The employees registered union of ABC Ltd., proposes to construct a temple on half acre vacant plot adjoining factory dispensary in the factory campus. The local authorities and labour welfare officer also recommended th

CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2019
The employees registered union of ABC Ltd., proposes to construct a temple on half acre vacant plot adjoining factory dispensary in the factory campus. The local authorities and labour welfare officer also recommended the proposal and grant NOC for the same. The managing director of the company, 'XYZ', asked the Company Secretary to examine it, report and if worth approving put up a draft deed for consideration of the Board. The Company Secretary recommends it on the following main terms: (i) Draft deed will be prepared by the Company and executed by the Temple Management Committee (TMC). (ii) Temple will be constructed with in six months. (iii) Annual rental of ₹100/- shall be payable by TMC to ABC Ltd. by the first week of January every year. (iv) Employees will not be charged with any fees, donations etc, however may be accepted in case of volunteer. (v) Proper cleanliness at all times, will be the responsibility of TMC. (vi) Company's authorized officers shall be allowed to inspect temple premises on a one-week time notice, and TMC will be bound to follow their instructions. (vii) Jurisdiction clause will be the local jurisdiction of the ABC Ltd., in case of any dispute. Though Arbitration Clause will also be mentioned. On the basis of the terms by the Company Secretary of ABC Ltd., you are required to draft a Deed of Grant of Land for temple in the factory premises. Assume other facts, if required.

Answer & Explanation:

This grant is made on the 1st September, 2019 between ABC Ltd (herein after called the 'grantor') of the one part, and Temple Management Committee (TMC) (herein after called the 'Grantee') of the other part; Whereas the 'grantee' on 1stJuly 2019 applied to the 'Grantor' for the grant of 'Grantee's' land admeasuring half an acre, which is lying vacant adjoining the Company's Dispensary in factory complex, for the purpose of building a temple thereon; AND WHEREAS the 'grantor' has agreed with the 'grantee' to grant him for the said purpose the land hereby transferred belonging to the 'grantor' on the terms and conditions hereinafter contained; AND WHEREAS the 'grantee' has accepted the said grant for the said purpose and on the terms and conditions hereinafter contained. Now, THIS DEED WITNESSES' AS FOLLOWS:- In pursuance of the aforesaid agreement and in consideration of the 'Grantee's' covenants hereinafter contained, and for the purpose of promoting, religion worship, the 'grantor' hereby grants and transfers to the 'Grantee' ALL THAT PLOT of land etc., TO HOLD THE SAME to the 'grantee' and his Successors according to custom of Succession in the management of religious endorsements recognized by the religion professed by the 'Grantee' for the purpose of a Temple and for no other purpose (excluding ancillary purposes) in accordance with the covenants and the provision hereinafter contained. The 'Grantee' hereby covenants with the 'grantor' as follows:- He will within six months from the date hereof erect a temple of the value of ₹............ on the said premises and will not use the said premises for any other purpose whatsoever. If the 'grantee' fails to erect a temple within the said period of six months, the said premises shall revert to the 'grantor'. Such temple, when erected shall be open to all human beings without any distinction of caste or creed to enter the said temple for worship and prayer and for no other purpose. The 'grantee' has undertaken to pay a sum of ₹100/- as annual rental to the 'grantor' to be paid before first week of January every year in advance. The 'grantee' shall not charge any fee, donations etc. from the employees of the 'grantor' except by way of voluntary contributions for the benefit of the temple. The 'grantee' shall be bound to maintain proper cleanliness in the temple premises at all the times. The 'grantee' and his successors shall at all time hereafter keep such temple in good and substantial repair and will at his or their own cost perform all ceremonies of worship therein according to the religion professed by the 'grantee'. The 'grantee' and his agents shall, on a prior notice of one week, permit at all reasonable times, the authorized officers of the company to examine the condition of the temple premises. If the said premises shall cease to be used for the purpose of a temple then the said premises and all buildings thereon shall revert to the 'grantor'. In case of any dispute arising out or concerning the terms of this deed, the same shall be referred to ............ for arbitration whose decision thereon shall be final and binding on the parties. In case of any other disputes arising out of or in any way connected with this deed the same shall be deemed to have arisen in ............and only courts in ............shall have jurisdiction to determine the same. In witness whereof, etc. ---- Signed, sealed and delivered. ABC Ltd on this ............ day of 2019 at ............ place. GRANTOR Temple Management Committee (TMC) GRANTEE Both signed by 'Grantor' 'Grantee' and two witness And registered as per law.

Topics: Conveyancing

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic