deed of assignment of immovable property

Deed of Assignment: Everything You Need to Know

A deed of assignment refers to a legal document that records the transfer of ownership of a real estate property from one party to another. 3 min read updated on January 01, 2024

Updated October 8,2020:

A deed of assignment refers to a legal document that records the transfer of ownership of a real estate property from one party to another. It states that a specific piece of property will belong to the assignee and no longer belong to the assignor starting from a specified date. In order to be valid, a deed of assignment must contain certain types of information and meet a number of requirements.

What Is an Assignment?

An assignment is similar to an outright transfer, but it is slightly different. It takes place when one of two parties who have entered into a contract decides to transfer all of his or her rights and obligations to a third party and completely remove himself or herself from the contract.

Also called the assignee, the third party effectively replaces the former contracting party and consequently assumes all of his or her rights and obligations. Unless it is stated in the original contract, both parties to the initial contract are typically required to express approval of an assignment before it can occur. When you sell a piece of property, you are making an assignment of it to the buyer through the paperwork you sign at closing.

What Is a Deed of Assignment?

A deed of assignment refers to a legal document that facilitates the legal transfer of ownership of real estate property. It is an important document that must be securely stored at all times, especially in the case of real estate.

In general, this document can be described as a document that is drafted and signed to promise or guarantee the transfer of ownership of a real estate property on a specified date. In other words, it serves as the evidence of the transfer of ownership of the property, with the stipulation that there is a certain timeframe in which actual ownership will begin.

The deed of assignment is the main document between the seller and buyer that proves ownership in favor of the seller. The party who is transferring his or her rights to the property is known as the “assignor,” while the party who is receiving the rights is called the “assignee.”

A deed of assignment is required in many different situations, the most common of which is the transfer of ownership of a property. For example, a developer of a new house has to sign a deed of assignment with a buyer, stating that the house will belong to him or her on a certain date. Nevertheless, the buyer may want to sell the house to someone else in the future, which will also require the signing of a deed of assignment.

This document is necessary because it serves as a temporary title deed in the event that the actual title deed for the house has not been issued. For every piece of property that will be sold before the issuance of a title deed, a deed of assignment will be required.

Requirements for a Deed of Assignment

In order to be legally enforceable, an absolute sale deed must provide a clear description of the property being transferred, such as its address or other information that distinguishes it from other properties. In addition, it must clearly identify the buyer and seller and state the date when the transfer will become legally effective, the purchase price, and other relevant information.

In today's real estate transactions, contracting parties usually use an ancillary real estate sale contract in an attempt to cram all the required information into a deed. Nonetheless, the information found in the contract must be referenced by the deed.

Information to Include in a Deed of Assignment

Names of parties to the agreement
Addresses of the parties and how they are binding on the parties' successors, friends, and other people who represent them in any capacity
History of the property being transferred, from the time it was first acquired to the time it is about to be sold
Agreed price of the property
Size and description of the property
Promises or covenants the parties will undertake to execute the deed
Signatures of the parties
Section for the Governors Consent or Commissioner of Oaths to sign and verify the agreement

If you need help understanding, drafting, or signing a deed of assignment, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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Tanny --> 12 December 2016

Sale deed versus deed of assignment

While buying a resale property in a co-operative housing society, I have differing opinion on whether a "sale deed" is appropriate of a "deed of assignment" is appropriate. I consulted several people from legal profession and opinion seems to be divided with some saying Sale Deed is mandatory, some saying Deed of Assignment is ok and some even suggesting rather absurdly - "you tell us what you want and we will do that for you".

My question is - I am looking for specific guidance of whether I register my agreement with a Sale Deed or with a Deed of Assignment. Please can you guide.

deed of assignment of immovable property

10 Replies

Ms.Usha Kapoor (CEO) --> 13 December 2016

First draft asale deed and thendraft adeed of Assignment and register both of them.If you appreciate this answer please give me all my profile likes.

Kishor Mehta (CEO) --> 13 December 2016

Kumar Doab (FIN) --> 13 December 2016

Agreed with Mr. Kishore Mehta.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) --> 13 December 2016

In real property transactions, a deed of assignment is a legal document that transfers the interest of the owner of that interest to the person to whom it is assigned, the assignee. When ownership is transferred, the deed of assignment shows the new legal owner of the property.

An "absolute sale" deed is defined by having no conditions attached to the sale except the buyer's payment of the purchase price. When the seller signs and delivers the absolute sale deed, this is generally recognized by law as the moment of sale.

Tanny --> 13 December 2016

Thank you for explaining the difference between a Sale Deed and a Deed of Assignment. However could you explain in my case which is the one I would go for?

rajeev sharma (Advocate Ex senior manager law ) --> 13 December 2016

please ask reseller what document the builder has executed in his favi\our .if it is sale deed then dont compromise get sale deed executed in your favour

even the seller has a deed of assignment from his previous purchase. In that case will a sale deed or a deed of assignment be appropriate?

Adv. K.S.A.Narasimha Rao ([email protected] ) --> 13 December 2016

Dear Tanny,

Basing on the rights possessed by your prospective seller, the nominclature of the document depends on.

If your Prospective Seller is having only right of possession in respect of the property, then he can only make a deed of Assignment. But if your Seller is having absolute powers to sell the flat, then you can use nominclature as "Sale Deed".

Kindly clarufy if the deed of assignment be cancelled by assignor.

Aseem Koradia --> 15 December 2016

The name of document is immaterial. The content of the document will remain the same. interpretation will be from the content of the document.

Aseem Koradia

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Transfer of Property Legal Consultant

What is Deed of Assignment for Flat?

A Deed of Assignment for flat is a very important document in the process of transfer of flat property ownership. This document legally transfers ownership from the assignor to the assignee. But what exactly is an assignor and assignee, and what are the important points to include in a deed of assignment?

Important Points

Meaning of Assignor and Assignee

An assignor is a person who currently owns the flat property and is transferring its ownership to another person. The assignee is the person who is receiving the flat property ownership. The deed of assignment for flat is the document that legally transfers property ownership from the assignor to the assignee.

Meaning of Deed of Assignment for flat

The Deed of Assignment for flat is a legal instrument that formalizes the transfer of flat property ownership from the Assignor (owner) to the Assignee (purchaser). The document acts as evidence of the transfer of flat property ownership and is used to protect the rights and interests of both parties.

Some Key Points in the Deed of Assignment

When creating a deed of assignment for flat, it is important to include several key points to ensure that the transfer of flat ownership is legally binding and properly documented. Here are some examples of important points to include:

Description of the flat/property

The deed of assignment for flat should include a detailed description of the property being transferred. This can include information such as the address, size, and any unique features of the property.

Flat/Property construction details

It is also important to include information about the construction of the flat property, such as the name of the constructor and details about the plan approval, commencement and completion certificates, etc.

Information of the Society

The deed of assignment for flat should include information about the society, like, the society name, and its registration number.

Prior transaction history of the property

The deed of assignment for flat should include information about any prior transactions that happened on the flat property. This can include information about how the existing owner has received the ownership and all the references about previous transactions.

Consideration amount and payment details

The deed of assignment for flat should include information about the consideration amount (i.e. the amount of money being paid for the property), the mode of payment, and any details about the payment schedule.

Acknowledgment of payment

The Deed of Assignment for flat should also include a clause where the Assignor gives an acknowledgment that he/she has received the agreed consideration amount from the Assignee. This will help in avoiding any disputes in the future regarding the payment made for the property. It is essential to ensure that the consideration amount has been received in full and that the Assignor has no further claims to the property.

Assurances and indemnification by the assignor

One of the most critical aspects of a Deed of Assignment for flat is the assurances and indemnification provided by the Assignor to the Assignee. The Assignor must assure the Assignee that the property being transferred is free from any encumbrances or legal issues. The Assignor’s assurance declares that the property is not subject to any liens, leases, mortgages, or other agreements that may impact the transfer of the property. Moreover, the Assignor must confirm that the property is not the subject of any court litigation, and they hold the title of the property free and clear. This assurance guarantees that the property being transferred has a clean title, and there are no legal disputes attached to it.

Assurance of no payment dues

The Assignor must assure the Assignee that there are no outstanding dues or pending payments towards any electricity charges, piped gas connection charges, Society maintenance charges, property taxes, and other charges, all taxes and dues in the respect of the property as of the date of execution of the Deed of Assignment for flat. The Assignor should further declare that in case any dues or taxes remain unpaid till the date of execution of the Deed, he/she will pay the same without any objection or dispute.

Assignor’s promise to co-operate with assignee

The assignor should promise to co-operate with the assignee in the future if any documents need to be signed or if any other actions are required to transfer ownership of the flat property. For example – cooperation for enrolling the Assignee’s name as owners of the property in all Government records, society records, Property Tax & M.S.E.B., etc. as & when be required.

Governing law in case of any dispute

The deed of assignment for flat should specify the governing law that will be used in case of any disputes between the assignor and the assignee.

Execution in the presence of witnesses

Finally, the deed of assignment for flat should be signed (executed) by both the Assignor and the Assignee in the presence of witnesses. This ensures that the transfer of ownership is legally binding.

Registration and Stamp Duty

After the Deed of Assignment for flat has been signed by both the parties (assignor and assignee), it must be registered in the sub-registration office. In Maharashtra, the stamp duty for registration is calculated based on the consideration price or the government valuation of the property, whichever is higher. This is an important step to ensure that the transfer of ownership is legally recognized and that the rights and interests of both parties are protected. Proper registration of the Deed of Assignment will also prevent any future disputes or legal complications.

The deed of assignment for flat plays a vital role in transferring the ownership of a property. The document is a legally binding agreement that protects the interests of both the Assignor and the Assignee. It is important to include the above-mentioned important points. Additionally, registering the deed of assignment in the sub-registration office and paying the applicable stamp duty is mandatory.

Assignment of Deed

Table of contents, assignment of deed of trust.

An assignment of deed is used to show the deed of a property changing from one party to another, such as when a sale is made. It is used as the written proof to show who has rightful ownership of the property. When someone is purchasing property and decides to sell it before they have paid it off, an assignment of deed form would be used to transfer the rights and everything associated with the property over to the new owner.

When a debtor transfers real estate to a creditor, the Assignment of Deed is the legal document used to record this transfer. This happens when a lawsuit is filed on a property owner for a default in payment and the court’s rule in favor of the creditor; this is one example of when the deed of assignment would be put in to use. It’s used to show that the property is being transferred from the ownership of the defendant and given to the plaintiff that won the case and awarded the property.

It’s important to understand what these documents mean as they pertain to public property records as well as personal background checks into an individual. This could be exactly the type of information you need to help you gain a better understanding on someone or his or her history. It could also be in your own public background information if someone knows where to look for it.

Public records will always contain the history of who owns real property and the details on that property as it exchanges hands or ownership is passed. Anyone who knows how can access basic information about a deed or its assignments.

When a property owner uses an assignment of deed of trust, they are assigning ownership of the property to someone else and this is a very important document that should be kept in a safe and secure place. There are also public records kept on these types of documents and you should be able to request a copy – sometimes at a fee – should you need one.

The Assignment of Deed will also specify the rights the other person will receive along with the deed. As property transfers ownership like this, a recital is usually included as well which shows how many people and the identities of who has owned the property before. This allows you to see how many times the property has transferred hands over the course of its history.

Now that you know more about this particular property document, you will understand it when you use it. Whether you need it for your property or you are searching the property records of someone else for some reason, this information will be very beneficial to you.

We know that these types of legal matters can be confusing to the average person and that’s why we strive to make it easier to understand by giving you the basics here. Assignment of deed of trust documents do not have to confuse you anymore.

Sample Contracts

FREE 17+ Deed of Assignment Samples in PDF | MS Word

A deed is referred to as a legal document that serves as an instrument used regarding the transfer, assignment, or bargain of a property or rights. Deeds need to be signed, sealed, and delivered so that it will be considered valid. Deeds are often associated with property transfers, like transferring the ownership of the title of a property to another.

Deed Assignment Samples Pdf Word

Teacher agreement contract samples, free 26+ investment agreement samples in pdf | ms word | google docs | pages, free 9+ shop rental agreement samples [ commercial, lease, tenancy ].

A deed of assignment is one type of deed that is used not only in legal practices but also in the business industry during sale and transfer transactions. We will be touching on this important legal document in this article analysis . Select deed of assignment samples and templates have been included in this article for your convenience. You may download these sample and templates for free. Useful information like what it is, its uses, its components, and many more are available here. Feel free to check them out below.

Deed of Sale and Assignment Lease Template

Google Docs

Assignment of Deed of Trust Template

Editable PDF

Size: A4, US

Deed of Reassignment and Retransfer Template

Editable Deed of Assignment Template

Sample Deed of Assignment Template

Size: 112 KB

Bank Deed of Assignment Template

bank deed of assignement sample template 1

Size: 11 KB

Sample Company Deed of Assignment Template

Size: 159 KB

Simple Deed of Assignment Template

Size: 49 KB

Sample Assignment of Intellectual Property Rights (Pro-Assignee)

Size: 21 KB

Printable Deed of Assignment Template

Size: 55 KB

Deed of Assignment of Shipbuilding Template

Size: 25 KB

What Is a Deed of Assignment?

A deed of assignment is a document that contains the details of a transaction that involves the transfer of ownership of a property from one entity to another. It works just like that of an sample agreement because a deed of assignment involves two parties in it who both need to agree to the terms and conditions of the assignment. The word transfer best determines or best describes what a deed of assignment is.

There will always be two parties involved in a deed of assignment and they are the assignee and the assignor. The the person or party who makes the transfer their rights to another person or party is called the assignor. The person who gets or receives the rights to a property or thing from the assignor is called the assignee. Both parties are important in the completion of a deed of assignment.

The concept of a deed of agreement is very similar to that of a legal agreement or legal contract, where there is a party who creates an offer and another party who accepts the offer. To learn more about deeds and other related topic, you may check out our website view them from there. To name a few examples are quit claim deeds, mortgage deeds , and sample grant deeds form .

How Is a Deed of Assignment Different from That of a Deed of Sale?

A deed of sale is also a sample form of document that transfers one’s rights on a property or thing to another. That is exactly the same as a deed of assignment. They may be used for the same reason, which is to transfer property rights, but there is still a difference between a deed of assignment and a deed of sale, which is evident in the details of each document and how they work. The following is a comparison that will help you understand their differences easily.

A deed of sale is used mainly in real estate business plan to transfer the rights of the real estate holder, which is the seller, to that of the buyer once full payment for the real estate property is made. This transfer involves monetary payment by the buyer to the seller for the said real estate property. In a deed of assignment, the transfer of rights to a property may or may not require the assignee to make a payment for the said property nor does the assignor ask for payment for it.
The buyer and the seller need to comply to the terms and conditions of the sales contract and they must do their share of responsibilities or obligations while the contract is still ongoing and even if the transfer has been completed. This is not the case in a deed of assignment. The transfer of rights is absolute, which means that once the transfer has been completed, the assignor no longer has anything to do with the property rights that they have transferred to another. In other words, they have totally given up all their rights to the said property or thing.
A deed of sale is recognized by the law as the purchase or sale of a property, rather than a transfer of the rights of that property.
A deed of sale may be seen as a takeover of rights while a deed of assignment may be seen as a transfer of responsibilities.

You may also be interested in other related topics, like sample warranty deed forms and general warranty deed samples .

Uses of a Deed of Assignment

What are the uses of a deed of assignment? There are a number of things that a deed of assignment is used for and they are as follows:

A deed of assignment is used as an evidence that a certain transfer transaction has taken place between an assignor and the assignee.
It is a document used to show that the assignor has transferred all of their rights, claims, interests, and ownership of a certain property to the assignee.
It is a proof of the assignor’s promise that they are transferring their rights and ownership to the property to the assignee.
A deed of assignment is not only used to transfer one’s rights to another, but it is also used to transfer the responsibilities or obligations of the assignor to the assignee. These responsibilities or obligations come together with the ownership and rights to the said property.

Real estate businesses and other businesses involved in the sale and purchase of different kinds of properties commonly use a deed of assignment together with other important legal documents, like real estate sales contract , property sales contract , and home sales contract .

What Are the Components of a Deed of Assignment?

There are a lot of components of a deed of assignment and it is important that you know of these components if you are going to study or get involved in one. Below is the list of the components of a deed of assignment that you need to know.

The introduction, which includes the date when the assignment is made and signed, the commencement, the names of both the parties involved, and the recital
The operative part, which includes the testatum or the witnesses, and other clauses like sample receipt clause, the consideration, the word grant, the parcel, the capacity of both the vendor and the covenant for the title, exceptions and reservations, and habendum
Other miscellaneous clauses like the covenant for indemnity, both for assignor and assignee
The testimonies
The schedules
The execution of the deed

Pipeline Company Deed of Assignment Template

pipeline company deed of assignment sample 02

Size: 69 KB

Sample Deed of Assignment Form with Instructions Template

deed of assignment form with instructions 1

Size: 68 KB

Deed of Assignment of Contractor’s Financial Benefits Template

deed of assignment of contractors financial benefits 1

Size: 20 KB

Deed of Assignment of Tenancy Template

Size: 37 KB

Deed of Assignment of Trademark Template

Size: 12 KB

Deed of Assignment: Executors to Beneficiary Template

deed of assignement executors to beneficiary 2

Size: 51 KB

Sample Deed of Assignment and Undertaking Template

How to Create a Deed of Assignment

Believe it or not, you can create a deed of assignment on your own. You just need the right steps to guide you and the appropriate resources to help you have it done. Below are some easy-to-follow steps that you will really find useful.

Decide what your deed of assignment is going to be about. Think of the details that you want to include in it that specifically has something to do with its transfer.
If you must, list down these details and other specifications that you want to include in your deed of assignment.
Once you have that decided or identified, go online and look for a deed of assignment template that contains the same details and specifications that you need, or a template that is similar to what you need.
When you already found the template, download it to your computer or laptop. Also check if it the file type is supported by the sample applications you have on your computer or laptop, like Word or PDF.
Open the downloaded file. If you need to change anything, or add and remove some parts, feel free to do so. Just make sure that it does not change the meaning of the paragraph, sentence, or part that you made changes to.
When you are satisfied with the changes that you have made, go back to the very first page and review your work. Make sure that everything is covered in your document.
After finalizing your work, save the changes that you have made. Saving your work allows you to retrieve it later on if you have a need for it in the future.
Print enough copies that you need for your transaction.

Now you should have a deed of assignment of your own with your preferred details. Things get pretty easy and convenient with the use of templates. It is just like the one we did above. To get hold of other useful templates, feel free to visit our website and check a variety of templates from there. Other titles you may be interested in are Quit Claim Deed, Investment Contract , and Shareholders Agreement .

Advantages of Deed of Assignment Templates

With the steps above, you probably have an idea how great templates are. But its greatness does not stop there because more of it are in store for you. Below is a list of some of the advantages of a deed of assignment template.

There are different varieties of deed of of assignment templates online so you can look for the template that is just right for your needs.
The templates are from reliable and trusted sources so you are sure that the one you will find online is capable of handling your situation.
Using ready-made templates ensures that the deed of assignment produced is one that is complete.
The creation of the document becomes fast and convenient for anyone who wishes to make their very own deed of assignment.
The use of the templates is highly recommended because of its level of accuracy, which is belied to be little to no mistakes at all.

That is a lot of advantages that you can get from these templates. Another good thing is, even with just sample on hand, you can pretty much get the same advantages similar to that of templates. If you find this article helpful, you will also love other articles that we offer on our website. To name a few are Asset Purchase Agreement , Essential Financial Statements for Your Business , and Legal Bill of Sale .

Deed of Assignment or Deed of Novation: Key Differences and Legal Implications of Novation and Assignment Contracts

Novation and assignment stand out as pivotal processes for the transfer of contractual rights and obligations. These legal concepts allow a party to the contract to adapt to changing circumstances, ensuring that business arrangements remain relevant and effective. This article explores the nuances of novation and assignment, shedding light on their distinct legal implications, procedures, and practical applications. Whether you’re a business owner navigating the transfer of service contracts, or an individual looking to understand your rights and responsibilities in a contractual relationship, or a key stakeholder in a construction contract, this guide will equip you with the essential knowledge to navigate these complex legal processes.

What is a Deed of Novation?
What is a Deed of Assignment?

Key Differences Between Novation and Assignment Deeds

Need a deed of novation or assignment key factors to consider, selecting the right assignment clause for your contract – helping you make the right choice, what is a deed of novation.

Novation is a legal process that allows a new party to a contract to take the place of an original party in a contract, thereby transferring both the responsibilities and benefits under the contract to a third party. In common law, transferring contractual obligations through novation requires the agreement of all original parties involved in the contract, as well as the new party. This is because novation effectively terminates the original contract and establishes a new one.

A novation clause typically specifies that a contract cannot be novated without the written consent of the current parties. The inclusion of such a clause aims to preclude the possibility of novation based on verbal consent or inferred from the actions of a continuing party. Nevertheless, courts will assess the actual events that transpired, and a novation clause may not always be enforceable. It’s possible for a novation clause to allow for future novation by one party acting alone to a party of their choosing. Courts will enforce a novation carried out in this manner if it is sanctioned by the correct interpretation of the original contract.

Novation is frequently encountered in business and contract law, offering a means for parties to transfer their contractual rights and duties to another, which can be useful if the original party cannot meet their obligations or wishes to transfer their contract rights. For novation to occur, there must be unanimous consent for the substitution of the new party for the original one, necessitating a three-way agreement among the original party, the new party, and the remaining contract party. Moreover, the novation agreement must be documented in writing and signed by all involved parties. Understanding novation is essential in the realms of contracts and business dealings, as it provides a way for parties to delegate their contractual rights and responsibilities while freeing themselves from the original agreement.

What is a Deed of Assignment?

A deed of assignment is a legal document that facilitates the transfer of a specific right or benefit from one party (the assignor) to another (the assignee). This process allows the assignee to step into the assignor’s position, taking over both the rights and obligations under the original contract. In construction, this might occur when a main contractor assigns rights under a subcontract to the employer, allowing the employer to enforce specific subcontractor duties directly if the contractor fails.

Key aspects of an assignment include:

Continuation of the Original Contract: The initial agreement remains valid and enforceable, despite the transfer of rights or benefits.
Assumption of Rights and Obligations: The assignee assumes the role of the assignor, adopting all associated rights and responsibilities as outlined in the original contract.
Requirement for Written Form: The assignment must be documented in writing, signed by the assignor, and officially communicated to the obligor (the party obligated under the contract).
Subject to Terms and Law: The ability to assign rights or benefits is governed by the specific terms of the contract and relevant legal statutes.

At common law, parties generally have the right to assign their contractual rights without needing consent from the other party involved in the contract. However, this does not apply if the rights are inherently personal or if the contract includes an assignment clause that restricts or modifies this general right. Many contracts contain a provision requiring the consent of the other party for an assignment to occur, ensuring that rights are not transferred without the other party’s knowledge.

Once an assignment of rights is made, the assignee gains the right to benefit from the contract and can initiate legal proceedings to enforce these rights. This enforcement can be done either independently or alongside the assignor, depending on whether the assignment is legal or equitable. It’s important to note that while rights under the contract can be assigned, the contractual obligations or burdens cannot be transferred in this manner. Therefore, the assignor remains liable for any obligations under the contract that are not yet fulfilled at the time of the assignment.

Choosing Between Assignment and Novation in a Construction Contract

Choosing between a deed of novation and an assignment agreement depends on the specific circumstances and objectives of the parties involved in a contract. Both options serve to transfer rights and obligations but in fundamentally different ways, each with its own legal implications, risks, and benefits. Understanding these differences and considering various factors can help in making an informed decision that aligns with your goals.

The choice between assignment and novation in a construction project scenario, where, for instance, an employer wishes to engage a subcontractor directly due to loss of confidence in the main contractor, hinges on several factors. These are:

Nature of the Contract: The type of contract you’re dealing with (e.g., service, sales) can influence which option is more suitable. For instance, novation might be preferred for service contracts where obligations are personal and specific to the original parties.
Parties Involved: Consent is a key factor. Novation requires the agreement of all original and new parties, making it a viable option only when such consent is attainable. Assignment might be more feasible if obtaining consent from all parties poses a challenge.
Complexity of the Transaction: For transactions involving multiple parties and obligations, novation could be more appropriate as it ensures a clean transfer of all rights and obligations. Assignment might leave the original party with ongoing responsibilities.
Time and Cost: Consider the practical aspects, such as the time and financial cost associated with each option. Novation typically involves more complex legal processes and might be more time-consuming and costly than an assignment.

If the intention is merely to transfer the rights of the subcontractor’s work to the employer without altering the subcontractor’s obligations under a contract, an assignment might suffice. However, if the goal is to completely transfer the main contractor’s contractual role and obligations to the employer or another entity, novation would be necessary, ensuring that all parties consent to this new arrangement and the original contractor is released from their obligations.

The legal interpretations and court decisions highlight the importance of the document’s substance over its label. Even if a document is titled a “Deed of Assignment,” it could function as a novation if it transfers obligations and responsibilities and involves the consent of all parties. The key is to clearly understand and define the objective behind changing the contractual relationships and to use a deed — assignment or novation — that best achieves the desired legal and practical outcomes, ensuring the continuity and successful completion of the construction project.

Understanding the distinction between assignment deeds and novation deeds is crucial for anyone involved in contractual agreements. Novation offers a clean slate by transferring both rights and obligations to a new party, requiring the consent of all involved. Assignment, conversely, allows for the transfer of contractual benefits without altering the original contract’s obligations. Each method serves different strategic purposes, from simplifying transitions to preserving original contractual duties. The choice between novation and assignment hinges on specific legal, financial, and practical considerations unique to each situation. At PBL Law Group, we specialise in providing comprehensive legal advice and support in contract law. Our team is dedicated to helping clients understand their options and make informed decisions that align with their legal and business objectives. Let’s discuss!

Authored By Raea Khan

Director Lawyer, PBL Law Group

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Deed of Assignment

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A Deed of Assignment is an instrument of transfer which is used in real estate transactions to transfer legal title or the ownership of a land or building from the title holder (called the assignor ) to another called the assignee , usually for a consideration (money or money's worth).

The title transfer is done in writing, signed, sealed and delivered by the parties to the transaction. This is a very important document that should be delivered to the purchaser after the conclusion of the sale of any real property .

Note: This document is different from the Contract of Sale because although it is a vital document in real property sale and purchase transactions, the Contract of Sale alone does not transfer ownership or interest in real estate. On the other hand, a registered Deed of Assignment not only transfers legal interest in real property but also serves as the assignee's root of title . This means that a registered Deed of Assignment is enough proof of ownership of real property .

According to the Land Use Act, all state and federal lands are vested in the governor of each state and the federal government respectively, who hold the lands as trustees for Nigerians. Consequently, a person who acquires ownership of land in Nigeria is granted a certain term of years (usually 99 years) and is not referred to as the owner but the holder of a term of years and can assign the remainder of such term to another under a Deed of Assignment.

Note that if a person gifts another a real property , a Deed of Gift should be executed for this purpose.

How to use this document

The document should outline the names and addresses of the parties, a detailed description of the property being conveyed, the origin of the property, covenants and representations of the assignor.

After completing this document, the parties should sign the document . If either of the parties is an individual , the individual should sign the document and the document must be attested by one witness who will put their name, occupation, address and signature. If either of the parties is a company , the common seal of the company should be affixed on the document and either two directors or one director and one company secretary should sign the document.

After the documents have been properly executed, either of the parties (particularly the assignee) should take steps to register the property . The parties should consult a real property agent or their lawyer to register the property .

The assignor should deliver at least 4 (four) signed copies of this document to the assignee for registration at the requisite lands registry. The assignor can also keep a signed copy of this document for their record .

Applicable law

The Land Use Act 1978 applies to this document. The Property and Conveyancing Law of 1959 , Lagos State Registration of Titles Law 2004 and the Registration of Titles laws of various states are also applicable to this document.

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A guide to help you: How to Acquire Real Property in Nigeria

Commercial Real Estate - Other downloadable templates of legal documents

Commercial Lease Agreement
Request for Extension of Time for Rent Payment for Commercial Lease
Commercial Lease Assignment Agreement
Commercial Lease Amendment Agreement
Commercial Sublease Agreement
Commercial Lease Renewal Agreement
Short-Term Commercial Rental Agreement
Other downloadable templates of legal documents

Deed of Assignment (for Intellectual Property)

In the realm of intellectual property, a Deed of Assignment is a formal legal document used to transfer all rights, title, and interest in intellectual property from the assignor (original owner) to the assignee (new owner). This is crucial for the correct transfer of patents, copyrights, trademarks, and other IP rights. The deed typically requires specific legal formalities, sometimes notarization, to ensure it is legally enforceable.

To be legally effective a deed of assignment must contain:

Title of the Document : It should clearly be labeled as a "Deed of Assignment" to identify the nature of the document.
Date : The date on which the deed is executed should be clearly mentioned.
Parties Involved : Full names and addresses of both the assignor (the party transferring the rights) and the assignee (the party receiving the rights). This identifies the parties to the agreement.
Recitals : This section provides the background of the transaction. It typically includes details about the ownership of the assignor and the intention behind the assignment.
Definition and Interpretation : Any terms used within the deed that have specific meanings should be clearly defined in this section.
Description of the Property or Rights : A detailed description of the property or rights being assigned. For intellectual property, this would include details like patent numbers, trademark registrations , or descriptions of the copyrighted material.
Terms of Assignment : This should include the extent of the rights being transferred, any conditions or limitations on the assignment, and any obligations the assignor or assignee must fulfill as part of the agreement.
Warranties and Representations : The assignor typically makes certain warranties regarding their ownership of the property and the absence of encumbrances or third-party claims against it.
Governing Law : The deed should specify which jurisdiction's laws govern the interpretation and enforcement of the agreement.
Execution and Witnesses : The deed must be signed by both parties, and depending on jurisdictional requirements, it may also need to be witnessed and possibly notarized.
Schedules or Annexures : If there are detailed lists or descriptions (like a list of patent numbers or property descriptions), these are often attached as schedules to the main body of the deed.

Letter of Assignment (for Trademarks and Patents)

This is a less formal document compared to the Deed of Assignment and is often used to record the assignment of rights or licensing of intellectual property on a temporary or limited basis. While it can outline the terms of the assignment, it may not be sufficient for the full transfer of legal title of IP rights. It's more commonly used in situations like assigning the rights to use a copyrighted work or a trademark license.

For example, company X allows company Y to use their trademark for specific products in a specific country for a specific period.

At the same time, company X can use a Letter of Assignment to transfer a trademark to someone. In this case, it will be similar to the Deed of Assignment.

Intellectual Property Sales Agreement

An IP Sales Agreement is a detailed contract that stipulates the terms and conditions of the sale of intellectual property. It covers aspects such as the specific rights being sold, payment terms, warranties regarding the ownership and validity of the IP, and any limitations or conditions on the use of the IP. This document is essential in transactions involving the sale of IP assets.

However, clients usually prefer to keep this document confidential and prepare special deeds of assignment or letter of assignment for different countries.

IP Transfer Declaration

In the context of intellectual property, a Declaration is often used to assert ownership or the originality of an IP asset. For example, inventors may use declarations in patent applications to declare their invention is original, or authors may use it to assert copyright ownership. It's a formal statement, sometimes required by IP offices or courts.

When assigning a trademark, the Declaration can be a valid document to function as a proof of the transfer. For example, a director of company X declares that the company had sold its Intellectual Property to company Y.

Merger Document

When companies or entities with significant IP assets merge, an IP Merger Document is used. This document outlines how the intellectual property owned by the merging entities will be combined or managed. It includes details about the transfer, integration, or handling of patents, copyrights, trademarks, and any other intellectual property affected by the merger.

In all these cases, the precise drafting of documents is critical to ensure that IP rights are adequately protected and transferred. Legal advice is often necessary to navigate the complexities of intellectual property laws.

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Sale of Immovable Property

Subject-wise Law Notes Transfer of Property Act
January 29, 2020

Sale of immovable property has been defined as a transfer of ownership in exchange for a price paid or promised or partly paid and partly promised by the Transfer of Property Act. Section 54 provides essentials for a sale of immovable property and Section 55 deals with rights and duties of buyer and seller (parties to sale).

Section 54 of the Transfer of Property Act, 1882

Section 54 of the Transfer of Property Act (IV of 1982) defines sale of immovable property as under:

“Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.

Sale How Made:

Such transfer, in the case of tangible immovable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument. In the case of tangible immovable property of a value less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property. Section 54 lays down a specific method for the execution of a sale deed with respect to immovable property and completion of sale.

Generally speaking, in a sale of immovable property , the three requirements of law are that transfer of property by sale must take place with the help of a validly executed sale deed, by the transferor in writing, is properly attested, and registered (Munnalal v. Armaram, 2008) .

Contract of Sale of Immovable Property:

A contract of sale is different from a sale, as it does not require registration. However, it does not create a charge or an interest in the property. It is merely a document or an agreement that gives a right to obtain another document, i.e., a sale deed. Therefore, it does not require registration (Dave Ramushankar v. Bai Kailasgoure, 1974) . However, some equities do arise in favour of the transferee. For instance: where, despite an agreement of sale, the property is transferred to another person, the subsequent transferee with notice of the earlier transaction holds the property in trust for the prior agreement holder (Kondapalli Satyanarayan v. Kondapalli mayullu, 1999) .

In the case of Ramesh Chand Ardavatiya v. Anil Pangwani (2003) , decided by Supreme Court the owner of a piece of land entered into an agreement for its sale with B. On payment of the advance amount, he handed, over the possession to B but failed to execute a sale deed in his favour. B constructed a boundary wall, but this land was encroached upon by the trespassers on behest of A.B. filed a suit in a court of law for a declaration that he was in peaceful possession of property and sought a permanent injunction from the court restraining the trespassers from interfering with his peaceful possession of the property.

The court held that B is entitled to protect his possession. Directions were issued that A should assert his title through due process of law and was restrained from taking the law his own hands. The court observed that as,

“ A contract for sale of immovable property is a contract that a sale of such property shall take place on terms settled between the parties; it does not of itself create any interest in or charge on such immovable property. However, still if a person who entered into possession over immovable property under a contract for sale and is in peaceful and settled possession of the property with the consent of the person in whom the title vests, he is entitled to protect his possession against the whole world, excepting a person having a title better than what he or his vendor possesses. If he is in possession of the property in part performance of the contract for sale and the requirements of Section 53 A are satisfied, he may protect his possession even against the true owner.”

Mortgage: Justice Mahmood in Gopal v. Parsotam (1883) has defined mortgage as under: Mortgage as understood in this country cannot be defined better than by the definition adopted by the Legislature in section 58 of the Transfer of property Act (IV of l882).

In the case of Santley v Wilde (1899) , it was observed that, a mortgage is a conveyance of land or an assignment of chattels as a security for the payment of a debt or the discharge of some other obligation for which it is given. T

he Supreme Court in Kedar Lal v. Hari Lal (1952) , has observed that the whole law of mortgage in India, including the law of contribution arising out of a transaction of mortgage, is now statutory and is embodied in the Transfer of Property Act read with the Code of Civil Procedure. The court cannot travel beyond these statutory provisions.

Essential Elements of Sale of Immovable Property

Parties: in a sale there has to be a seller and buyer. The seller has to be competent to transfer the immovable property to the buyer. Both parties i.e. the seller and the buyer have to be competent to contract under the Indian Contract Act. In the case of Misabul Emterprises v. Vijaya Srivastava (2003) , it was observed that a contract of sale must be based on a mutual agreement between the seller and the buyer. The transferor should either be the owner of the property or should have an authority to dispose of it.

For example, the karta of a joint family property is authorized to transfer the property under certain specified circumstances (Biswanath Sahu v. Tribeni Mohan, 2003) . Similarly, the guardian of the property of a minor is empowered to sell it with the permission of the court, and without such permission the sale would be invalid (Sarup Chand v. Surjit Kaur, 2002) . An agent having a power of attorney to sell the property can also sell it without being the owner of the property.

Where the sale is executed after getting a general power of attorney; without obtaining the requisite permission of the court, the sale deed is invalid and would not confer any title on the transferee (Lakhwinder Singh v. Paramjit Kaur, 2004) , but if the Power of Attorney executed in favour of the holder expressly authorizes him to transfer the property he would be a competent seller (A Bhagyamma v. Bangalore Development Authority, Bangalore 2010) .

Subject Matter of Sale of Immovable Property :

Section 54 only governs the sale of immovable property. Immovable property can be tangible or intangible. Tangible property is one that can be touched, such as a house, a tree etc., while intangible property refers to property that cannot be touched such as a right of fishery, a right of way etc. If there is no sale, there is no need for an agreement to be executed to that effect on the stamp papers.

In Rail Vihar Kalyan Sahkari Awas Samiti v. State of Uttar Pradesh(2005) , a cooperative group housing society and its members filed a writ against additional chief-executive officer, Noida, by which the Noida directed the individual members to execute a tripartite agreement with the welfare societies/co-operative society as lessee and NOIDA as lessor for sale of superstructure and sublease deed for respective flats, apartments, residential accommodation allotted by the society to its individual members and restraining them from charging stamp duty on execution of tripartite-deed.

Noida had issued a notice to flat owners to execute the-deed through their respective bodies by a specific date, failing which, the flat owners were to be declared unauthorised occupants, on whom penalty was to be charged. While allowing the writ petition filed by the flat owners, the court held that the societies do not have corpus and the entire consideration for lease was paid by the contributions received from the members.

They constructed these flats/apartments under the self-finance arrangement in which the amount was paid by allotted member in instalments. There was no sale of land or superstructure in their favour and thus, the direction to execute a tripartite transfer deed which includes sale of superstructure and the payment of stamp duty on the said document, was grossly arbitrary and violative of Art 14 of the Constitution.

Transfer of ownership:

There has to be a transfer of ownership by the seller to the buyer.

Price: price is the essence of the contract of sale. It may be paid in a lump sum or in instalments as agreed between the parties. A compromise, a decretal amount, an advance made by one person to another, or an agreement to protect and defend the property at the purchaser‘s cost is a good consideration for sale. Likewise, a family settlement is a valid consideration for an agreement to sell.

Where a son- in-law executed an agreement for sale in favour of his mother-in-law in consideration of a family settlement, it was held that it amounted to a valid consideration for the sale. The ordinary rule governing sale is that payment of consideration is simultaneous with the time when the conveyance is executed by the seller. This rule can be deviated from in case of an agreement to the contrary by the parties (Chandra Shankar v. Abhia, 1952; Prasanta v. IC Ltd., 1955) .

For example, A agrees to sell the land to B, and executes a sale deed for the same. Ordinarily, the buyer would pay the consideration on the same day. However, if they agree to pay the entire consideration or part of it at the time of the registration of the document, and partly at the time of the execution or even subsequent to registration, this would be a valid sale.

The term “paid or promised to be paid” also suggests that this promise to pay must be genuine. The buyer cannot escape his primary liability to pay the consideration and if he tries to evade payment by dubious means, no title would pass from the seller to the buyer. For instance, if the buyer pays money through a cheque which is dishonoured, the sale would not take effect (Inder Kaur v. Tara Singh, 1978) .The same rule would apply if there is an intention to the contrary expressly incorporated in the contract, that the title would not pass unless the payment has been made in full, or if consideration is paid in advance. This would entitle the purchaser to sue for possession (Vidhyadhar v. Manikro, 1999) .

Section 55 of the Transfer of the Property Act, 1882

Section 55 of the Transfer of Property Act, 1882 describes right and liabilities of buyer and seller. In any property transaction, buyers and sellers are subject to Right and liabilities. In the absence of a contract to the contrary, the buyer and the seller of immovable property respectively are subject to the liabilities, and have the rights, mentioned in the rules next following or such of them as are applicable to the property sold.

Rights, Duties and Liabilities of Seller in case of Sale of Immovable Property :

Duties of seller:.

To disclose any material defect: a seller is bound to inform the buyer of any material defect in the property or the title of the property.
To produce documents of title: a seller has to provide for the examination of all documents of title that are in his possession.
To answer questions about the property or title thereto: a seller is bound to give relevant information and satisfy the buyer on any questions raised by the buyer or his advocate.
To execute conveyance: The seller is bound to execute the sale deed after sale price is paid to him
T o pay outgoings: the seller is bound to pay all public charges, tax and rent that may be due on the property before date of sale.
Lis pendens : a seller is bound to inform the buyer of any legal proceedings that are pending on said property and that may come in the way of the sale or transfer on said property.
To deliver possession of the property: a seller is bound to hand over the possession of the property at the time of the execution of the sale. Generally before the execution of the sale deed the buyer and seller enter into an agreement of sale either orally or in writing. After entering into this agreement to sell, the buyer would be advised to take all the necessary information that has been listed above.

Rights of Seller:

According to section 55(4) of the Transfer of Property Act, 1882, it can be stated as follows:

Right to get Rent and Profit: – to the rents and profits of the property till the ownership thereof passes to the buyer.

Right to get Interest on Unpaid buying money: -where the ownership of the property has passed to the buyer before payment of the whole of the purchase-money, to a charge upon the property in the hands of the buyer, any transferee without consideration or any transferee with notice of the non-payment, for the amount of the purchase-money, or any part thereof remaining unpaid, and for interest on such amount or part from the date on which possession has been delivered.

In Subba Rao V/s Vasudev Shastri (1951) , the Court decided that the seller is entitled to get interest on selling-money only when the possession of sold property is given to buyer.

Liabilities of Seller:

According to section 55(1) of the Transfer of Property Act, 1882 can be stated as follows:

Liability to Reveal Fault: – to disclose to the buyer any material defect in the property 1[or in the seller’s title thereto] of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover; In the Case Ganpat Ranglal V/s Mangilal Hiralal (1961), Court held that the seller is not bound to disclose such faults which is really known by buyer or otherwise he is in know of the information.

Liability to Submit Document: – to produce to the buyer on his request for examination all documents of title relating to the property which are in the seller’s possession or power;
Liability to Submit Document as to Entitlement: – to answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title thereto; in the case of Laxmidas & Company V/s D.J. Tata (2019) it has been held by the Mumbai high court that if the seller does not answer for such questions then the contract may be rescinded by the buyer.
Liability to Execute Conveyance:- on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him for execution at a proper time and place;
Liability to Protect Document:- between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession as an owner of ordinary prudence would take of such property and documents.
Liability to Deliver up Occupation:- to give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits; in the case Darpan V/s Kedar Nath(1969), it has been held that if Seller does mistakes in delivering up to possession the buyer can file a suit against seller.

Rights and Duties of Buyer in case of Sale of Immovable Property : :

Rights of buyer:-.

According to section 55(6) of the Transfer of Property Act, 1882, these can be stated as follows:

Right to get Benefits, Rents- where the ownership of the property has passed to him, to the benefit of any improvement in, or increase in value of, the property, and to the rents and profits thereof; in Achtak V/s Parmeshwar it was decided that the buyer is entitled to get benefits of the maintenance done by seller.

Right to get Interest- unless he has improperly declined to accept delivery of the property, to a charge on the property, as against the seller and all persons claiming under him, to the extent of the seller’s interest in the property, for the amount of any purchase-money properly paid by the buyer in anticipation of the delivery and for interest on such amount; and, when he properly declines to accept the delivery, also for the earnest (if any) and for the costs (if any) awarded to him of a suit to compel specific performance of the contract or to obtain a decree for its rescission.

An omission to make such disclosures as are mentioned in this section, paragraph (1), clause (a), and paragraph (5), clause (a), is fraudulent.

Liabilities of buyer:-

According to section 55(5) of the Transfer of Property Act, 1882, it was stated as follows:

Liability to disclose facts– To disclose to the seller any fact as to the nature or extent of the seller’s interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest.

In the case of Hazi isha V/s Daya Bhai (1896) , it has been held that it is the duty of the buyer that he should provide all information related to ownership which he is in know, to the seller. This arrangement is based on the principle of equity and relations of believe between buyer and seller.

Liability of payment of purchase money- To pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from encumbrances, the buyer may retain out of the purchase-money the amount of any encumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto.

Liability to bear damages– where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller.

Liability to pay due amount- where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any encumbrances subject to which the property is sold, and the interest thereon afterwards accruing due. In the case of Gangi V/s Govinda (1924), it was held that the buyer is liable to pay all the charges after sale. Due amount includes revenue, principal, interest etc.

It is advisable that the buyer’s advocate should investigate the title of the property after entering into an agreement for sale. The title should be traced for at least 30 years. Besides, the title deed search should be also done in the office of the Sub Registrar or relevant revenue authority to investigate whether there is any encumbrance on the property whether there is any defect in the title and whether the property stands in the name of the seller in the land revenue and municipal records. It is also advisable that the buyer’s advocate should enquire from the relevant authorities and gather information on whether a notification has been issued for acquisition of the property.

In major property deals the buyer through his advocate should give a public notice in the newspaper stating his interest in purchasing the property. The sale deed is chargeable with stamp duty under Article 23 of Schedule 1 to the Indian Stamp Act and it has to be executed on stamp paper equal to that of conveyance or else attracts duty penalty of 10 times that of actual stamp duty. The sale deed transferring immovable property of the value of 100 or more requires registration under Indian Registration Act 1908.

REFERENCES:

Textbook on The Transfer of Property Act, Dr. Avtar Singh, Universal Law Publishing Co. Pvt. Ltd., 2006
The Transfer of Property Act, Dr. Hari Singh Gour, Delhi Law House, 2004
Principles of the Law of Transfer, S. M. Shah, N. M. Tripathi Pvt. Ltd., 1969
The Transfer of Property Act, 1882, Prof. G. P. Tripathi, Central Law Publications, 2005

For more articles on Transfer of Property Act, Click Here .

For law notes, Click Here.

Author Details: Vaibhav Goyal (BA LLB Student, Panjab University)

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Deeds & Documents

A Specimen Agreement of Sale of House Property
A Specimen Agreement to Hypothecate Goods to Secure Fixed Loan
A Specimen Collaboration Agreement
A Specimen Deed of Revocation of a Trust
A Specimen of a Dealership Contract
A Specimen of an Agency Contract
A Specimen of Deed of Assignment of a Patent
A Specimen of Deed of Assignment of a Registered Trade Mark
A Specimen of Deed of Assignment of Business Debts
A Specimen of Deed of Assignment of Copyright of a Book
A Specimen of Deed of Assignment of Policy of Life Assurance
A Specimen of Deed of Assignment of Shares in a Company
A Specimen of Deed of Sale by an Administrator under Orders of the Court
A Specimen of Deed of Sale by Liquidator of a Company in Voluntary Liquidation
A Specimen of Deed of Sale of a Business and Assignment of Goodwill
A Specimen of Leave and License Agreement
A Specimen of Outsourcing Agreement for Converting Hard Copies of a Book in a Compact Disc (CD)
A Specimen of Promoters Contract for the Purchase of an Industrial Plot for setting up Industrial Unit of the Proposed Company ABC Ltd.
A Specimen of the Letter of Offer to the Prospective Company Secretary
Agreement by Company Adopting Contract made on its behalf before its Incorporation
An Agreement of Sale of Immovable Property
Deed Altering Conditions in a Lease
Deed extending Period of a Partnership
Deed Modifying Terms of Lease
Deed of Agreement of Admission into Firm of a New Partner
Deed of Dissolution of Partnership by which one Partner Sells
Deed of Dissolution of Partnership
Deed of English Mortgage
Deed of Further Charge
Deed of Lease of Land with Forfeiture Clause and Covenant for Renewal
Deed of License for use of wall of a Building for publicity and advertisement for goods, etc.
Deed of Mortgage by Conditional Sale
Deed of Partnership between two Partners
Deed of Redemption or Reconveyance of Mortgaged Property
Deed of Sale by a Certificated Guardian of a Hindu Minor
Deed of Sale by Co-owners of Undivided Property
Deed of Sale of Joint Family Property for Legal Necessity
Deed of Sale of Property, Mortgagee - Joining
Deed of Simple Mortgage
Deed of Sub-Lease
Deed of Surrender of Lease
Deed of Usufructuary Mortgage
Draft Debenture Trust Deed
Draft Trust Deed Superannaution Fund
Draft Trust Deed(Pension Deed)
DRAFT TRUST DEED
General Power-of-Attorney in Another Form
Irrevocable Power of Attorney
Lease Agreement for a House (Premises)
Lease Agreement for Plant and Machinery
Lease Agreement with Lessor, Lessee and Bank as Financing Party
Memorandum of Mortgage by Deposit of Title Deeds
MORTGAGE by a Limited Company in favour of a Bank for Securing the Amount due on Cash Credit Account
Power-of-Attorney for Leasing Contracts
Power-of-Attorney to Advocate for Court Case
Power-of-Attorney to Present Document for Registration
Power-of-Attorney to Sell a Particular Property
Sale Deed of Agricultural Land
Simple Deed of Sale of a House, without Recitals
Special Power of Attorney Filed with the Registrar
Specimen Affidavit of Creditor in proof of his debt in Proceeding for the Liquidation of a Company
Specimen Agreement between two Companies to Amalgamate by Sale of one to the other
Specimen Agreement for Acting as Broker to an Issue
Specimen Agreement for the Appointment of a Manager in a Company
Specimen Agreement of Employment of Manager of a Business Concern
Specimen Agreement of License for use of a House Property to a Company for Office Accommodation
Specimen Agreement of Service as a Managing Director of a Company
Specimen Deed of Guarantee by a Bank on behalf of a Company for the Performance of a Contract in favour of State Government
Specimen Deed of Guarantee for the Performance of a Contract
Specimen Form of a Petition for Special Leave in
Specimen Form of a Writ Petition
Specimen Form of Appeal to the High Court
Specimen form of Revision
Specimen Forms of Power of Attorney
Specimen of a Building Contract
Specimen of Arbitration Agreement to Refer the Dispute to a Common Arbitrator
Specimen of Arbitration Agreement to Refer the Dispute to two Arbitrators
Specimen Underwriting Agreement
Underwriting Contract

Deed of Assignment of Lease Agreement to transfer complete right to the Tenant.

Format of deed of assignment of lease agreement for transferring right to the tenant..

An assignment of a lease is a complete transfer of the right to be the tenant under the lease. The third-party assignee becomes the "tenant" under the lease, taking over all of the leased premises, substituting for the old tenant. When the lease is assigned, the assigner move out permanently and a new tenant moves in for the remainder of the lease term. An assignment of a lease differs from a sublet. With a sublet, the original tenant gives up an apartment temporarily. With an assignment, the original tenant gives up the apartment permanently. Assignment agreement should be legally binding, so it is necessary to prepare and sign a deed of assignment.

DEED OF ASSIGNMENT OF LEASE

THIS DEED OF ASSIGNMENT is made this ______ day of_____

Mr. _________________ son of _____________ Resident of _____________ hereinafter called "the Assignor" of the One Part:

Mr. _____________ Son of _____________ Resident of _____________ hereinafter called "the Assignee" of the Other Fart.

WHEREAS: 1. By a Deed of Lease dated_____________ and made between_____________ therein referred to as the Lessor of the One Part and the Assignor, therein referred to as the Lessee of the Other Part and registered with the Sub-Registrar of Assurances at _____________ under No _____________ of Book No. I on the _____________ the said Lessor demised unto the Assignor in perpetuity ALL that piece of land situate at_____________ and more particularly described in the Schedule thereunder being the same as described in the Schedule hereunder written together with the buildings and structures standing thereon at the rent and subject to the covenants and agreements therein contained;

2. By Clause_____________ of the said Deed of Lease it was in teralia provided as follows, "Not to assign the demised premises for the whole of the term hereby granted without the previous consent in writing of the Lessor his heirs, executors, administrators and assigns, which consent shall not be unreasonably withheld".

3. The Assignor has agreed with the Assignee for an assignment to him of the said demised premises for the remaining term in perpetuity free from all encumbrances at or for the price of Rs _____________.

4. The said Lessor by his letter dated_____________ has given his consent to the assignment of the demised premises.

NOW THIS DEED WITNESSETH that in pursuance of the said agreement and in consideration of the sum of Rs_____________ (Rupees) paid in the manner following viz. Rs_____________ on_____________ day of_____________ as earnest or deposit and Rs (Rupees) on or before the execution of these presents making together Rs _____________ (Rupees _____________ _____________. ) by the Assignee to the Assignor (the receipt whereof the Assignor doth hereby admit) He the Assignor hereby assigns unto the Assignee ALL that piece of land situate at_____________ in the Registration Sub-District of_____________ and more particularly described in the Schedule hereunder written TOGETHER WITH the buildings and structures thereon AND TOGETHER with all rights, liberties privileges, easements and appurtenances whatsoever to the said premises or any part thereof belonging or in anywise appertaining or usually held or occupied therewith or reputed to belong or be appurtenant thereto AND all the estate, right, title, interest property, claim and demand whatsoever of him the Assignor in and to the said premises or any part thereof TO HOLD the said land and other the premises hereby assigned unto the Assignee in perpetuity subject to the payment of ground rent of Rs_____________ reserved by the said Deed of Lease and to the performance and observance of the covenants and stipulations therein contained and on the part of the Lessee to be observed and performed and which henceforth on the part of the Assignee ought to be observed and performed.

AND THE ASSIGNOR COVENANTS WITH THE ASSIGNEE AS FOLLOWS - the said lease is now a valid and subsisting lease of the said premises hereinbefore expressed to be hereby assigned and is in no wise void or voidable that all the rents reserved and the covenants by the Assignor and the conditions contained in the said Deed of Lease have been paid, observed and performed upto the date of these presents; that the Assignor now has in himself good right and absolute power to assign the said premises unto the Assignee for the term and in the manner aforesaid that it shall be lawful for the Assignee from time to time and at all times hereafter during the said term to peaceably and quietly hold, possess and enjoy the said premises hereby assigned or expressed so to be with the appurtenances on and subject to said lease and receive the rents, and profits thereof for his own use and benefit without any eviction interruption claim or demand whatsoever from or by the Assignor or from or by any other person or persons lawfully or equitably claiming by, from, under or in trust for them. that the said premises are free and clear and freely clearly and absolutely acquitted, exonerated, released and forever discharged or otherwise by the Assignor well and sufficiently saved, defended, kepi harmless and indemnified of from and against all estates charges and encumbrances whatever made executed occasioned or suffered by the Assignor or by any other person or persons having or lawfully claiming by from under or in trust for him. that the Assignor and all persons having or lawfully claiming by. from, under or in trust for him shall and will from time to time and at all times hereafter during the said term at the request and costs of the Assignee do and execute or cause to be done and executed all such further and other lawful and reasonable acts, deeds, things, matters and assurances in the law whatsoever for further and more perfectly and absolutely assuring the said premises hereby assigned or expressed so to be and every part thereof unto and to the use of the Assignee for the residue of (he said term and in manner aforesaid as shall or may be reasonably required.

AND the Assignee doth hereby covenants with the Assignor that he the Assignee will henceforth during the said term pay the rents reserved by and perform all the covenants by the Lessee and conditions contained in the said Deed of Lease and keep indemnified the Assignor and his estate and effects from and against the payment of the said rent and the observance and performance of the said covenants and all actions, proceedings, costs, damages, claims, demands and liability whatsoever for or on account of the same or in anywise relating thereto.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands the day and year first hereinabove written.

THE SCHEDULE ABOVE REFERRED TO

Signed and Delivered by the within-named Assignor

Signed by the within-named Assignee

Received from the Assignee above-named a sum of Rs_____________ today which together with the sum of Rs_____________ paid on_____________ as earnest makes up the sum of_____________ Rupees (Rupees) being the full consideration money to be paid by him to me. Witnesses:

I say received.

Relevant Sections of Transfer of Properties Act 1882

Section 107 "Leases how made"

107. A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. All other leases of immovable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession. Where a lease of immovable property is made by a registered instrument, such instrument or, where there are more instruments than one, each such instrument shall be executed by both the lessor and the lessee: Provided that the State Government may, from time to time, by notification in the Official Gazette, direct that leases of immovable property, other than leases from year to year, or for any term exceeding one year, or reserving a yearly rent, or any class of such leases, may be made by unregistered instrument or by oral agreement without delivery of possession.

Section 108 "Rights and liabilities of lessor and lessee"

108. In the absence of a contract or local usage to the contrary, the lessor and the lessee of immovable property, as against one another, respectively, possess the rights and are subject to the liabilities mentioned in the rules next following or such of them as are applicable to the property leased :-

A. Rights and liabilities of the Lessor (a) the lessor is bound to disclose to the lessee any material defect in the property, with reference to its intended use, of which the former is and the latter is not aware, and which the latter could not with ordinary care discover; (b) the lessor is bound, on the lessee's request to put him in possession of the property; (c) the lessor shall be deemed to contract with the lessee that, if the latter pays the rent reserved by the lease and performs the contract binding on the lessee, he may hold the property during the time limited by the lease without interruption. The benefit of such contract shall be annexed to and go with the lessee's interest as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested. B. Rights and liabilities of the lessee (d) if during the continuance of the lease any accession is made to the property, such accession (subject to the law relating to alluvion for the time being in force) shall be deemed to be comprised in the lease; (e) if by fire, tempest or flood, or violence of any army or of a mob, or other irresistible force, any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purposes for which it was let, the lease shall, at the option of the lessee, be void : Provided that, if the injury be occasioned by the wrongful act or default of the lessee, he shall not be entitled to avail himself to the benefit of this provision; (f) if the lessor neglects to make, within a reasonable time after notice, any repairs which he is bound to make to the property, the lessee may make the same himself, and deduct the expense of such repairs with interest from the rent, or otherwise recover it from the lessor; (g) if the lessor neglects to make any payment which he is bound to make, and which if not made by him, is recoverable from the lessee or against the property, the lessee may make such payment himself, and deduct it with interest from the rent, or otherwise recover it from the lessor; (h) the lessee may even after the determination of the lease remove, at any time whilst he is in possession of the property leased but not afterwards, all things which he has attached to the earth : provided he leaves the property in the state in which he received it ;

Legal Formats, Alphabetical Order

Agreement Formats

Understanding a deed of assignment for intellectual property

A deed of transfer is used to change the ownership of intellectual property, a common occurrence in business. Explore how and when to use one.

Find out more about intellectual property basics

by Brette Sember, J.D.

Brette is a former attorney and has been a writer and editor for more than 25 years. She is the author of more than 4...

Understanding intellectual property in business

How to transfer intellectual property rights in business, what to include in a deed of assignment, registering new ownership, restrictions on intellectual property transfers.

Most companies have intellectual property as part of their assets, including software, product design, or copyright to white papers. Buying or selling such property is done using a document called a deed of assignment.

Illustrations and graphics surrounding the words "Intellectual Property"

A large part of what a business consists of may be tied to intellectual property . It's easy to see physical property a company owns, such as a building, office furniture, or inventory, but intellectual property can be more challenging to identify.

Most businesses have intellectual property, or works created by human minds or, in some cases, by computers. Some examples of intellectual property include architectural drawings, ad campaigns, company or product names, inventions, and source code.

Examples of when transfers of intellectual property might happen include when a company is buying another company, when you are setting up an LLC and want to transfer your intellectual property into the company, or when a business buys product rights from another company or individual.

A deed of assignment can be done in one transaction, instead of one transaction for each item of intellectual property, by transferring all ownership rights of all intellectual property detailed in the deed. The document is signed by both the buyer and seller. No payment is required for it to be valid.

A deed of assignment must be in writing and should include:

The names and addresses of the assignor and assignee
A description of the program or product for which the rights are being transferred
A statement that all intellectual property rights to the property are being transferred
Signatures of the parties and the date of the agreement execution

The deed could also include the following sections, where applicable:

Consideration, or payment, to be made to the original owner.
Warranties, or promises that the intellectual property rights being assigned don't infringe on anyone else's intellectual property rights . For example, in a deed regarding the transfer of a copyright, this section could state that the copyrighted work is original and not owned by someone else.
Indemnification, or promise by the seller to reimburse the assignee if there is some problem with title to the property.
Future assignments. For example, the agreement could be ongoing, so that anything the assignor creates in the future for this product or program is also transferred to the buyer.

Although a deed of assignment transfers ownership in intellectual property , it does not change the registration of the ownership. The assignee is responsible for handling all registration requirements.

For example, if a patent is transferred via a deed of assignment, the new owner must record the change in ownership with the U.S. Patent and Trademark Office. Similarly, the transfer of a copyright is recorded with the U.S. Copyright Office.

Transfers of intellectual property must comply with U.S. laws. One obvious caveat is that you can't transfer property you don't own. Transfers must also comply with antitrust laws, which are set up to prevent one company from completely dominating an industry.

If intellectual property rights are being transferred overseas, the transfer must comply with Export Administration Regulations and the International Traffic in Arms Regulations , which are designed to protect national security and trade.

The deed of assignment can be a crucial part of a business deal or transaction. You can create a deed of assignment yourself, or you can work with an attorney .

Mystical Castle

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Savvino-storozhevsky monastery and museum.

Zvenigorod's most famous sight is the Savvino-Storozhevsky Monastery, which was founded in 1398 by the monk Savva from the Troitse-Sergieva Lavra, at the invitation and with the support of Prince Yury Dmitrievich of Zvenigorod. Savva was later canonised as St Sabbas (Savva) of Storozhev. The monastery late flourished under the reign of Tsar Alexis, who chose the monastery as his family church and often went on pilgrimage there and made lots of donations to it. Most of the monastery’s buildings date from this time. The monastery is heavily fortified with thick walls and six towers, the most impressive of which is the Krasny Tower which also serves as the eastern entrance. The monastery was closed in 1918 and only reopened in 1995. In 1998 Patriarch Alexius II took part in a service to return the relics of St Sabbas to the monastery. Today the monastery has the status of a stauropegic monastery, which is second in status to a lavra. In addition to being a working monastery, it also holds the Zvenigorod Historical, Architectural and Art Museum.

Belfry and Neighbouring Churches

Located near the main entrance is the monastery's belfry which is perhaps the calling card of the monastery due to its uniqueness. It was built in the 1650s and the St Sergius of Radonezh’s Church was opened on the middle tier in the mid-17th century, although it was originally dedicated to the Trinity. The belfry's 35-tonne Great Bladgovestny Bell fell in 1941 and was only restored and returned in 2003. Attached to the belfry is a large refectory and the Transfiguration Church, both of which were built on the orders of Tsar Alexis in the 1650s.

To the left of the belfry is another, smaller, refectory which is attached to the Trinity Gate-Church, which was also constructed in the 1650s on the orders of Tsar Alexis who made it his own family church. The church is elaborately decorated with colourful trims and underneath the archway is a beautiful 19th century fresco.

Nativity of Virgin Mary Cathedral

The Nativity of Virgin Mary Cathedral is the oldest building in the monastery and among the oldest buildings in the Moscow Region. It was built between 1404 and 1405 during the lifetime of St Sabbas and using the funds of Prince Yury of Zvenigorod. The white-stone cathedral is a standard four-pillar design with a single golden dome. After the death of St Sabbas he was interred in the cathedral and a new altar dedicated to him was added.

Under the reign of Tsar Alexis the cathedral was decorated with frescoes by Stepan Ryazanets, some of which remain today. Tsar Alexis also presented the cathedral with a five-tier iconostasis, the top row of icons have been preserved.

Tsaritsa's Chambers

The Nativity of Virgin Mary Cathedral is located between the Tsaritsa's Chambers of the left and the Palace of Tsar Alexis on the right. The Tsaritsa's Chambers were built in the mid-17th century for the wife of Tsar Alexey - Tsaritsa Maria Ilinichna Miloskavskaya. The design of the building is influenced by the ancient Russian architectural style. Is prettier than the Tsar's chambers opposite, being red in colour with elaborately decorated window frames and entrance.

At present the Tsaritsa's Chambers houses the Zvenigorod Historical, Architectural and Art Museum. Among its displays is an accurate recreation of the interior of a noble lady's chambers including furniture, decorations and a decorated tiled oven, and an exhibition on the history of Zvenigorod and the monastery.

Palace of Tsar Alexis

The Palace of Tsar Alexis was built in the 1650s and is now one of the best surviving examples of non-religious architecture of that era. It was built especially for Tsar Alexis who often visited the monastery on religious pilgrimages. Its most striking feature is its pretty row of nine chimney spouts which resemble towers.

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Deed of Assignment
The deed of assignment is the main document between the seller and buyer that proves ownership in favor of the seller. The party who is transferring his or her rights to the property is known as the "assignor," while the party who is receiving the rights is called the "assignee.". A deed of assignment is required in many different ...
Sale deed versus deed of assignment
In real property transactions, a deed of assignment is a legal document that transfers the interest of the owner of that interest to the person to whom it is assigned, the assignee. When ownership is transferred, the deed of assignment shows the new legal owner of the property.. An "absolute sale" deed is defined by having no conditions attached to the sale except the buyer's payment of the ...
What is Deed of Assignment for Flat?
Meaning of Deed of Assignment for flat. The Deed of Assignment for flat is a legal instrument that formalizes the transfer of flat property ownership from the Assignor (owner) to the Assignee (purchaser). The document acts as evidence of the transfer of flat property ownership and is used to protect the rights and interests of both parties.
What is an Assignment of Deed & How Does it Work
An assignment of deed is used to show the deed of a property changing from one party to another, such as when a sale is made. It is used as the written proof to show who has rightful ownership of the property. When someone is purchasing property and decides to sell it before they have paid it off, an assignment of deed form would be used to transfer the rights and everything associated with ...
FREE 17+ Deed of Assignment Samples in PDF
A deed of assignment is used as an evidence that a certain transfer transaction has taken place between an assignor and the assignee. It is a document used to show that the assignor has transferred all of their rights, claims, interests, and ownership of a certain property to the assignee. It is a proof of the assignor's promise that they are ...
Assignment or Novation: Key Differences and Legal Implications
Assignment. Transfer of rights or obligations. Transfers both the benefit and the burden of a contract to a third party. Transfers only the benefit of a contract, not the burden. Consent Required. Novation requires the consent of all parties (original parties and incoming party).
Deed of Assignment
A Deed of Assignment is an instrument of transfer which is used in real estate transactions to transfer legal title or the ownership of a land or building from the title holder (called the assignor) to another called the assignee, usually for a consideration (money or money's worth). The title transfer is done in writing, signed, sealed and delivered by the parties to the transaction.
Deed of Assignment: Everything You Need to Know
4 min. In the realm of intellectual property, a Deed of Assignment is a formal legal document used to transfer all rights, title, and interest in intellectual property from the assignor (original owner) to the assignee (new owner). This is crucial for the correct transfer of patents, copyrights, trademarks, and other IP rights.
Legal Tree
If you will assign immovable property (e.g. land, house) then use this Deed of Assignment for Immovable Property instead. 2. When do you need a Deed of Assignment? A Deed of Assignment is used when the owner wants to transfer ownership (and the rights and obligations) over property to another person. ...
Sale of Immovable Property
Sale of immovable property has been defined as a transfer of ownership in exchange for a price paid or promised or partly paid and partly promised by the Transfer of Property Act. Section 54 provides essentials for a sale of immovable property and Section 55 deals with rights and duties of buyer and seller (parties to sale). Contents hide. 1.
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Deed of Lease of Land with Forfeiture Clause and Covenant for Renewal. Deed of License for use of wall of a Building for publicity and advertisement for goods, etc. Deed of Mortgage by Conditional Sale. Deed of Partnership between two Partners. Deed of Redemption or Reconveyance of Mortgaged Property.
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The Deed of Assignment (DOA), in its simplest form, is a legal document that changes the ownership of a piece of property from one entity to another. If you're requesting a home credit in India, you'll additionally need to provide a DOA. You must execute a Memorandum of Transfer in addition to the Sale and Purchase Agreement (SPA) when ...
Laws relating to lease of immovable property
Registered Deed: When the lease of immovable property is for a term of 1 year or more. Other leases of immovable property can be either made by a registered deed or by an oral agreement accompanied by the transfer of possession. A lease will be made by both the parties when the lease is of multiple properties that require multiple deeds.
PDF Recent Decision on Stamp Duty on Debt Assignment
mortgage interest) in immovable property is itself immovable property. However, even assuming assignment of debt with underlying securities over immovable property amounts to a conveyance, it 4 Bank of Upper India Ltd. (in liquidation) v. Fanny Skinner and Ors., AIR 1929 All 161.
Deed of Assignment of Lease Deed to transfer right to the tenant
Assignment Deed to assign Lease agreement in favour of another person with same tenancy rights. Deed of Assignment of Lease Deed to another tenant. download format ... 107. A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument.
PDF Intellectual property right assignments Q&A: India
Assignment of intellectual property rights: Cross-border. Assignment of trade marks: Cross-border. ... and the property can be movable or immovable, present or future. The conditions of the TPA apply to all transfers of property, including transfers of IP, unless specific ... it is always advisable to expressly include it in the deed of assignment.
Understanding a deed of assignment for intellectual property
A deed of assignment must be in writing and should include: The names and addresses of the assignor and assignee. A description of the program or product for which the rights are being transferred. A statement that all intellectual property rights to the property are being transferred.
Sample Gift Deed for Immovable Property
A gift deed is a legal document that describes voluntary transfer of gift from the donor (owner of property) to donee (receiver of gift) without any monetary favor in return. A gift deed for immovable property involves the gifting of some immovable property like a house. A gift deed describes every detail of the transaction as necessary by law.
Sale of Immovable Property Assignment
Sale of Immovable Property Assignment - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free.
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Mystical Castle
A stunning sarcophagus bathtub made of granite weighing 3.5 tons, carved wooden chandeliers, a chandelier with irons, a spider window, painting floors, stone walls interspersed with semi-precious stones, shells, household items and even tombstones, a staircase made of stone, gears, chains and God knows what else!
Savvino-Storozhevsky Monastery and Museum
Zvenigorod's most famous sight is the Savvino-Storozhevsky Monastery, which was founded in 1398 by the monk Savva from the Troitse-Sergieva Lavra, at the invitation and with the support of Prince Yury Dmitrievich of Zvenigorod. Savva was later canonised as St Sabbas (Savva) of Storozhev. The monastery late flourished under the reign of Tsar ...

Deed of Assignment: Everything You Need to Know

What Is an Assignment?

What Is a Deed of Assignment?

Requirements for a Deed of Assignment

Information to Include in a Deed of Assignment

Sale deed versus deed of assignment

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