Distinguish between the following: Deed and Documents.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
Distinguish between the following: Deed and Documents.

Answer & Explanation:

Deed and Documents DEED: In legal sense, a deed is a solemn document. Deed is the term normally used to describe all the instruments by which two or more persons agree to affect any right or liability. To take for example Gift Deed, Sale Deed, Deed of Partition, Partnership Deed, Deed of Family Settlement, Lease Deed, Mortgage Deed and so on. Even a power of Attorney has been held in old English cases to be a deed. A bond is also included in the wide compass of the term deed. A deed may be defined as a formal writing of a non-testamentary character which purports or operates to create, declare, confirm, assign, limit or extinguish some right, title, or interest. One of the most suitable and comprehensive definition has been given by Norten on 'Deeds' as follows: A deed is a writing - a) on paper, vellum or parchment, b) sealed, and c) delivered, whereby an interest, right or property passes, or an obligation binding on some persons is created or which is in affirmance of some act whereby an interest, right or property has been passed. Document "Document" as defined in Section 3(18) of General Clauses Act, 1897 means any matter expressed or described upon any substance by means of letters, figures or marks, or by the more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter. Examples and Illustrations of documents Writing is a document. Words printed, lithographed or photographed are documents. A map or plan is a document. An inscription on a metal plate or stone is a document. A caricature is a document. Thus, document is a paper or other material thing affording information, proof or evidence of anything. All deeds are documents. But it is not always that all documents are deeds. A document under seal may not be a deed if it remains undelivered, e.g., a will, an award, a certificate of admission to a learned society, a certificate of shares or stocks and share warrant to bearer, an agreement signed by directors and sealed with the company's seal, license to use a patented article, or letters of co-ordination. Documentary evidence as such is an important piece of evidence of which the Courts and Tribunals take judicial cognizance.

Topics: Legal Terminology

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