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CS Professional · Drafting, Pleadings and Appearances · Drafting of Agreements, Deeds and Documents

A deed of sale drafted for Rohit Sharma and Anand Pillai describes the flat in a detailed table with survey number, area and boundaries, placed after the signatures of the parties. The body of the deed says 'the property more particularly described in the Schedule hereunder'. Which statement about this drafting is correct?

The drafting is correct. Detailed particulars of property such as survey number, area and boundaries are conventionally put in a Schedule at the end of the deed, and the operative part refers to it with words like 'more particularly described in the Schedule'.

  1. AThe property description should appear in the preamble before the parties' names
  2. BThe detailed description is correctly placed in a Schedule, to which the operative part refersCorrect
  3. CThe property description should be placed inside the testimonium
  4. DThe Schedule is wrong because a deed cannot contain any annexure

Explanation

Lengthy details such as boundaries, area and survey numbers are conventionally placed in a Schedule at the end, and the operative part refers to it. This keeps the body readable. The testimonium only states that the parties have signed on the stated date, and it does not carry property descriptions.

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