITNESS WHEREOF, I have to this my last Will set my hand this…………… day of ……………….
SIGNATURE OF TESTAROR  
Signed by the above named testator in our presence at the same time and each of us has in the presence of the testator signed hereunder as on attesting.
SIGNATURE………….
SIGNATURE………….
WITNESSES:
1. …………………(Name and Address)
2. …………………(Name and Address)

Article of Association of a company

(THE COMPANIES ACT 1956)

(COMPANY LIMITED BY SHARES)

ARTICLES OF ASSOCIATION

OF

XYZ PRIVATE LIMITED

I. PRELIMINARY

1. The Regulations contained in Table ‘A’ in the Schedule ‘I’ to the Companies Act, 1956 shall apply to the company except in as far as otherwise expressly incorporated hereinafter.

II. INTERPRETATION

2. (i) In these Regulations: -

"Company" means Born XYZ Private Limited.

"Act" means the Companies Act, 1956, and any statutory modifications thereof.

"Seal" means the Common Seal of the Company.

"Directors" means the Directors of the Company and includes persons occupying the position of the Directors by whatever names called.

Unless the context otherwise requires, words or expressions contained in these regulations shall bear the same meanings as in the Act or any statutory modifications thereof in force.

III. PRIVATE COMPANY

3. The Company is a Private Company within the meaning of Section 2(35) and 3(1)(iii) of the Companies Act, 1956 and accordingly: -

a. No invitations shall be issued to the public to subscribe for any shares in or debentures of the company;

b. The number of members of the Company (exclusive of persons who are in the employment of the Company, and person, who having been formerly in the employment of the Company, were the members of the Company while in that employment and have continued to be members after the employment ceased) shall not be more than fifty provided that for the purpose of this provision, where two or more persons jointly hold one or more shares in the Company, they shall be treated as a single member; and

c. The right to transfer the shares in the Company is restricted in the manner and to the extent hereinafter appearing.

IV. CAPITAL

4. The Authorised Share Capital of the Company shall be such amounts and be divided into such shares as may, from time to time, be provided in Clause V of the Memorandum of Association with power to increase or reduce the capital in accordance with the Company’s regulations and legislative provisions for the time being in force in that behalf with the powers to divide the share capital, whether original increased or decreased into several classes and attach thereto respectively such ordinary, preferential or special rights and conditions in such manner as may for the time bring be provided by the Regulations of the Company and allowed by law.

5. The shares shall be under the control and disposal of the Directors who may allot or otherwise dispose of the same to such persons on such terms as the Directors think fit and to give any persons any shares whether at par or at premium and for such consideration as the Directors may think fit.

6. The Directors may allot and issue shares in the capital of the Company as payment or part payment for any property, goods or machinery, sold or transferred or for services rendered to the Company.

V. LIEN

7. The Company shall have a first and paramount lien upon all shares (not being a fully paid up shares) registered in the name of such member (whether solely or jointly with others) and upon the proceeds of sale thereof for his debts, liabilities and engagements (whether presently payable or not) solely or jointly with any other person, to or with the Company, whether the period for the payment, fulfillment or discharge thereof, shall have actually a lien or not and such lien shall extend to all dividends, from time to time, declared in respect of shares, subject to section 205A of the Act. The Board of Directors may at any time declare any shares to be wholly or in part exempt from the provisions of this clause.

VI. CALLS ON SHARES AND TRANSFER AND TRANSMISSION OF SHARES

8. Any member desiring to sell any of his shares must notify in writing to the Board of Directors of the number of shares, the fair value and the name of the proposed transferee and the Board must offer to the other shareholders, the shares offered at the fair value and if the offer is accepted, the shares shall be transferred to the acceptor and if the shares or any of them not so accepted within one month from the date of notice to the Board, the members proposing transfer shall, at any time within three months afterwards, be at liberty, subject to Articles 8 and 9 thereof, to sell and transfer the shares to any person at the same or at higher price. In case of any dispute, regarding the fair value of the share it shall be decided and fixed by the Company’s Auditors whose decision shall be final.

9. No transfer of shares shall be made or registered without the previous sanction of the Directors, except when the transfer is made by any member of the Company to another member or to a member’s spouse or child or children or his/her heirs and the Directors may decline to give such sanction without assigning any reasons, subject to Section III of the Act.

10. The Directors may refuse to register any transfer of shares:

where the Company has a lien on the share;

where the share is not a fully paid up share, subject to Section 111 of the Companies Act, 1956.

VII. GENERAL MEETING

11. All general meetings other than the annual general meeting shall be called extra-ordinary general meetings.

12. (i) The Board may, whenever it thinks fit, call an extra-ordinary general meeting.

(ii) If at any time there are not within India Directors capable of acting who are sufficient in number to form a quorum, any Director or any two members of the Company may call an extra-ordinary general meeting in the same manner, as nearly as possible, as that in which such a meeting may be called by the Board.

(iii) The Board of Directors, if they think fit, may convene a General Meeting including the Annual General Meeting of the company by giving a shorter notice thereof, subject however to the provisions of Section 171, 190 of the Act.

VIII. PROCEEDINGS AT GENERAL MEETINGS

13.   (i) No business shall be transacted at any general meeting unless a quorum of members is present at the time when the meeting proceeds to business.

(ii) Two members present in person shall be a quorum.

14. The Chairman if any, of the Board, shall preside as Chairman of every general meeting of the Company.

15. If there is no such Chairman of if he is not present within fifteen minutes after the time appointed for holding the meeting or is unwilling to act as Chairman of the meeting, the Directors present shall elect one of their members to be Chairman of the meeting.

16. If at any meeting, no Director is willing to act as Chairman or if no Director is present within 15 (fifteen) minutes after the time appointed for holding the meeting, the members present shall choose one of the member to be Chairman of the meeting.

17.     (i) The Chairman may with the consent of any meeting at which a quorum is present and shall, if so directed by the meeting, adjourn the meeting, from time to time and from place to place.

(ii) No business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.

(iii) When a meeting is adjourned for thirty days or more, notice of the adjourned meeting shall be given as in the case of an original meeting.

(iv) Save as aforesaid, it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting.

18. In the case of equality of votes, whether on a show of hands or on a poll, the Chairman of the meeting at which the show of hands takes place or at which the poll is demanded, shall be entitled to a second or casting vote.

19. Any business other than that upon which a poll has been demanded may be proceeded with, pending the taking of the poll.

IX. DIRECTORS

20. The business of the Company shall be managed by the Directors who may pay all expenses incurred in registering the Company and may exercise all such powers of the Company as are not restricted by the Act or any statutory modification thereof for the time being in force or by these Article required to be exercised by the Company in general meeting subject nevertheless, to any regulations of these Articles, to the provisions of the Act and to such regulations being not inconsistent with the aforesaid regulations or provisions as may be prescribed by the Company in general meeting. Nothing shall invalidate any prior act of the Directors, which would have been valid, if that regulation had not been made.

21. The following shall be the first Directors of the Company.

Name of the first Directors of the Company.

RA

AB

22. The number of Directors shall not be less than two and more than twelve.

23. The Board of Directors will elect the Chairman of the Board.

24. The Directors need not hold any qualification shares in the Company.

25. Every Director shall receive out of the funds of the Company by way of sitting fees a sum to be decided by the Board of Directors for every Board meeting attended by him.

26. All cheques, promissory notes, drafts, hundies, bills of exchange and other negotiable instruments and all receipts for money paid to the Company shall be signed, drawn accepted endorsed or otherwise executed as the case may be by such person and in such manner as the board shall from time to time by resolution determine.

27. Subject to the provision of Section 314 of the Companies Act, 1956, the remuneration of Directors may be a fixed sum or by a percentage of the net profits or otherwise.

28. Subject to Section 297 and 299 of the Act, no Director shall be disqualified from his office from contracting with the Company nor shall any such contract entered into by or on behalf of the Company in which any Director shall be in any way interested be avoided, nor shall any Director contracting or being so interested be liable to account to the Company for any profit realized by any such contract by reason only of such Director holding that office or of the fiduciary relations thereby established but it is declared that the nature of his interest must be disclosed by him/her at the meeting of the Directors at which the contract is determined, if his interest then exists or in any other case, at the first meeting of the Directors after he/she acquires such interest.

29. The Directors may appoint any person to be an alternate Director to act for a Director (hereinafter in this Articles called the original Director) during his absence for a period not less than three months from the State in which meetings of the Directors are ordinarily held, but such alternate Director shall, vacate office if any when the original Director returns to the State in which the meetings of the Directors are ordinarily held, subject to Section 313 of the Act.

30. The Company may, from time to time, by ordinary resolution increase or reduce the number of Directors within the limits specified in Article 21.

31. The Directors shall have the power, at any time and from time to time to appoint any person as a Director in addition to the existing Directors but so that the total number of Directors shall not at any time exceed the number fixed for Directors in these regulations Any Director so appointed, shall hold office only until the next following annual general meeting but shall be eligible thereof for re-election as Director.

32. The Company, may be ordinary resolution, of which special notice has been given in accordance with the provisions of the Section 190 of the Companies Act, 1956 remove any Director including the Managing Director, if any, before the expiration of the period of his office, notwithstanding anything contained in these regulations or an any agreement between the Company and such Director, such removal shall be without prejudice to any contract of service between him and the Company.

33. If the Director appointed by the Company in general meeting, vacates office as a Director before his term of office will expire in the normal course, the resulting casual vacancy may be filled up by the Board, at a meeting of the Board, but any person so appointed shall retain his office so long only as the vacating Director would have retained the same if vacancy had not occurred, provided that the Board may not fill such a vacancy be appointing thereto any person who has been removed from the office of Director under Article 32.

34. Subject to Section 58-A and 292 of the Act, in the event of Company borrowing any money from any financial corporation or institution of Government or any Government body or a collaborator, bank, person or persons or from any other source, while any money remains due to them or any of them, the lender concerned may have and may exercise the right and power to appoint from time to time, any person or persons to be a Director or Directors of the Company and the Directors so appointed shall not be liable to retire by rotation, subject, however, to the limits prescribed by the Companies Act, 1956. Any person so appointed, may at any time be removed from the office by the appointing authority who may from the time of such removal or in case of death or resignation of person, may appoint any other or others in his place. Any such appointment or removal shall be in writing, signed by the appointer and served on the Company. Such Director need not hold any qualification shares.

35. Section 283 of the Companies Act, 1956 shall apply, regarding vacation of office by Director. A Director shall also be entitled to resign from the office of Directors from such date as he may specify while so resigning.

X. MANAGING DIRECTOR OR WHOLE TIME DIRECTOR

36. The Directors may, from time to time, subject to the provisions of Section 197-A and 314 of the Companies Act. 1956 appoint one or more of their body to the office of the Managing Director or Whole Time Director for such period and on such remuneration and other terms as they think fit and subject to the terms of any agreement entered into in any particular case, may revoke such appointment. His appointment will be automatically terminated if he ceases to be a Director.

37. A Managing or Whole Time Director may be paid such remuneration (whether by way of salary, commission or participation in profits of partly in one way and partly in other) as the Directors may determine.

38. The Directors, subject to Section 292 of the Companies Act, 1956, may entrust to and confer upon a Managing or Whole Time Director any of the powers exercisable by them, upon such terms and conditions and with such restrictions, as they may think fit and either collaterally with or to the exclusion of their own powers and may from time to time revoke, withdraw or alter or vary all or any such powers.

XI. PROCEEDINGS OF THE BOARD

39. The quorum necessary for the transaction of the business of Directors shall be two or one third of the total number of Directors whichever is higher, subject to Section 287 of the Companies Act, 1956.

40. A meeting of the Board of Directors shall be held at least once in every three calendar months and at least four such meetings shall be held in each calendar year. The Director may meet together for the discharge of the business, adjourn and otherwise regulate their meetings and proceedings they think fit.

41. Notice of every meeting of the Board of Directors of the Company shall be given in writing to every Director for the time being in India and/or abroad and at his usual address in India and/or abroad for every other Director.

42. A meeting of the Directors for the time being at which a quorum is present, shall be competent to exercise all or any of the authorities, powers and discretions by law or under the Articles and regulations for the time being vested in or exercisable by the Director.

43. The Managing Director or a Director may at any time or Secretary upon the requisition of Director, shall convene a meeting of the Directors.

44. The questions arising at any meeting of the Directors shall be decided by a majority or Votes, and in case of any equality of vote, the Chairman shall have a second or casting vote.

45. The Directors may elect a Chairman of their meeting and determine a period for which he is to hold office. If at any meeting the Chairman is not present within fifteen minutes of the time appointed for holding the same or is unwilling to preside, the Director present may choose one of their numbers to be the Chairman of such a meeting.

46. Subject to the provisions of Section 292 of the Act, the Directors may delegate any of their powers, other than the power to borrow and to make calls, to issue debentures and any other powers which by reason of the provision of the said Act cannot be delegated to Committees consisting of such member of members of their body as they may think fit, and they may from time to time revoke and discharge any such Committee either wholly or in part and either as to person or persons. Every Committee so formed, in exercise of powers so delegated, shall conform to any regulations that may from time to time be imposed on it by the Directors and all acts done by any such Committee in conformity with such regulations and in fulfillment of the purpose of their appointment but not otherwise shall have the like force and effect as if done by the Board.

47. A resolution not being a resolution required by the said Act or by these Articles to be passed at a meeting of the Directors, may be passed without the meeting of the Directors or a Committee of Directors provided that the resolution has been circulated in draft together with necessary papers, if any, to all the Directors or to all the members of the Committee then in India (not less than the quorum fixed for a meeting of the Board) or abroad at their usual addresses in India or abroad, and has been approved by such of the Directors as then in India or abroad or by a majority of such of them as are entitled to vote on the resolution.

48. All acts done by a person shall be valid, notwithstanding that it may be afterwards discovered that his appointment was invalid by reason of any defect or disqualification or had terminated by virtue of any provisions contained in the said Act or in these Articles, appointment has been shown to the Company to be invalid or to have terminated.

XII. POWERS OF THE DIRECTORS

49. Subject to Section 292 of the Act, the Director shall have the right to delegate any of their powers to such managers, agents or other persons as they deem fit and may at their own discretion revoke such powers.

50. The Directors shall have powers for the engagement and dismissal of managers, engineers, clerks and assistants and shall have power of general direction, management and superintendent of the business of the Company with full power to do all such acts, matters and things deemed necessary, proper or expedient for carrying on the business of the Company, and to make and sign all such contracts and to draw and accept on behalf of the Company all such bills of exchange, cheques, drafts and other Government papers and instruments that shall be necessary, proper or expedient, for the authority and direction of the Company except only such of them as by the Act or by these presents are expressly directed to be exercised by shareholders in the general meeting.

XIII. INSPECTION OF ACCOUNTS

51.     (i) The Board shall cause proper books of accounts to be maintained under Section 209 of the Act.

(ii) The Board shall also, from time to time, determine whether and to what extent and at what times and places and under what conditions or regulations accounts books of the Company or any of them, shall be open to the inspection of members not being Directors.

(iii) No member (not being a Director) shall have any right of inspecting any account book or document of the Company except as conferred by law or authorized by the Board or by the Company in general meetings.

XIV. SECRECY

52. Subject to the provisions of the Act, every manager, auditor, trustee, member of a committee, officer, servant, agent, accountant or other person employed in the business of the Company shall, if so required by the Board of Directors, before entering upon his duties, sign a declaration pledging himself to observe strict secrecy respecting all transactions of the Company with its customers and the state of accounts with individuals and in matters relating thereto and shall by such declaration pledge himself not to reveal any of the matters which may come to his knowledge in the discharge of his duties except when required to do so by the Directors or by any general meeting or by a law of country and except when required to do so by the Directors or by any general meeting or by the laws of country and except so far as may be necessary in order to comply with any of the Companies Act, 1956.

XV. BORROWING POWERS

53. Subject to the provisions of Section 58 A and 292 of the Companies Act, 1956, the Directors shall have the power, from time to time and at their discretion, to borrow, raise or secure the payment of any sum of money for the purpose of the Company in such manner and upon such terms and conditions in all respects as they think fit and in particular by the issue of debentures or bonds of the Company or by mortgage or charge upon all or any of the properties of the Company both present and future including its uncalled capital for the time being.

XVI. OPERATION OF BANK ACCOUNTS

54. The Directors shall have the power to open Bank Accounts, to sign cheques on behalf of the Company and to operate all Banking Accounts of the Company and to receive payments, make endorsements, draw, and accept negotiable instruments, hundies and bills or may authorize any other person or persons to exercise such powers.

XVII. INDEMNITY

55. Subject to the provisions of Section 201 of the Companies Act, 1956, the Chairman, Directors, Auditors, Managing Directors and other officers for the time being of the Company and any trustees for the time being acting in relation to any of the affairs of the Company and their heirs, executor, administrator shall be indemnified out of the assets and funds of the Company from or against all suits, proceedings, costs, charges, losses, damages and expends which they or any of them shall or may incur or sustain by reason of any act done or committed in or about the execution of their duties in their respective offices except those done through their willful neglect or default. Any such officer or trustee shall not be answerable for acts, omissions, neglects or defaults of any other officer or trustee.

XVIII. WINDING UP

56. (i) If the Company shall be wound-up, the liquidator may, with the sanction of a special resolution of the Company and any other sanction required by the Act, divide amongst the members in specie or in kind, the whole or any part of the assets of the Company, whether they shall consist of property of the same kind or not.

(ii) For the purpose aforesaid, the liquidator may set such value as he deems fair upon any property to be divided as aforesaid and may determine how such division shall be carried out as between the members or different classes of members.

(iii) The liquidator may, with the like sanction, vest the whole or any party of such assets in trustees upon such trusts for the benefit of the contributories as the liquidator shall think fit but so that no member shall be compelled to accept any shares or other securities whereon there is any liability.

XIX. THE SEAL

57.       (i) The Board of Directors shall provide a common seal for the purpose of the Company and shall provide for the safe custody of the same.

(ii) The seal shall not be affixed to any instrument except by the authority of resolution of the Board or of a Committee of the Board authorised by it in that behalf and except in the presence of at least one director and that one director shall sign every instrument to who the seal of the Company is so affixed in his presence. The share certificate will, however, be signed and sealed in accordance with Rule 6 of the Companies (Issue of Share Certificates ) Rules, 1960.

XX. BALANCE SHEET AND PROFIT AND LOSS ACCOUNT.

58. The Directors shall lay before each Annual General Meeting, the profit and loss account for the financial year of the Company and balance sheet made up to the end of the financial year only and audited by a qualified auditor under the provisions of the Act.

XXI. AUDIT

59. The first Auditors of the Company shall be appointed by the Board of Directors within one month after its incorporation who shall hold office till the conclusion of first annual general meeting.

60. At each Annual General Meeting of the company, the company shall appoint auditors to hold office from the conclusion of the Annual General Meeting to the next Annual General Meeting.

61. The directors may fill up any casual vacancy in the office of the Auditors.

62. The Company in the Annual General Meeting shall fix the remuneration of the Auditors except that remuneration of the first or any Auditors appointed by the Directors may be fixed by the Directors.

Name, description occupation and addresses of each subscribers
Signatures of subscribers
Name, address description, occupation and signature of witness or witnesses.















PLACE: New Delhi
DATED:…………..

DEED OF RETIREMENT FROM PARTNERSHIP

THIS DEED OF RETIREMENT made at New Delhi this __ day of __ 200 _
BETWEEN
1. ____________________________age  years, occupation - _____,
2. ____________________________age  years, occupation - ___, both residents of  hereinafter called the PARTY NUMBER ONE, (which express shall, unless repugnant to the context, mean and include their heirs, executors, administrators and assigns) of the One Part
AND
1.        ____________________________age  __years, occupation - _____,
2.        ____________________________age  ___years, occupation - ____, both
residents of
3.                    M/s _______, a company registered under the Indian Partnership Act 1932, having its office at  hereinafter called    the PARTY NUMBER TWO,  (which express shall, unless repugnant to the context, mean and include their heirs, executors, administrators and assigns) of the Other Part.

WHEREAS originally, the No. 1 of the party No. 1 amd the No. 1 of the party   No. 2 along with Shri  had entered into a partnership;
AND WHEREAS, accordingly, the No. 3 of the party No. 2 was registered as a partnership firm, and since then, the said firm had been working and operating in the city of Delhi  as builders and contractors;
AND WHEREAS in the said firm, on ________, two more partners were added, that is to say, the No. 2 of the party No. 1 and the No. 2 of the party No. 2;
AND WHEREAS the said Shri  had retired from the said firm, on____;
AND WHEREAS since then, the present parties had been operating as the partners of the said firm, the Nos. 1 and 2 of the party No. 1 having 60 per cent interest, and the Nos. 1 and 2 of the party No. 2 having 40 per cent interest;
AND WHEREAS the said firm has successfully undertaken and completed a number of projects and earned considerable amounts of profits;
AND WHEREAS by way of investment, the said firm had invested its money in a number of properties;
AND WHEREAS of late, differences between the partners having cropped up, they had about six months back agreed in principle to plan the business of the firm in such a way that one of the branches retires from the firm;
AND WHEREAS, accordingly, to minimise the undertakings of the firm, the parties had also entered into agreements, assigning rights over certain properties as described herein below;
AND WHEREAS the parties found that by mere assignments, the problems cannot be solved, as some of the undertakings will have to be continued for a considerable time to come;
AND WHEREAS, therefore, the parties mutually decided that the party No. 1 shall retire from the said firm, and the party No. 2 shall continue to operate the said firm;
NOW, THIS DEED WITNESSES, and it is hereby mutually agreed by and between the parties as follows :
1. That the party No. 1, that is to say, Shri and Shri do hereby retire from and go out of the partnership firm, viz. M/s Gemini & Company, i.e. the No. 3 of the party No. 2, and as on today, the total firm consists of the Nos. 1 and 2 of the party No. 2, namely Shri and Shri
2. That earlier, by an agreement, dated___, the Nos. 1 and 2 of the party No. 2 had agreed to take assignment of the rights over the properties bearing Survey Nos.______,____and____, on the payment of Rs._____to the party No. 1. Thereafter, on______, the parties had again entered into an agreement of assignment in respect of the property bearing Survey No. 45 of Erandwana, Pune City, excluding the sanctioned and pending scheme on the payment of Rs.___unto the party No. 1 and also by an agreement, dated__, a similar assignment of Survey No. ___, of  was effected in favour of the party No. 2 on the payment of Rs.____. To the party No. 1.
3. That, however, now, since the party No.   1 is retiring, all these assignments have become redundant, and so as to make comprehensive provision, it is hereby agreed in supersession of the said agreements that the party No. 1 and 2 of the party No. 2 shall pay to the party No. 1 a total sum of Rs.__by way of refund of capital, share of goodwill, share of profits, assets and appreciation and all and whatsoever claims that the party No. 1 does have in and against the party No. 3 of the party No. 2 or the Nos. 1 and 2 of the party No. 2.   Of these amounts, the party No. 1 so far received a sum of Rs. _____on different counts under different agreements, and, now, a sum of Rs. _______/- has yet to be paid by the party No. 2 to the party No. 1, and the said payment is to be made as under:
(A) Rs. _________/- at the time of the execution of these presents; and
(B) Rs. _________/- on or before __ day of______, and thereafter,
(C) Rs.  _________/- per month upto the end of_____, i.e. for a
period of ___ months.
4. That from this date, the party No. 1 ceases to be the partners in the said firm,  and they shall neither be liable for any transaction, dealings or liabilities of the said firm, nor shall they have any right to claim or recover any amounts of the said firm.
5. That all the assets, debts, book-debts, materials, furnitures and fixtures of the firm shall continue to be the properties of the party No. 2 wherein the party No. 1 shall henceforth have no right, title or interest whatsoever.
6. That by way of further clarification, it is to be on record that the office bearing No. 6 in the  is the exclusive property of the No. 1 of the party No. 1. Likewise, Flat No. __ in the building at  is the exclusive property of the No.  1 of the party No. 2; the _______ car bearing No. MH-34/AD-1754 is to be the exclusive property of the No. 1 of the party No. 1, while the ______car bearing No. MH-34/AD-1754 is to be the exclusive property of the No. 2 of the party No. 2.
7. That the firm is presently having its office at in hired premises, and the said premises have been furnished at its costs. However, in view of the fact that the removal of the said furniture will cause a great loss of value, the tenancy rights over the said premises along with the furniture are given to the party No. 1.   The telephone connection bearing No. 5656234, which is in the name of the party No.  1 of the party No. 2 shall continue to be the exclusive property of the No. 1 of the party No. 2.    The Opal imported car bearing No. MH-34/AD-1754 is the property of the firm, though it was purchased and, therefore, stands in the name of the No. 1 of the party No. 1.   However, the same is the property of the firm, and hence, has been given to the party No. 2.
8. That as a result of this retirement, the rights of the firm over the properties bearing Final Plot No. Survey No. ___ of _____ and the rights over Survey No. ____of ______, including the scheme under construction as well as the balance of the vacant land have now become the exclusive rights of the Nos. 1 and 2 of the party No. 2, and they shall be at liberty to deal with the said properties as they please, and the party No. 1 shall have no claim, right, title or interest in or over the said properties.
9. That by way of abundant caution and clarification, it is further recorded that the office No. 45 in the building at  which is held by the No.  1 of the party No. 2 as a tenant, shall continue to be the exclusive property of the No. 1 of the party No. 2.
10. That the party No. 2 may admit any more partners and may deal with assets of the firm, as the Nos. 1 and 2 of the party No. 2 may deem fit.
11. That the party No. 2 shall be entitled to receive and recover all the outstandings, debts and claims of the said firm and hall also be liable to pay and discharge all the liabilities of the firm.
12. That the unfinished scheme of the firm at Survey No. __of ______ will be completed by the party No. 2 by recovering from its members the outstanding dues and by carrying out the construction in the said scheme.
13. That the party No. 1 hereby assures and undertakes to sign all the  necessary papers,  documents, consents,  deeds,  affidavits, etc., which may be required for transferring any of the properties in the name of the party No. 2 or for giving proper effect to this deed of retirement.
14. That by this deed of retirement, the original partnership-deed, dated___, is further amended, and henceforth, the only partners in the firm shall be :
 (i)        Shri having  per cent share and interest in the firm and profits, and
 (ii)       Shri having  per cent share and interest in the firm and profits.
IN WITNESS WHEREOF the parties hereto have signed here under at Nagpur the date first above mentioned.
1.      Sd/-
2.      Sd/-
PARTY NUMBER ONE
 1.     Sd/-
2.    Sd/-
PARTY NUMBER TWO
 Witnesses :    
                                                                 

DEED OF CONFIRMATION OF ASSIGNMENT

THIS DEED OF CONFIRMATION made at this ____ day of _____
BETWEEN
Shri _____________ Son of Shri _____________ Age _____ years, occupation - ____, resident of  hereinafter called the PARTY NUMBER ONE, (which express shall, unless repugnant to the context, mean and include her heirs, executors, administrators and assigns) of the First Part
AND
Shri _____________ Son of Shri_____________ age  years, occupation _____, resident of  hereinafter called the PARTY NUMBER TWO, (which express shall, unless repugnant to the context, mean and include his heirs, executors, administrators and assigns) of the Second Part
AND
The __________   a cooperative society, registered under the Cooperative Societies Act, acting through its Chairman, Shri  age ___years, occupation - ______, resident of _______  hereinafter called the P.No. 3, (which express shall, unless repugnant to the context, mean and include the said society, its present and future members, their heirs, executors, administrators and assigns) of the Third Part.
WHEREAS the property bearing Shop No. , situate on the ground floor, in the building named "Sharma Chambers", standing on the land bearing Sub-Plot No. ____ Final Plot No. _____ of  had originally been allotted and granted on ownership by the Party No. 3 unto the party No. 1 as a member;
AND WHEREAS the party No. 1 subsequently assigned all her right, title and interest in and over the said property in favour of the party No.2;
AND WHEREAS the said deed of assignment between the party No. 1 and the party No. 2 was executed on____;
AND WHEREAS since then, the party No. 2 has been holding and enjoying the said property as a member of the party No. 3;
AND WHEREAS as a member of the said society, i.e. party No. 3, the party No. 2 has during all these years been the absolute and exclusive owner of the said property;
AND WHEREAS on account of the subsequent change of membership and assignment of rights by the party No. 1 unto the party No. 2, it has become necessary to execute this deed of confirmation;
AND WHEREAS the party No. 3 has, accordingly, agreed to declare and confirm these presents;
NOW, THIS DEED WITNESSES, and it is hereby mutually agreed by and between the parties as follows :
1. That the party numbers 1 and 3 do hereby declare and confirm that, by the execution of the deed of assignment, dated___, executed by the party No. 1 unto the party No. 2, the party No. 2 since then has become the absolute and exclusive owner of the property bearing Shop No. 2, situate on the ground floor, in the building known as "Sharma Chambers", standing on the land bearing Sub-Plot No. 3, Final Plot No. 17, of  described in further details in the schedule here under, and the party No.  1 further declares and confirms that she has no right, title or interest in or over the said property.
2. That the party No. 3 does hereby further declare and confirm that all the share certificates, which were in the name of the party No. 1, have now been transferred in the name of the party No. 2, and all the requirements and formalities with respect to the full-fledged membership, ownership, possession, occupation and enjoyment by the party No. 2 have been duly fulfilled and complied with, and, now, there is no lacuna in any respect.
3. That all the terms and conditions contained in the original agreements between the parties Nos. 1 and 3 and 2 shall be construed to have been incorporated in these presents.
THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO : All that piece and parcel of shop No. 2 situate on the ground floor, in the building known as "Sharma Chambers", standing Shop No. 2, situate on the ground floor, in the building known as "Ganesh Chambers", standing on the property bearing Sub-Plot No. 3, Final Plot No. 17, of  admeasuring 350 sqft or thereabouts, and bounded by as follows :
On or towards the East         _      
On or towards the South      _      
On or towards the West        _    
On or towards the North      _      

IN WITNESS WHEREOF the parties hereto have signed here under at  the date first above mentioned.

Sd/-
PARTY NUMBER ONE

Sd/-
PARTY NUMBER TWO

Sd/-
PARTY NUMBER THREE

Witnesses :

1.       Sd/-

2.      Sd/-

Agreement with Property Dealer for a House

 (letter Form)
To:
               AA
               _________
Subject: Sale of my House
Dear Sir,
With reference to your request to put on record the oral understanding between us, arrived at on the evening of _________ in the presence of Mr. ________ I am recording the same:
1. You will introduce to me a ready and willing purchaser for my house known as ‘‘Sharma Cottage’’ situated at ________ (Address)
2. That in the event of any purchaser introduced by you buying the said property within the period of _________ months from the date hereof I shall pay you a commission of 2% on the money received by me from such sale.
3. That the house ‘‘Sharma Cottage’’ consists of the main two-storied building with electrical and sanitary fittings (but no furniture), outhouses, garage and an extensive compound, the entire property being in an area of about 5000 sq. ft. The property is freehold and the sale will be free of all encumbrances.
4. That the sale price of the said property will be Rs 20,00,000 or any lesser amount I agree to accept and all costs of transfer to be borne by the purchaser.
5. Commission will accrue to you on the date the final payment of the sale price is made. But in order to oblige you I will make payments as follows:
(i) ½ % of the earnest money will be paid to you on the date such payment is made, as refundable advance in the event of the transaction falling through;
(ii) 1½ % of the balance on final payment.
6. I shall not be entitled to employ any other agent for procuring the sale of my said house within the said period of. _________ Months.
7. After the expiry of the said period of ________ Months this authority shall stand cancelled.
DATE:_____
Yours faithfully,
Signature BB
I confirm the above
Signature AA

TENANCY AGREEMENT RE. RESIDENTIAL HOUSE

This agreement made this the 30th day of July 2003,
Between
AB, son of, WX residing …………, Calcutta after it called the landlord of the One Part
And
CD, son of YZ, residing ………… hereinafter called the tenant of the Other Part witnesseth as follows;
1. That the landlord shall lease and the tenant shall take on basis monthly tenancy all that double-storeyed building being premises No. ………….with bath, privies, garage, kitchen, store, compound, out-houses and all fixtures and fittings with electricity and water connection on terms/conditions hereunder contained.
2. That the tenant deposit with the landlord a sum of Rs. 2 lakhs as security deposit/caution money and pay a sum of Rs. 5,000 only, rent per month which will enhance in  progress by 10% every five years in advance on the 7th of every current month without any latches or default and it is hereby recorded that the tenant has this day paid to the landlord the security money and also a further sum of Rs. 5,000 as rent for the month of August 2003 which the landlord doth hereby admit, acknowledge and confirm,
3. That it is further consented, declared and agreed by and between the parties that the house will be used and occupied on the following conditions:
(a) The landlord shall keep the house in air and watertight condition, whitewash all walls once with in three years and paint all wood work once in five years.
(b) Save and except as aforesaid, the tenant shall otherwise maintain and preserve the property in good order and condition, protect the same against white ants and moth, substitute all broken fixtures and fittings by replacements of equally good quality.
(c) All taxes (both owner's and occupier's share) substituting  at presently shall be paid by the landlord, but all enhanced or additional taxes, if and when burdened and other charges, if any as leviable by municipality, shall be borne and paid by the tenant without any right of reimbursement against the landlord.
(d) That tenant shall not material alteration to the property unless expressly approved in sanctioned by the landlord and in any eventuality  such alteration, if allowed, shall be made by tenant at his own costs, expense and such terms/conditions as may be burdened by the landlord. Such additions/alterations shall in all cases be the property of landlord and tenant shall have no right to any contribution by the landlord or to any indemnification on that account.
(e) The tenant shall use the property for residential with the members of his family and shall not sublet the whole or any part thereof, not change the tenancy, keep any paying guests nor share accommodation nor carry on any business or trade nor store any combustible or inflammable goods excepting kerosene, coal, etc., in minimum quantities needed for domestic consumption.
(f) If the tenant neglects or does not pay the rent as stated before or otherwise contravenes the agreements, conditions and stipulations hereunder imposed or is adjudged an insolvent, it snail be legal for the landlord to determinate the tenancy hereunder created by proper notice and sue for recovering possession notwithstanding waiving any  condition of said contravention.
(g) The tenant had inspected the property and is fully convinced about its internal arrangement and condition and has after it voluntarily and freely consented to the terms of tenancy hereunder laid and shall not after it be aggrieved on any account whatsoever.
4. Expect as aforesaid, the rights and duties between the parties shall be ruled by the law concerning  statutory tenancy enforceable for the time being.
IN WITNESS WHEREOF, the parties have set their hands this _________ day of __________.
DATE:
PLACE:
 WITNESSESS:-
 1. AB
2. CD

AGREEMENT TO SELL SHARE IN PARTNERSHIP

THIS AGREEMENT OF SALE is made the __________.day of ____________ in the year 20 ____________, BETWEEN Shri ____________, aged about ____________ years, son of ____________ resident of ____________, (hereinafter called the Seller) of the one part AND Shri ____________, aged about ________ years, son of _________, resident of ________, (hereinafter called the Purchaser) of the other part.
WHEREAS the Seller and the Purchaser under a deed of partnership, dated ____________, were and are till date partners in the business known as _________, run on and from ____________;
AND WHEREAS the Seller was the financing partner and all machinery, tools and finances, including the premises in which the firm and factory was housed belonged to and had been provided to the partnership by the said Seller;
AND WHEREAS the Seller is desirous of retiring from the said business and the Purchaser although keen to purchase the share of the Seller has no finances immediately available to do so.
NOW, THEREFORE, THIS AGREEMENT WITNESSES as under:
1. That the Seller and the Purchaser have together valued the assets and liabilities, book debts, credits, stocks, outstandings, goodwill and the market value of the premises in which the business and factory is housed and both are agreed that the share of the Seller in the said partnership is of the value of Rs ____ as detailed below:
Seller’s share in the goodwill                                    Rs ______
Seller’s share in the remaining assets after taking
into account all liabilities                                          Rs ______
Value of the building and premises                           Rs ______
 ——————
 Total:                                                                         Rs _____
2. That by this deed the partnership existing between the Seller and the Purchaser under deed of agreement, dated ________, is hereby dissolved and no party owes to the other anything in regard to the said dissolved partnership. All book debts and credits, whether due from the partnership or by the partnership shall on and from the date hereof be paid or realisable by the Purchaser, who assumes full responsibility and acquires full rights thereto. The Seller shall not have to pay nor have the right to realise any sums of money due from or to the partnership.
3. That by virtue of this agreement the Purchaser acquires the right to purchase, free of all encumbrances, and the Seller shall be bound to sell, free of all encumbrances, his entire share in the said dissolved partnership at the agreed price of Rs _____ in the manner and within the period hereinafter agreed.
4. That in consideration of this agreement, the Purchaser has this day paid to the Seller the sum of Rs ____________, which sum the Seller hereby acknowledges as having received and the balance amounting to Rs ____________.the Purchaser shall pay in instalments of Rs ____________ every month on or before the 15th of each month till final liquidation. The entire sum to be liquidated not later than two years from date.
5. That on the date the last instalment is paid by the Purchaser to the Seller, the Seller shall at the cost of the Purchaser execute and register a sale deed for the entire property sold, including the building and premises occupied by the business and factory, more specifically described and detailed in the Schedule hereto and thereafter the Purchaser shall acquire full rights of ownership over the said property hereby agreed to be sold.
6. That during the period from date till final liquidation and sale of the property, the entire share, consisting of machinery, tools, business and factory premises and building shall be in the possession and control of the Purchaser in the capacity of a licensee of the Seller. The licence shall be revocable at the option of the Seller only in case the Purchaser refuses, neglects or is unable to pay any two instalments or the costs of the sale deed or for any other reason does not get the sale deed executed and registered by the Seller.
7. That during the said period of two years or till the sale deed is not executed the Purchaser shall be liable to pay all taxes in and upon the said building and premises and to maintain the same and the machinery and tools in good and proper condition.
8. That in the event of the Purchaser backing out of the transaction or the proposed sale failing for no default of the Seller or the Purchaser defaulting in any two instalments of the purchase price and the Seller exercising his option to revoke the licence the following consequences ensue:
(a) the right of the Purchaser to buy the property agreed to be sold terminate;
(b) the Purchaser shall surrender possession of all property that is, machinery, tools, building and premises, list whereof is given in the Schedules hereto in as good a condition as he received it on the date of this agreement, within 30 days of the revocation of the licence by the Seller and on failure the Seller may enforce his rights through Court at the cost of the Purchaser.
(c) the sum of Rs __________ received today by the Seller shall stand forfeited and shall not be refundable to the Purchaser;
(d) the amount received by the Seller in excess of the first payment (that is, in excess of the sum received today) shall, after deduction of such amounts as are payable by the Purchaser under this agreement and mentioned in para 7, above or which may be deductible on account of deterioration, loss and damage to machinery and tools and 10% on account of depreciation in building value, be refunded by the Seller to the Purchaser and in default the Purchaser may enforce payment through Court at the cost of the Seller.
9. That it is further agreed and understood that the expressions, ‘‘the Seller’’ and ‘‘the Purchaser’’ herein used, unless repugnant to the context shall include the heirs, successors and assigns of the parties.
IN WITNESS whereof the said __________., the Seller and the said __________, the Purchaser, have hereunto signed at __________ the day and the year first above-written.
Witnesses:           Sd. __________
                           Seller.
1.                        Sd. __________
2.                        Purchaser.
Schedule of immovable property agreed to be sold.
______________________________
Schedule of machinery and tools
in and upon the factory and business.
______________________________.
Sd __________
Seller.
Sd__________
Purchaser.
Note.—This document is an agreement and a deed of dissolution, Consequently it should bear stamp duty under Articles 5 and 46(P) of Schedule I-B of the Indian Stamp Act, 1899.

AGREEMENT TO LEASE HOUSE

AN AGREEMENT made this the ____________ day of ____________ 20.____________ BETWEEN AA., aged about ____________ years, son of____________ resident of ____________ (hereinafter called the ‘‘Landlord’’) of the one part AND BB., a firm registered under the Indian Partnership Act, through one of its partners, Shri ____________ son of ____________, resident of ____________ (hereinafter called the ‘‘Prospective Tenant’’) of the other part.
WHEREAS the said AA. is owner in possession of the house property (here add the description of the property) and is willing to rent the same on a lease for a definite period and BB. are desirous of taking the same on a lease.
NOW THIS DEED WITNESSES:
1. That the Landlord shall lease and the Prospective Tenant shall take on lease all that double-storeyed dwelling-house with compound, outhouses, garden, garage and all appurtenances belonging thereto, fitted with electricity and water connection and affronting the ____________ .Road bearing number ____________ on the said road in the city of ____________ and bounded as below.
(Here give the boundaries of the dwelling-house)
2. That the Prospective Tenant has offered to pay a rent of Rupees ____________ (Rs _______.) only each month in advance, which said consideration the Landlord is willing and agreeable to accept as such AND the Prospective Tenant has also this day paid to the Landlord rent for the period of ______to ______ which sum the Landlord hereby acknowledges as having received.
3. That it is further covenanted between the parties that the house will be occupied on the following conditions:
(a) All existing taxes shall be paid by the Landlord, but all increased or additional taxes, if and when levied, shall be paid by the Tenant.
(b) That the Tenant shall make no material alteration of a permanent character. All material alterations, if approved by the Landlord, shall be made by the Tenant at his expense and on such terms as may be imposed by the Landlord. All alterations, additions, etc., by whomsoever made, shall in the absence of a contract to the contrary, become the property of the Landlord and the tenant shall not be entitled to any compensation therefor.
(c) That the tenant shall carry out all necessary and annual whitewashing and repairs in a workmanlike and proper manner and shall keep the premises, outhouses, garden compound and garage in good and tenantable condition. The Landlord shall, however, make a contribution towards such repairs etc., to the extent of one month’s rent during one completed year of the tenant’s occupation.
(d) That the period of the lease to begin with shall be five years from the date the Prospective Tenant is allotted the premises by the Authority concerned.
(e) That at the end of five years the Tenant shall give up quiet and peaceful vacant possession of the entire property leased out in as good a condition as he had received it. In case no fresh lease is signed on the expiry or earlier termination of the lease the occupation of the Tenant thereafter shall be deemed to be unauthorised and he shall be liable to damages for use and occupation at the rate of Rs _______ per day for each day of his such occupation.
(f) That a breach of any one or more of the conditions of the lease entitle the Landlord to terminate the tenancy by giving the Tenant a notice to quit as provided in the Transfer of Property Act.
4. That as soon as the present occupant of the premises hereby agreed to be let vacates, the Prospective Tenant shall be entitled to enforce this contract, provided the Rent Control Authorities permit the parties to do so. That on an allotment of the premises to the Prospective Tenant, the said Prospective Tenant shall get a lease deed in terms of this contract made out, executed and registered at his cost.
5. That if the Rent Control Authorities refuse to allot the premises to the Prospective Tenant, this agreement shall stand cancelled and give rise to no contractual liabilities as between the parties AND in such case but no other the Landlord shall forthwith refund to the Prospective Tenant the sum of Rs _____ deposited by him and referred to in para 2, above.
IN WITNESS whereof the parties have hereunto set their hands and seals the day and year above-written.
Witnesses:                                                                          Sd. AA.
1.                                                                                       Landlord.
2.                                                                                       Sd. BB.
Prospective Tenant.

AGREEMENT FOR APPOINTING OF SALES AGENT

This agreement is made on this 7th day of June 1999 between AB Ltd., a company registered under the Companies Act 1956 having its registered office at 7 N.S. Road, Calcutta 700 001 (hereinafter referred to as the company which expression shall unless the context requires otherwise include its heirs) of the one part
and
Ms. CD Ltd. of 5 Bangalore Road, Bangalore, Karnataka (hereinafter referred to as the agent) of the other part.
whereas the company is doing business, manufacturing and dealing in Computers, Computer Hardwares and Computer Softwares for the last 10 years and selling its products both in domestic and export markets.
And whereas the agent was working with another company as Chief Mechanic of Computers, acquiring knowledge of repairing Hardwares and Softwares and rendering after sales service and keeping Computers in good working condition.
And whereas the agent leaving his previous company has asked the company for agency to sell the products of the company on commission basis.
And whereas the agent has declared for not working for any other company and that he wants to work as agent for selling computers with its accessories as an independent contractor.
And whereas the company and the agent had discussed and negotiated concerning sale of company's products by agent in the territories covering States of Karnataka, Kerala and Andhra Pradesh.
And whereas the parties herein have consented mutually to terms /conditions concerning  sale of company's products.
Now these presents witnesseth and the parties hereby consent as follows:
1. The company hereby appoints the agent being agent of the company in the States of Karnataka, Kerala and Andhra Pradesh for selling the company's products including Computers, Computer Hardwares and Computer Softwares for a period of three years beginning from 1st July 1999 on terms/conditions stated hereinafter.
2. The agent shall:
(a) Try his best to promote and expand the sales of company's Computers, Hardwares and Softwares (hereinafter referred to as the "products") in the State of Karnataka, Kerala and Andhra Pradesh (hereinafter called the "territories") to all potential purchasers thereof and work diligently in obtaining orders therefor;
(b) act faithfully and loyally and obey orders and instructions of the company and if in any case he does not get instruction in a particular matter to act in such a manner as the agent reasonably considers to be most advantageous to the interests of the COMPANY;
(c) Do not engage or being interested directly/indirectly as the principal, agent, partner, director or employee in production, sale/advertisement of goods of any detail or kind or akin to or competing with the products of the company without the prior express consent of the company;
(d) not taking orders for selling to any person of the products which he known by him or has reasonably to believe are intended for re-sale outside the territories without prior consent of the company;
(e) refer to the company all enquiries for products received from outside the territories as also from addresses in the territories for re-sale outside the territories;
(f) taking orders per selling goods after confirmation and acceptance by the company on usual terms/conditions;
(g) not making any representation in selling goods nor giving any warranties/concessions other than those kept in the company's conditions of sale;
(h) keeping proper books of accounts/records of all enquiries and transactions concerning to the products separate from other transactions outside the agency and submit reports for the time being to the company and permit the company's authorised officer in inspecting and taking copies of such books of accounts/records;
3. The AGENT shall conduct market-survey and properly enquire on financial stability of the intending purchasers of goods and present reports to the company. The agent shall promote and attend sale of products at all Sales Exhibitions and Trade Shows after properly intimating the company particulars thereof.
 4. The agent shall not transfer, assign or charge his rights under these presents and in all communication with commercial documents concerning the products shall describe himself as the Selling Agent for the company's products.
 5. The agent shall be defraying all expenditure as incidental to the Agency, shall not make directly or indirectly any profit or take any advantage in the selling the products and shall not leak any information concerning the company's trade secrets or know-how or marketing technique or any mode of manufacturing, selling or dealing in its products.
6. The agent covenants and agrees that the agent shall not acting as Selling Agent for other company to Computer goods akin to company's products for three years within the said territories after terminating the present agreement.
7. The company its own expense shall supply to the agent samples, patterns, catalogues, operating manuals, repairing manuals, details of parties and advertising materials as the company deems reasonably enough enabling the agent to conveniently render after-sales-service to purchasers of the products in the said territories.
8. Notwithstanding anything to the contrary contained herein the company retains to itself its right:
(a) to deviate at its absolute discretion without assigning any reason there for any order or to submit any quotation or tender on any enquiry transmitted to the company by the agent;
(b) In selling and supplying the company's products directly to customers in the said territories;
(c) To assign and transfer its rights/obligations under this covenant to any other concern having given 15 days' notice to the agent.
9. It is consented if in reasoned opinion of the company the agent is not producing sufficient sales coverage in or through the said territories, the company may exclude a part of territories or otherwise vary the extent of the territories on previous notice to the agent.
10. In consideration of services to be served by agent the company will pay to agent a commission of 10% on invoice price of products sold in the territories upto a sale of Rs. 10 lakhs and after it 5% up to the sale of Rs. 20 lakhs and 2.5% on sale exceeding  Rs. 20 lakhs. Such commission is payable on furnishing of accounts every three months.
11. The company shall reimburse every month actual expenses of travelling, advertisements, repairs to computers sold and such other expenditure which the agent might reasonably spend concerning rendering after-sales-service and promoting sales of the company's products.
12. If any customer does not pay or pay in less or returns the goods concerning which the company has paid commission to the agent, agent hereby undertakes and agrees to refund the commission received for such products.
13. In addition to any other rights herein or under the law, the company shall bear the right at any time for giving express notice to agent determining the Agreement at once. if agent contravenes any terms herein or it does any act of insolvency or agent is restricted in doing his duties hereunder for 3 months for any reason whatsoever or agent is guilty of any conduct prejudicing interests of the company or the agent purports to transfer the burden or advantage or charge the advantage of this Agreement.
14. After terminating this covenant the agent per his own expenses promptly return to the company all samples, patterns, catalogues, advertising materials, specifications and other materials, documents and papers concerning the business of the company which the agent having in his possession or in his control.
15. The waiving by company of any contravention of any of the terms of this Agreement shall not restrict the future enforcement of that term and shall not be considered a waiver of any future contravention.
16. There are no other promises, terms/conditions other than those having in these presents.
17. This Agreement shall be renewed after three years on the terms /conditions which might be mutually consented upon.
In witness whereof the parties have executed these presents on the day, month and year first above-written.
Signed,   sealed   and   delivered   by Mr. ......................... pursuant to Board Resolution of AB Ltd. dated 5th June 1999 in the presence of witness        
Signed, sealed and delivered by Mr……. on behalf of Ms. CD Ltd., the agent in the presence of witness.
DATE:
PLACE:
WITNESSESS:-
1. Ms. AB Ltd.
2. Ms. CD Ltd.

AGREEMENT BETWEEN AUTHOR AND PUBLISHER

WHEREAS ________ hereinafter called the ‘‘Author’’, has written a work entitled ________ hereinafter called the “Work” and whereas ______ Publishing Co, having its business premises at Delhi, hereinafter called the ‘‘publishers’’ are desirous of publishing the Work in book form and whereas the Author agrees to prepare and supply to the Publishers before _______ (Date) a double-spaced typescript of the work suitable for use as printer’s copy and acceptable to the Publishers in content and form, together with illustrations as may be mutually deemed desirable and in a form mutually agreed and with index, the Author does hereby grant and convey to the Publishers the right to:
Print, publish and sell the Work, for the First edition thereof and including all translations, abridgments and adaptations thereof in English and Indian languages.
The copyright, save the rights assigned herein to the Publishers, shall vest in the Author.
The Publishers, in consideration thereof, agree to publish the Work in book form at their expense, in a style as to paper, printing and binding considered suitable by the Publishers, and to use all ordinary means to market the said Work upon terms as follows:
(1) Publication, Sale and Terms of Sale.—The Publishers shall have exclusive control of the form, get-up, price, sale and terms of sale of the Work.
(2) Royalties:
(a) The Publishers agree to pay to the Author a royalty of ________ per cent of the list price on each copy of the work actually sold.
(b) The Publishers agree to render to the Author statements of copies sold semi-annually as on June 30 and December 31 each year, and to make settlements thereof within one month thereafter.
(c) No Royalty will be payable in respect of any copies given away for review or complimentary copies.
(d) If the Publishers themselves undertake the publication of translations, or abridgments, or adaptations of the Work in English or in Indian languages, this agreement will govern, as far as the context will permit, such publication by the Publishers and accounting and payment to the Author will be governed by clauses 2(a), 2(b) and 2(c) above, subject to the deduction of expenses incurred by the Publishers in having the said translations, abridgments or adaptations prepared.
(3) Author’s corrections.—Should the Author make or cause to be made any alterations in type, illustrations or plates which are not corrections of typographical or draftsman’s errors, which shall cost in excess of twenty per cent (20%) of the cost of composition independent of the cost of the said alterations, the cost of such excess alterations shall be charged to, and paid for by, the Author. The Publishers may, at their discretion, agree to debit such charges to the royalty account.
(4) Delivery of work.—If the Author fails to supply the full and final typescript along with the agreed illustrations by the date mentioned for this purpose in this agreement, the Publishers shall have the option, any time after this date, unilaterally to declare this agreement cancelled after giving the Author thirty days’ notice in writing to provide the necessary material, unless the Publishers have meanwhile agreed in writing to an extension of the period of submitting the material. In the absence of such a written notice, this agreement will continue to be fully effective and for this period the Publishers will be deemed to have agreed to an extension of the date for the delivery of the material till the date of the expiry of any notice the Publishers may subsequently serve on the Author.
(5) Correction of proofs.—The Author undertakes diligently to check and correct printers’ proofs sent to him for this purpose by the Publishers and to return them to the Publishers within 10 days of the receipt of the proofs. If the Author fails or is unable to check proofs as just stipulated, the Publishers shall be free to arrange for such checking by a person competent, in the Publishers’ judgment, to do so and the cost of this arrangement will be debited to the royalty account of the Work as the first charge.
(6) Subject-index.—The Author agrees to provide a subject-index for each edition of the book. On his inability or refusal to do so, the Publishers would be free to get the same prepared by any person deemed competent by them and the cost will be debited to the royalty account as a first charge.
(7) Author’s copies.—The Publishers agree to give to the Author on publication of each new edition of the Work. . . . . . . . .copies of that edition and to sell him such additional copies as he desires for personal use and not for resale at the terms allowed by the Publishers to booksellers, both in respect of discount and packing, postage, freight and forwarding charges.
(8) Damaged copies.—The Publishers may dispose of copies of the Work damaged in storage and/or transit or by any other means or circumstances rendered unsaleable, either by discarding them as waste or selling them as scrap below cost and, on copies so discarded or sold, no royalties will be payable.
(9) Supplement.—If and when a supplement to the Work is deemed necessary by the Publishers, the Author agrees to supply the same within reasonable time failing which the Publishers would be at liberty to get the same prepared against his cost.
(10) Warranty.—The Author warrants that the Work is original except for such excerpts from copyrighted works as may be included with the permission of the copyright owners thereof, that it contains no libellous statements, that it contains nothing unlawful, and does not infringe upon any copyright, trademark, patent, statutory right, proprietory right of others, and that he will indemnify the Publishers against any costs, expenses and damages arising from any of this warranty.
(11) Assignments.—This agreement may be assigned by either party, but only as a whole, and no part of the respective interests of either party may be assigned without the written consent of the other party. Notwithstanding any such assignments, this agreement shall be binding on the parties hereto, their heirs, successors, assigns and personal representatives.
(12) Protection of copyright.—The Publishers shall be free to take, on the Author’s behalf but at the Publishers’ expense, any action, including legal action, that the Publishers may consider necessary to protect their rights under this agreement arising out of the Author’s copyright in the Work.
(13) Disputes.—If a dispute arises between the parties to this agreement concerning matters covered by this agreement or incidental thereto, this dispute will be referred to the arbitration of two arbitrators, one each appointed by the parties hereto, and, in case the arbitrators disagree, to an umpire of their choice, and the provisions of the Indian Arbitration Act as in force at the time of the arbitration will apply.
IN WITNESS WHEREOF this agreement has been executed by the parties hereto on the dates following their signatures.
Date:
Author
————————
Publishers
————————
Witnesses: 

N.O.C. TO MOTHER TO RECEIVE DECEASED FATHER PROPERTY RENT

Affidavit of Shri (name)_________ and Kumari (Name) ______ both son and daughter of Late Shri ________ r/o _____ aged about 24 and 27 years.
We, the above named do hereby solemnly affirm and declare on oath as under:-
1. That we are legal heirs of Late Shri__________ who expired on ______.
2. That we and our mother Smt. ________ have legally inherited the entire movable and immovable properties situated at _______belonging to late Shri __________ including a building.
3. That Smt. _______ is our mother and as such we have no objection in case the rental of the premises under your occupation is paid to her as per terms of the tenancy agreement.
4. That whatever stated above are true and correct to our knowledge and nothing has been concealed.
Verified at_______ on ___________
                                                        Deponent.
Verification:-
 I, ________ w/o Late Shri _______ ,the above named deponent do hereby solemnly affirm and verify that the contents of paras 1 to 4 are true and correct to the best of my knowledge and belief. No part of it is false and nothing material has been concealed there from.
Verified at ______________on _____day of_______.
     Deponent.

N.O.C. FOR TRANSFER OF DECEASED FATHER PROPERTY

Affidavit of (Name)__________ S/o/D/o Late _______ Aged  _____years, R/o ____________
I, the above named do hereby solemnly affirm and declare on oath as under:-
1. That my father Late Shri _________ expired on ________ leaving behind myself, brother Shri _______ and mother Smt. ________as his legal heirs.
2. That my late father Shri ____________ has been running a shop under the name and style of M/s __________ at ______ under Corporation Licence No.___________.
3. That I have no objection if the said business is run by my brother Shri ________ in the existing shop and the licence is transferred in his name.
4. That whatever stated above is true and correct to my knowledge. Verified at __________on this ____________.
Deponent.
Verification:-
I, ________ S/o/D/o Late Shri _______ ,the above named deponent do hereby solemnly affirm and verify that the contents of paras 1 to 4 are true and correct to the best of my knowledge and belief. No part of it is false and nothing material has been concealed there from.
Verified at _________ on _____day of_______.
     Deponent.

AFFIDAVIT TO BE SUBMITTED WITH THE APPLICATION FOR CHANGE OF NAME IN THE CERTIFICATE.

The Registrar,
____________ University
Affidavit of Miss._________ D/o, of Mr. _______ now Mrs. ___________, wife of Mr__________, aged _____ years, resident of _______________.
I, the above named deponent, solemnly affirm and state as under:
1. That I am the applicant in the application being submitted for the change in name and as such I am fully conversant with the facts deposed to below.
2. That I pursued and passed three years Bachelors Degree in Commerce (Hons.), Course from ____________College, affiliated to your University under name Miss. ___________from the year ____ to ______under roll No.____________.
3. That my marriage was solemnized with Mr.__________, on ____________, That due to different surname of my husband, my name has changed from Miss. ________________ to Mrs. ________________
4. That I have been selected and appointed on probation as Section Officer in _________ and the appointing authority has advised me to submit the Certificate confirming change of my name.
5. That I, now addressed under my changed name as Mrs. ________ is one and the same person as Miss______ before my marriage with Mr. ______________ was solemnized.
6. That it is necessary to issue the Certificate in the changed name.
 DEPONENT
Signed at _____________ this ___ day of ____,

VERIFICATION
I, ________ the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at _______this _____day of_______
DEPONENT

AFFIDAVIT TO BE SUBMITTED WITH A WRIT PETITION

Before the Hon'ble High Court of Juridicture at _______________
Writ Petition No.____________ of __________
Mr________ aged ____years, S/o Mr. _________ resident of _______________
…..……….……….Petitioner
1. Union of India through its Secretary, Ministry of Home Affairs, Government of India, New Delhi.
2. District Magistrate, __________________
….…………. Opposite Parties
Affidavit of Mr/Ms.________ S/o/D/o, Mr._______ aged___ years, resident of _____________
I, the above named deponent, solemnly affirm and state on oath as under:
1. That I am the Petitioner in the above mentioned writ petition and am fully conversant with the facts deposed to in the Writ Petition.
2. That the contents of paragraphs ______ to _______ of the accompanying writ petition are true to my personal knowledge and the contents of paragraphs ____ to _____ are based on legal advice, which I believe to be true. No material has been concealed and no part is false.
3. That the Annexure No(s). 1 to 10 to the accompanying writ petition are true copies of the originals and I have compared the said Annexures with their respective originals and certify them to be true copies thereof.
 DEPONENT
Signed at _____________ this ___day of ____,
VERIFICATION
I, ________the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at ______this ______day of _______
DEPONENT

AFFIDAVIT TO BE FURNISHED TO THE REGISTRAR OF MARRIAGES UNDER HINDU MARRIAGE ACT, 1955.

Affidavit of Mr ________ S/o, Mr._______ aged___ years, resident of ____________.
I, the above named deponent, solemnly affirm and state as under:
1. That I am fully conversant with the facts deposed to below.
2. That my marriage with Mrs.__________(Bride) was solemnized on _________ at New Delhi.
3. That my date of birth is ____________.
4. That prior to this marriage I was unmarried/legal divorcee.
5. That I_____________ (Bridegroom) and Mrs. _____________ (Bride) are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act, 1955.
6. That I am a Citizen of the Republic of India.

DEPONENT
Signed at _____________ this ___day of ____,
VERIFICATION
I, ________the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at ______this ______day of_______
DEPONENT

AFFIDAVIT TO BE FURNISHED TO THE INCOME TAX AUTHORITIES FOR OBTAINING INCOME TAX CLEARANCE CERTIFICATE.

Affidavit of Mr/Ms._______ S/o./D/o Mr._____ aged___ years, resident of _____________.
I, the above named deponent, solemnly affirm and declare as under:
1. That I am fully conversant with the facts deposed to below.
2. That I am holder of Indian Passport bearing No. _________dated _______.
3. That I am permanent resident of _____________.
4. That my sources of income are Income from Salary, Income from business and Income from House Property.
5. That I am duly filing my income tax returns and have paid all my tax liabilities on my total income till the Assessment Year _________
6. That I have no other source of income.
DEPONENT
Signed at _____________ this ___day of ____,
VERIFICATION
I, ________the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at _______this ______day of ______
DEPONENT

.

AFFIDAVIT TO BE FURNISHED BY THE SHAREHOLDER TO THE COMPANY FOR ISSUANCE OF DUPLICATE SHARE CERTIFICATE (S)

The Board of Directors,
_________________ Limited/Private Limited,
Regd. Office:_________________
Affidavit of Mr./Ms.___________, S/o/D/o, of Mr. _____ aged about _______ years, resident of _______________.
I, the above named deponent, solemnly affirm and state as under:
1. That I am the applicant in the application being submitted for issuance of duplicate Equity share certificate(s) and as such I am fully conversant with the facts deposed to herein below.
2. That ____ Equity shares of the face value of Rs. 10/- each fully paid-up as per details given hereunder stand registered in my name in the books of ___________Limited/Private Limited (hereinafter referred to as "the Company").

Certificate No.
No. of Shares
Distinctive No(s).
------
----
-------

3. That the certificate (s) in respect of the aforesaid Equity shares has been lost from my custody and is not forthcoming.
4. That the certificate(s) in respect of the aforesaid Equity shares were not accompanied by any blank transfer deed(s) signed by me and that I have not, nor has any person by my order or on my behalf or in any other manner disposed off, parted with the said Equity share certificate(s)or assigned our interests therein or part thereof to any person.
5. That notwithstanding our diligent efforts, we have not been able to trace/locate the said share certificate(s).
6. That we have requested the Company to issue in our names, duplicate share certificate(s) in lieu of the aforesaid share certificate.
7. We solemnly verify that the facts stated above are true and nothing material has been concealed.
DEPONENT
Signed at _____________ this ___day of ____,

VERIFICATION
I, ________the above named deponent, do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at _____this _____day of ______

DEPONENT

AFFIDAVIT OF CREDITOR OF HIS DEBT DURING LIQUIDATION

IN THE (HIGH) COURT OF __________________
IN the matter of the Indian Companies Act, 1956
And
The matter of the liquidation of ________ Co. Ltd.
I, AA , aged _________ years, son of _______ , resident of _________ , do hereby on oath /on solemn affirmation state as follows:
1. That the above-named company was on the ________ day of ________ , 15 ______ , the date of the order for winding up the same, and still is justly and truly indebted to me in the sum of Rupees ________ (Rs in words ) only on account of (describe briefly the nature of the debt).
2. That in proof of the aforesaid debt I attach hereto the documents marked X, Y and Z.
3. That I have not, nor have any person or persons by my order or to my knowledge or belief for my use, received the aforesaid sum of Rupees ________ or any part thereof, or any security or satisfaction for the same or any part thereof except the sum or security (state the exact amount of security).
4. That this affidavit is true, that it conceals nothing and no part of it is false
AA
Signature
VERIFICATION
I, ________the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at ______ this _____day of ______
DEPONENT

AFFIDAVIT FOR SUBSTITUTION OF KARTA

In the Court of_______________
Civil Miscellaneous Application No__________ of 2000 _________
in
Original Suit No ________ of 2000_______
Mr K.T__________________                                     Plaintiff
Versus
1. Mr ________________________                           Defendants
2. Mr ________________________
AFFIDAVIT of Mr. _______, S/o _______ aged __________ years, resident of _____________ .
I, the above-named deponent, most solemnly affirm and state as follows:
1. That I am the son of the plaintiff and am acquainted with the facts deposed to below.
2. That the above-mentioned suit was filed by Mr. _______, the above-mentioned plaintiff, in his capacity as Karta of his Joint Hindu Family.
3. That the said Plaintiff ________Mr _______ died on __________ leaving the following surviving members of the Family:
(i) Mr ___ (Son of Plaintif)
(ii) Mr __ (Son of Plaintif)
4. That after the death of the deceased the members mentioned in paragraph 3 above, continue to constitute a Joint Hindu Family and I, being the eldest member of the Family, am now the Karta of the Family.
5. That I am ready and willing to prosecute the suit in place of the late Mr ______.
Verification
I, the above-named deponent, verify that the contents of paragraphs 1 to 5 of this affidavit are true to my personal knowledge.
Signature
Date_______
Solemnly affirmed before me on this _____day of ______, 2000 ____ at _____(time) by the deponent.
Signature
(Oath Commissioner)

AFFIDAVIT

I, _______________________________ age  years, occupation - service, resident of  do hereby declare and state on solemn affirmation as follows :
1. That I do not own any residential house or house site or plot in my name or in the name of any member of my family.
2. That neither I am nor any other member of my family is a member of any cooperative housing society.
3. That I am making this affidavit as I have purchased a residential flat in the Aum Cooperative Housing Society Limited, at Plot No.
4. That I am also making this affidavit in order to confirm these facts to be submitted to the registering authority of the societies.

DEPONENT

VERIFICATION

I, ________the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at _______this ______day of ______

DEPONENT

Date:
Place:

AFFIDAVIT TO BE FURNISHED BY THE SHAREHOLDER TO THE COMPANY FOR ISSUANCE OF DUPLICATE SHARE CERTIFICATE (S).

The Board of Directors,
_________________ Limited/Private Limited,
Regd. Office:_________________
Affidavit of Mr./Ms.___________, S/o/D/o, of Mr. _____ aged about _______ years, resident of _______________.
I, the above named deponent, solemnly affirm and state as under:
1. That I am the applicant in the application being submitted for issuance of duplicate Equity share certificate(s) and as such I am fully conversant with the facts deposed to herein below.
2. That ____ Equity shares of the face value of Rs. 10/- each fully paid-up as per details given hereunder stand registered in my name in the books of ___________Limited/Private Limited (hereinafter referred to as "the Company").

Certificate No.
No. of Shares
Distinctive No(s).
------
----
-------

3. That the certificate (s) in respect of the aforesaid Equity shares has been lost from my custody and is not forthcoming.
4. That the certificate(s) in respect of the aforesaid Equity shares were not accompanied by any blank transfer deed(s) signed by me and that I have not, nor has any person by my order or on my behalf or in any other manner disposed off, parted with the said Equity share certificate(s)or assigned our interests therein or part thereof to any person.
5. That notwithstanding our diligent efforts, we have not been able to trace/locate the said share certificate(s).
6. That we have requested the Company to issue in our names, duplicate share certificate(s) in lieu of the aforesaid share certificate.
7. We solemnly verify that the facts stated above are true and nothing material has been concealed.
DEPONENT
Signed at _____________ this ___day of ____,

VERIFICATION
I, ________the above named deponent, do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at _____this _____day of ______

DEPONENT

AFFIDAVIT FOR PLOT

AFFIDAVIT

I, _______________________________ age  years, occupation - service, resident of  do hereby declare and state on solemn affirmation as follows :
1. That I do not own any residential house or house site or plot in my name or in the name of any member of my family.
2. That neither I am nor any other member of my family is a member of any cooperative housing society.
3. That I am making this affidavit as I have purchased a residential flat in the Aum Cooperative Housing Society Limited, at Plot No.
4. That I am also making this affidavit in order to confirm these facts to be submitted to the registering authority of the societies.

DEPONENT

VERIFICATION

I, ________the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at _______this ______day of ______

DEPONENT

Date:
Place: