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CS Professional · Drafting, Pleadings and Appearances · General Principles of Drafting

A lease deed signed by Kavita (lessor) and Imran (lessee) ends with the words 'In witness whereof the parties have set their hands on the day and year first above written', followed by signature blocks and the names of two persons who saw the signing. Which statement correctly identifies these parts?

The closing words 'In witness whereof...' are the testimonium, which introduces execution by the parties, and the witnesses' names and signatures constitute the attestation. Recitals, schedules, habendum and definitions are separate parts appearing elsewhere in the deed.

  1. AThe quoted words are the testimonium; the witnesses' names form the attestationCorrect
  2. BThe quoted words are the recitals; the witnesses' names form the schedule
  3. CThe quoted words are the habendum; the witnesses' names form the definitions
  4. DThe quoted words are the premises; the witnesses' names form the operative part

Explanation

The testimonium is the concluding clause that introduces execution by the parties; attestation is the witnesses' confirmation of having seen the execution. Recitals, schedule, habendum and premises are different parts that appear earlier in the deed.

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