Write notes on the following: (a) Recitals

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2018
Write notes on the following: (a) Recitals

Answer & Explanation:

Recitals contain the short story of the property up to its vesting into its transferors. Recitals may be of two types. One, narrative recitals which relate to the past history of the property transferred and sets out the facts and instrument necessary to show the title and relation to the party to the subject matter of the deed as to how the property was originally acquired and held and in what manner it has developed upon the grantor or transferor. The extent of interest and the title of the person should be recited. It should be written in chronological order, i.e., in order of occurrence. This forms part of narrative recitals. This is followed by inductory recitals, which explain the motive or intention behind execution of deed. Recitals carry evidentiary importance in the deed. It is an evidence against the parties to the instrument and those claiming under and it may operate as estoppel [Ram Charan v. Girija Nandini, 3 SCR 841 (1965)]. Recital generally begins with the words "Whereas" and when there are several recitals instead of repeating the words "Whereas" before each and every one of them, it is better to divide the recitals into numbered paragraphs. For example, "Whereas"

Topics: Drafting Principles

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