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CS Professional · Drafting, Pleadings and Appearances · Types of Documents

A deed of assignment executed by Mahesh Corporation says: 'The assignor assigns all rights in the Pune premises.' A later clause says: 'This assignment excludes the parking rights in the Pune premises.' The first clause is general and the later one is specific. Applying the harmonious construction approach, how should the deed be read?

Parking rights are not assigned. The deed must be read as a whole, giving effect to every clause where possible. The specific exclusion only narrows the general grant and is not repugnant to it, so both clauses stand together.

  1. AThe first clause prevails and the parking exclusion is ignored
  2. BThe deed is read as a whole, so the specific exclusion qualifies the general grant and parking rights are not assignedCorrect
  3. CThe later clause is void because it repugnantly destroys the grant
  4. DBoth clauses are ignored and the court drafts a new term

Explanation

A document is read as a whole to give effect to every clause. A specific exclusion does not destroy the grant; it merely limits its scope, so it is not repugnant. Ignoring either clause would defeat the parties' evident intention.

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