Distinguish between the following: 'Operative clause' and 'testimonium clause'.
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2016
Distinguish between the following: 'Operative clause' and 'testimonium clause'.
Answer & Explanation:
Operative clause is followed by the real operative words which vary according to the nature of the property and transaction involved therein. The words used in operative parts will differ from transaction to transaction. For example, in the case of mortgage the usual words to be used are "Transfer by way of simple mortgage" (usual mortgage) etc. The exact interest transferred is indicative after parcels by expressing the intent or by adding habendum. (The parcel is technical description of property transferred and it follows the operative words). Testimonium is the clause in the last part of the deed. Testimonium signifies that the parties to the document have signed the deed. This clause marks the close of the deed and is an essential part of the deed. The usual form of testimonium clause is as under: "In witness whereof, parties hereto have hereunto set their respective hands and seals the date and year first above written". This is the usual English form of testimonium clause. In India, except in the case of companies and corporations seals are not used and in those cases testimonium clause reads as under: "In witness whereof the parties hereto have signed this day on the date above written". Thus testimonium clause can be worded according to the status and delegation of executants.
Topics: Drafting of Deeds
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