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

Anita Sharma signs a document that begins 'This Deed of Gift is made at Pune on 5 May...' and ends with signatures of the donor, donee and two witnesses. In the drafting convention, which part is the 'operative part' of the document?

The operative part is the clause that actually transfers the property to the donee. It contains the words of grant that create or transfer the right. Title, recitals and attestation only identify, explain background or authenticate the document, and do not themselves effect the transfer.

  1. AThe title and place of execution
  2. BThe recitals explaining why the gift is made
  3. CThe clause actually transferring the property to the doneeCorrect
  4. DThe attestation clause naming the witnesses

Explanation

Typical structure: title, commencement, parties, recitals, operative part, schedule and testimonium/attestation. The operative part contains the words that actually effect the transfer or create the right. Recitals only explain background and do not operate to transfer.

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