CS Professional · Drafting, Pleadings and Appearances · General Principles of Drafting
A sale deed drafted for Rohit Agro Pvt Ltd lists the property boundaries, survey number and area in detail at the end of the deed, and the body of the deed refers to 'the property described in the Schedule'. What is the main drafting advantage of this approach?
Putting property particulars in a schedule keeps the operative clauses clean and readable, while the body's reference makes the schedule an integral part of the deed. It does not remove signature requirements or replace the testimonium, and it does not weaken enforceability.
- AIt keeps the operative clauses uncluttered while the particulars remain part of the deed by referenceCorrect
- BIt removes the need for the parties to sign the deed
- CIt makes the description of the property legally unenforceable
- DIt substitutes for the testimonium
Explanation
Placing bulky particulars in a schedule keeps the body readable, and incorporation by reference makes the schedule part of the deed. It does not dispense with signatures, weaken enforceability, or replace the testimonium.
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