Distinguish between the following: Testatum and Consideration.
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
Distinguish between the following: Testatum and Consideration.
Answer & Explanation:
Testatum This is the "witnessing" clause which refers to the introductory recitals of the agreement, if any, and also states the consideration, if any, and recites acknowledgement of its receipt. The witnessing clause usually begins with the words "NOW THIS DEED WITNESSES". Where there is more than one observation to be put in the clause the words, "NOW THIS DEED WITNESSES AS UNDER" are put in the beginning and then paragraphs are numbered. Consideration Consideration is very important in a document and must be expressed. Mention of consideration is necessary otherwise also, for example, for ascertaining stamp duty payable on the deed under the Indian Stamp Act, 1899. There is a stipulation of penalty for non-payment of stamps, but non- mention of consideration does not invalidate the document. In the absence of mention of consideration, the evidentiary value of document is reduced that the document may not be adequately stamped and would attract penalty under the Indian Stamp Act, 1899.
Topics: Deeds and Conveyancing
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