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NON-REGISTRATION OF ASSIGNMENT DEED NOT FATAL TO TRADEMARK RIGHTS OF ASSIGNEE

Guest Posts

Registration of documents and consequences of non-registration under the Registration Act, 1908

Why registration of documents is important

This article is written by Amrisha Mitra, a student of Amity University, Kolkata.

Table of Contents

Introduction

The Registration Act, 1908 deals with the enactments relating to the registration of documents. Registration is the procedure through which all the documents are recorded by a recognized officer along with other necessary information to ensure it’s transparency and authenticity. Section 17(1) of the Act provides for mandatory registration of certain documents which are as follows :

a) gift deed of immovable property.

b) non-testamentary documents signifying any operation, declaration, assignment, limitation and extinguishment of any right, title or interest in immovable property worth rupees one hundred and above.

c) non-testamentary instruments granting receipt or payment of any consideration on account of creation, limitation, assignment, declaration or termination of such right, title or interest.

d) leases of such immovable property for a term exceeding one year or reservation of yearly rent.

e) non-testamentary documents conveying or assigning any decree or award of the court involving creation, declaration, assignment, limitation or extinguishment of any right, title or interest in an immovable property worth rupees one hundred and above.

f) The documents of contracts regarding transfer of any immovable property for consideration for the purpose of section 53 A of The Transfer of Property Act, 1882 that has been executed on or after the inception of Registration and Other Related Laws Amendment Act, 2001.

However, it must be noted that The State Government has the right to exclude any lease executed in any district or part of a district, the terms granted by which do not exceed five years and annual rents which do not exceed fifty rupees.

Optional registration of documents

Section 18 of this Act lists the following documents that may be registered under this Act :-

a) Adoption Deed

b) Instruments which relate to share in Joint Stock company

c) Debenture issued by Joint Stock Company

d) Endorsement upon or Transfer of Debenture, which is issued by Joint Stock Company.

e) Decree or order of the court involving creation, declaration, assignment and extinguishment of any right, title or interest in an immovable property of value less than one hundred rupees.

f) Document of Past transaction

h) Grant of immovable property by the Government.

i) Instrument of Collateral Security

j) Power of Attorney

k) Agreement to Sell

l) Agreement of Mortgage

m) Certificate of Sale

n) Counterpart of Lease

o) Promissory Note

p) Leases of immovable property not exceeding one year and leases excluded under section 17.

When to register documents?

According to section 23 of this Act no documents except will shall be allowed for registration unless it’s presented within four months from the date of it’s execution. If the document is executed by several persons at different times, then such document has to be furnished for registration and re-registration within four months from the date of each execution (s.24).

If any document executed or decree made is not presented for registration within the prescribed time period due to any unavoidable accident or urgent necessity then the registrar may direct to present such document for registration within four months with a payment of fine not exceeding ten times the amount of registration fees.(s. 25). An application must be made to the sub-registrar who shall forward it to the Registrar to whom he is the subordinate. If a document, has been executed by any of the parties outside India for registration after the expiry of the given time period, then such document must be presented to the Registering Officer for registration within four months after it’s arrival in India.

Where to register documents?

According to section 28 of this Act all the documents in relation to immovable property must be presented for registration in Sub registrar’s Office within whose sub-district the whole or part of the property is situated. The officer may on special circumstances attend at the residence of any person who desires to deposit a will or present a document for registration (s.31).

Who can apply for registration ?

According to section 32 of this Act all documents to be registered under this Act must be presented at the proper registration office by :

some person executing or claiming under the same or incase of a copy of a decree or order, claiming under the decree or order;
representative of that person;
representative or assignee of such person who is authorized by power of attorney executed and authenticated in manner hereinafter mentioned.

Every person presenting any document shall affix his passport size photograph and fingerprints to the document provided that such document is in relation to transfer of ownership of immovable property. Photographs and fingerprints of both buyer and seller of the property must be mentioned in the document.

A will or authority presented by the testator or the donor for registration shall be registered in the same manner as any other document provided that 1) the will was executed by the testator or donor, 2) The testator or donor is dead, 3) The person presenting the will or authority u/s 40 is permitted to present the same.

Effects of non-registration of documents

Section 49 of this act states that :

No document required to be registered under section 17 of this Act shall be valid for creation, operation, declaration, limitation and assignment of any right, title or interest in any immovable property unless it’s registered within the specified time period.
The document shall not confer any power to adopt.
The document cannot be received as an evidence of any transaction affecting such property or conferring such power.

Registration fees

The required amount of fees must be paid while presentation of documents. (s.80)

In the case of Narinder Singh Rao v. Avm Mahinder Singh Rao Narender’s father had left behind a will stating that his wife could inherit the property. The will that was signed by a single witness wasn’t registered and the widow bequeathed the entire property to one of her nine children. The aggrieved children challenged their mother’s action in the court stating that the will was invalid and that they too had a right in their father’s property. The Supreme Court held that the children had the right to inherit the property as the will was invalid because it was not attested by two witnesses.

In Naginbhai P. Desai v. Taraben A Sheth AIR 2003, Bom, 192 it was held that the agreement for sale cannot be considered as conveyance for the purpose of Indian Registration Act, 1908.

There is no force in contention that agreement for sale was compulsorily registrable under Clause (b) to subsection (1) of Section 17 of the Registration Act.

The Supreme Court in the case of H.P. Puttaswamy v Thimmamma & Ors CIVIL APPEAL NO. 3975 OF 2010 observed whether the presense of purchaser of an immovable property is required before the concerned authority under the Act when registration of a deed is carried out in conveyance in accordance with the Act. The dispute in this case was in relation to a property measuring 4,500 square feet in the village of Hittanahalli Koppalu in Malavallu Taluk in the State of Karnataka (“ Suit Property “) .

It was found out that two sale deeds were executed with regard to this property. The appellant instituted a suit on March 31, 1989 to be regarded as lawful owner of the suit property. The appellant had come in possession of this suit initially as a tenant and later as a purchaser pursuant to the plaintiff’s deed. The Supreme Court invoked section 32 of the act and stated that apart from the exceptions proposed under Section 31,88 and 89 of the Act if the document is being registered notwithstanding the fact whether the registration of such a document is compulsory or optional would require either:

(i) some person executing the document or claiming rights under the document, or

(ii) by the representative or assign of such a person, or

(iii) by the agent of such a person, representative who has a duly authorized power of attorney to be present before the concerned authority under the Act. From a bare reading of Section 32 it can be understood that both the parties to a sale deed need not be be present before the concerned authority under the Act. And since the conveyance deed did not fall under the exceptions mentioned under the section 32, the Supreme Court disposed the case without intervening with the High Court’s Judgement and clarified that Section 32 does not require the presence of both the parties to a sale deed when the same is given for registration to the concerned authority under the Act.

In the case of Thualsidhara & Another v. & Others, t he Supreme Court observed that a written document relating to family settlement or family arrangement without registration can be used as a corroborative evidence for explaining the arrangement made and the conduct of the parties.

In the case of Suraj Lamps & Industries Pvt. Ltd. v. State of Haryana , AIR 2012 SC 206, t he court held that an immovable property can be legally transferred only by a registered deed of conveyance and transactions which are in the form of General Power of Attorney Sales or Sale by agreement to sell or Transfer by will do not confer title and does not amount to transfer of immovable property. Transactions of such a nature cannot be recognized as deeds conferring title except to the limited extent of Section 53 A of The Transfer of Property Act, 1882.

In the case of Hansia v. Bakhtawarmal, AIR 1958 Raj 102 the issue that arose in this case was how far a non-registered document that needed mandatory registration under Section 17 of this act can be used in the proceeding. The document in question was a mortgage deed that was not registered. It was observed that a suit for recovery based on an unregistered mortgage deed is bound to fall because the purpose of the mortgage deed is to prove the mortgage. The unregistered mortgage deed can only be used for collateral purposes as per Section 49 of the Registration Act.

The unregistered deed can only be used by the plaintiff in a suit for possession and not in a suit for redemption to prove the nature of possession. Thus, Section 49 of the Act cannot be used for availing any benefit in a suit for redemption. Collateral purpose connotes a purpose other than that for creating, assigning, declaring, extinguishing or limiting a right to an immovable property; documents requiring compulsory registration under the Registration Act, 1908, can be used for collateral purpose . In the case of Tek Bahadur Bhujil v. Debi Singh Bhujil AIR 1966 SC 292 The court held that where a document regarding family arrangement is made in writing with the purpose of using it as a proof then such a document would require mandatory registration as the document would amount to document of title declaring for future the various rights or claims or properties each member of the family would acquire and enjoy.

Why registration of documents is important?

The Registration Act, 1908 was implemented to provide discipline and public notice concerning transactions in relation to immovable property. The Act provides for mandatory registration of certain documents to protect them from any type of fraud.
It acts as a valid proof and aids a person in taking a legal action during any dispute.
It ensures transparency in deals.
It’s easier to find out if there’s any impediment or ongoing litigation with regard to a property if the document is registered.

Registration of documents is mandatory to prevent any property dispute. The necessary documents must be properly registered by following the procedure mentioned under this Act otherwise it may become invalid. It also provides for a proper administration in the court system within a definite time frame.

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Apr 26, 2020

Effects of an Unregistered Lease Deed: a Settled Position in Law

Updated: Jun 2, 2020

Utkarsha Nikam, Government Law College, Mumbai (presently working with the Real Estate Team of Kanga & Company, Mumbai)

Definition: Lease under Transfer of Property Act, 1882

Section 105 of the Transfer of Property Act, 1882 states the definition of a lease which states that it is a transfer of immovable property for a particular time period for a consideration of which the transferee has accepted the terms surrounding the agreement. A transfer of a right to enjoy a property in consideration of a price paid or promised to be rendered periodically or on specified occasions is the basic fabric for a valid lease. The provision says that such a transfer can be made expressly or by implication. Once there is such a transfer of right to enjoy the property a lease stands created.

According to section 107 of the transfer of property act, a lease for the period of more than one year or of year to year or reserving of yearly rent must be registered. An unregistered lease may cause a severe effect on the enforcement of the right. Such deed shall not be admitted in evidence. You cannot ask for specific performance of the contract from unregistered lease deed. An unregistered lease deed renders the lease into a month to month.

Requirement for Compulsory Registration

Expanding the scope of the requirement for compulsory registration, the Apex Court in Raghunath v. Kedarnath[ AIR 1969 SC 1316 ], held-

“by the enactment of Act 21 of 1922 which by inserting in Section 49 of the Registration Act the words “or by any provision of the Transfer of Property Act, 1882” has made it clear that the documents in the supplemental list i.e. the documents of which registration is necessary under the Transfer of Property Act but not under the Registration Act fall within the scope of Section 49 of the Registration Act and if not registered are not admissible as evidence of any transaction affecting any Immovable property comprised therein, and do not affect any such immovable property.”

Accordingly, it was held that the document in question was not admissible as evidence of any transaction affecting the immovable property.

Obligation for payment of Stamp Duty

If it has not been specifically agreed to in the lease agreement between the parties executing it, it is the responsibility of the lessee to pay the applicable stamp duty.

Implications on payment of insufficient stamp duty

If proper stamp duty is not paid on lease instruments, any government authority competent to take evidence on oath can impound it and send it to the jurisdictional Collector of Stamps for adjudication and payment of proper stamp duty, along with a penalty which may extend up to ten times of the deficient stamp duty amount. Further, if in court proceedings, the court comes to the conclusion that the instrument is not properly stamped with applicable duty, it would not be admissible as evidence until the stamp duty (with penalties) as adjudicated by the Collector of Stamps is fully paid.

Effect of an unregistered lease agreement for a year or term exceeding one year

If a lease agreement which requires mandatory registration is not registered by the parties, it cannot be received as evidence of any of the agreed terms and conditions affecting the leased property contained therein, whatsoever, except for certain limited purposes including, inter alia in suits for specific performance or merely as evidence of a collateral or correlated transaction.

The provisions of the Registration Act, 1908 (“Registration Act”) and the Transfer of Property Act, 1882 (“TOPA”) set out the law governing registration of lease deeds. Section 17 of the Registration Act states that leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent must be registered compulsorily. Further, section 107 of the TOPA states that a lease of immoveable property from year to year or for any term exceeding one year or reserving a yearly rent can only be made by a registered instrument. All other leases of immoveable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession.

Case Analysis

The position of law with respect to registration as provided in the Registration Act and the TOPA has been reiterated by the Supreme Court of India (“Supreme Court”) in various cases. In Anthony v. KC Ittoop and Sons and Others ((2000) 6 SCC 394; AIR 2000 SC 3523), the Supreme Court had considered whether an unregistered lease deed can create a lease. The Court held that an unregistered instrument cannot create a contractual lease due to the three-pronged statutory restrictions under law but that the existence of a lease can be presumed from the conduct of the parties. The Supreme Court held:

“A transfer of right in the building for enjoyment, of which the consideration of payment of monthly rent has been fixed, can reasonably be presumed.”

In Burmah Shell Oil Distributing now known as Bharat Petroleum Corporation Ltd. v. Khaja Midhat Noor & Ors (AIR 1988 SC 1470), the Supreme Court held that a lease for a period exceeding one year can only be created by a registered instrument. In the absence of a registered instrument, the lease shall be a month to month lease. The Supreme Court held:

“…since the lease was for a period exceeding one year, it could only have been extended by a registered instrument executed by both the lessor and the lessee. In the absence of registered instrument, the lease shall be deemed to be “lease from month to month”.

It is clear from the very language of section 107 of the Act which postulates that a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. In the absence of registered instrument, it must be a monthly lease.

This has also been reiterated in the more recent case of Park Street Properties (Pvt.) Ltd. v. Dipak Kumar Singh and Ors. (AIR 2016 SC 4038) where it was held that in the absence of registration, a month-to-month lease is created which is governed by section 106 of TOPA.

Validity of an Arbitration Clause in an unregistered Lease Deed

M/s Dharmaratnakara Rai Bahadur v. M/s Bhaskar Raju & Brothers [Judgment dated February 14, 2020 in Civil Appeal No. 1599/2020]

This case involved two parties who disputed whether a document executed between them was a lease deed or an “agreement to lease”, and whether arbitration could be invoked under the said document. The Court held that when a lease deed or any other instrument is relied upon as containing the arbitration agreement, the Court is required to consider at the outset, whether the document is properly stamped or not.

The contractual terms stated in an unregistered lease deed for a term exceeding one year cannot be relied on by the parties as the lease deed will be void. However, there is one exception – an arbitration clause. In SMS Tea Estates Private Limited v. Chandmari Tea Company Private Limited ((2011) 14 SCC 66), the Supreme Court had held that

An arbitration agreement does not require registration under the Registration Act. Even if it is found as one of the clauses in a contract or instrument, it is an independent agreement to refer the disputes to arbitration, which is independent of the main contract or instrument. Therefore having regard to the proviso to Section 49 of Registration Act read with Section 16(1)(a) of the Act, an arbitration agreement in an unregistered but compulsorily registrable document can be acted upon and enforced for the purpose of dispute resolution by arbitration .

An arbitration agreement in the lease deed is a collateral term relating to the resolution of disputes and independent of the other terms of the contract. It further held that the arbitration clause is unrelated to the transaction affecting the immovable property contained therein and therefore even if the deed is challenged as not valid or unenforceable, the arbitration agreement would remain unaffected for the purposes of resolution of disputes arising with reference to the deed.

Taking into account this non-payment of stamp duty, and relying on its landmark judgment in SMS Tea Estates Private Limited v. Chandmari Tea Company Private Limited, (2011) 14 SCC 66, the Supreme Court reiterated that when an arbitration agreement was contained in a document which was not duly stamped, it should be impounded and the court could not act upon such a document nor the arbitration clause therein.

The parties usually in order to avoid payment of stamp duty and registration costs, decide not to register the lease deeds. However, if a dispute arises the parties do not have any legal recourse from the court of law as the unregistered lease deeds are void. However, in the case wherein there is a delivery of property and rent is received (referred to as monthly lease) can be terminated by giving 15 (fifteen) days notice. However, it is in the best interest of the parties that they should register the Lease Deeds if the arrangement for the lease is for a year or exceeding a year.

Published Papers

Deed of Assignment (for Intellectual Property)

In the realm of intellectual property, a Deed of Assignment is a formal legal document used to transfer all rights, title, and interest in intellectual property from the assignor (original owner) to the assignee (new owner). This is crucial for the correct transfer of patents, copyrights, trademarks, and other IP rights. The deed typically requires specific legal formalities, sometimes notarization, to ensure it is legally enforceable.

To be legally effective a deed of assignment must contain:

Title of the Document : It should clearly be labeled as a "Deed of Assignment" to identify the nature of the document.
Date : The date on which the deed is executed should be clearly mentioned.
Parties Involved : Full names and addresses of both the assignor (the party transferring the rights) and the assignee (the party receiving the rights). This identifies the parties to the agreement.
Recitals : This section provides the background of the transaction. It typically includes details about the ownership of the assignor and the intention behind the assignment.
Definition and Interpretation : Any terms used within the deed that have specific meanings should be clearly defined in this section.
Description of the Property or Rights : A detailed description of the property or rights being assigned. For intellectual property, this would include details like patent numbers, trademark registrations , or descriptions of the copyrighted material.
Terms of Assignment : This should include the extent of the rights being transferred, any conditions or limitations on the assignment, and any obligations the assignor or assignee must fulfill as part of the agreement.
Warranties and Representations : The assignor typically makes certain warranties regarding their ownership of the property and the absence of encumbrances or third-party claims against it.
Governing Law : The deed should specify which jurisdiction's laws govern the interpretation and enforcement of the agreement.
Execution and Witnesses : The deed must be signed by both parties, and depending on jurisdictional requirements, it may also need to be witnessed and possibly notarized.
Schedules or Annexures : If there are detailed lists or descriptions (like a list of patent numbers or property descriptions), these are often attached as schedules to the main body of the deed.

Letter of Assignment (for Trademarks and Patents)

This is a less formal document compared to the Deed of Assignment and is often used to record the assignment of rights or licensing of intellectual property on a temporary or limited basis. While it can outline the terms of the assignment, it may not be sufficient for the full transfer of legal title of IP rights. It's more commonly used in situations like assigning the rights to use a copyrighted work or a trademark license.

For example, company X allows company Y to use their trademark for specific products in a specific country for a specific period.

At the same time, company X can use a Letter of Assignment to transfer a trademark to someone. In this case, it will be similar to the Deed of Assignment.

Intellectual Property Sales Agreement

An IP Sales Agreement is a detailed contract that stipulates the terms and conditions of the sale of intellectual property. It covers aspects such as the specific rights being sold, payment terms, warranties regarding the ownership and validity of the IP, and any limitations or conditions on the use of the IP. This document is essential in transactions involving the sale of IP assets.

However, clients usually prefer to keep this document confidential and prepare special deeds of assignment or letter of assignment for different countries.

IP Transfer Declaration

In the context of intellectual property, a Declaration is often used to assert ownership or the originality of an IP asset. For example, inventors may use declarations in patent applications to declare their invention is original, or authors may use it to assert copyright ownership. It's a formal statement, sometimes required by IP offices or courts.

When assigning a trademark, the Declaration can be a valid document to function as a proof of the transfer. For example, a director of company X declares that the company had sold its Intellectual Property to company Y.

Merger Document

When companies or entities with significant IP assets merge, an IP Merger Document is used. This document outlines how the intellectual property owned by the merging entities will be combined or managed. It includes details about the transfer, integration, or handling of patents, copyrights, trademarks, and any other intellectual property affected by the merger.

In all these cases, the precise drafting of documents is critical to ensure that IP rights are adequately protected and transferred. Legal advice is often necessary to navigate the complexities of intellectual property laws.

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Drafting a Deed of Assignment

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Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom. Also note: This is not legal advice.

Introduction

A Deed of Assignment is a vital legal document used to transfer rights, interests or assets between parties. It is regularly used in business transactions, and often regarding real estate or intellectual property. A well-crafted deed of assignment can protect both sides from potential legal disputes, ensuring that everyone involved understands their obligations and responsibilities.

The Genie AI team has seen many instances where having a valid deed of assignment can make all the difference - without it businesses could be exposed to considerable risk. That’s why we offer free templates and step-by-step guides to help those wishing to draft their own deed.

When creating a Deed of Assignment it is important to take the specific circumstances into account - any changes or additions should be accurately documented and agreed by all involved parties beforehand. Furthermore, it is essential that the terms are clearly written out in an unambiguous way so every party knows exactly what they have signed up for. Beyond protecting both sides’ interests, this type of agreement can also be used for copyright assignments, leases, debt transfers and trusts.

Before signing on the dotted line it’s also critical that executing such documentation is done properly - all parties must sign in the presence of a witness who will also affix their signature and date the document accordingly. Once this process has been completed filings must then be made with any relevant government authorities whenever necessary (especially in cases involving real estate or intellectual property transfers).

In summary, drafting a Deed of Assignment not only safeguards everyone’s best interests but also provides additional benefits depending on its use case - reading through our step-by-step guidance below should provide you with more information on how to access our template library today and start benefitting from its advantages without needing to sign up for an account with Genie AI first!

Definitions (feel free to skip)

Legal Binding: When a legally binding document is used, it means that all parties involved are legally obligated to follow the terms and conditions set forth in the document.

Assignor: The assignor is the person who is transferring rights, interests or assets to someone else.

Assignee: The assignee is the person who is receiving the rights, interests or assets from the assignor.

Witness: A witness is an independent third-party who is present when a document is signed, in order to ensure that the process is completed in a secure and legally binding manner.

Stamp: A stamp is an official seal or mark that is used to verify and authenticate a document.

Tax: A tax is a sum of money that is paid to a government or public authority.

Duty: Duty is an obligation or responsibility assigned to someone.

Defining the Deed of Assignment

What is a deed of assignment and what is its purpose, parties involved, who needs to be involved in the making of a deed of assignment, drafting the deed, determine what kind of deed of assignment needs to be drafted, consider the subject matter to be assigned in the deed, research the legal requirements for the kind of deed to be drafted, draft the deed of assignment in accordance with the legal requirements, executing the deed, check that the parties to the deed are correctly identified, confirm that the deed is correctly signed and dated by all parties, confirm that the deed is witnessed by an independent third party, have the deed of assignment properly executed by all parties, registration, determine whether the deed of assignment needs to be registered, if registration is necessary, confirm the registration procedures, take necessary steps to register the deed of assignment, considerations, consider any applicable tax or stamp duty implications of the deed of assignment, consider any restrictions or limitations on the rights being assigned, consider whether the deed of assignment needs to be registered in any public records, common mistakes, not accurately identifying all of the parties to the deed, not having the deed properly executed by all parties, not having the deed witnessed by an independent third party, not considering any applicable tax or stamp duty implications, not considering any applicable restrictions or limitations on the rights being assigned, record keeping, ensure that the original deed of assignment is securely stored, create a digital copy of the deed and store it in a secure manner, review the deed of assignment to ensure accuracy, confirm that all steps have been completed correctly, seek advice from legal professionals if necessary, get started.

Establish the parties involved in the Deed of Assignment
Identify the property or service being assigned
Specify the terms of the assignment
Ensure the Deed of Assignment is properly witnessed
Check that all signatures are valid

When you have completed the steps above, you will have successfully defined the Deed of Assignment and can proceed to the next step.

A deed of assignment is a legal document that is used to transfer the rights and responsibilities of one party (the assignor) to another party (the assignee)
It is used to transfer contractual rights and obligations between parties
It should include information such as the names of the parties, the date of the assignment, and the description of the rights transferred
You will know that you have completed this step when you have an understanding of what a deed of assignment is and why it is used.
Identify the party transferring their rights (the assignor) and the party receiving the rights (the assignee)
Draft the deed in the name of both parties, including full names and contact details
Ensure the deed is signed by both the assignor and assignee
Once the deed is signed, the parties should exchange copies of the document

Once the assignor and assignee have been identified and the deed has been drafted and signed, you can check this step off your list and move on to the next step.

Identify the parties involved in the Deed of Assignment. This would typically include the assignor (the party transferring their rights or interest) and the assignee (the party receiving the rights or interest).
Ensure that all parties involved have the legal capacity to enter into a contract.
When all parties have been identified and their legal capacity has been verified, you can check this step off your list and move on to drafting the Deed.
Read the applicable laws in your jurisdiction to determine the required language and structure of the Deed of Assignment
Gather the necessary information on the parties, the asset being assigned, and other relevant details
Draft the Deed of Assignment, taking into account all the necessary details
Make sure the language is clear and unambiguous
Have the Deed of Assignment reviewed by a legal professional
When the Deed of Assignment has been drafted and reviewed, you can move on to the next step.
Identify the type of assignment that needs to be drafted and the legal requirements that need to be satisfied
Consider the purpose of the Deed and the rights and obligations of the parties to the Deed
Determine if the Deed is for an absolute or conditional assignment
Consider if the Deed should be an express or implied assignment
Determine if the Deed needs to be in writing or if it can be oral
Check the applicable laws in your jurisdiction to ensure that you are drafting a valid Deed
Check if there are any additional requirements that need to be included in the Deed

When you can check this off your list: Once you have identified the type of assignment and the relevant legal requirements, you can move on to considering the subject matter to be assigned in the Deed.

Identify the subject matter of the Deed of Assignment, such as a patent, trademark, copyright, or other intellectual property
Assess the value of the subject matter and any associated liabilities
Understand the relationship between the assignor and assignee
Have all necessary documents, such as a purchase agreement, to provide more detail about the assignment

Once you have identified the subject matter of the Deed of Assignment, assessed its value, understand the relationship between the assignor and assignee, and gathered any additional documents, you can move onto the next step of researching the legal requirements for the kind of Deed to be drafted.

Research the relevant legislation, case law, and other materials related to the Deed of Assignment to be drafted
Consult with a lawyer familiar with the relevant law to understand the requirements
Take detailed notes on the legal requirements that must be adhered to in the Deed of Assignment
Once you have all the necessary information, double-check that you understand the requirements before moving on to the next step.
Prepare the text of the Deed, ensuring that all relevant information regarding the parties, the subject matter, and the consideration is included
Check to make sure the language conforms with relevant laws and regulations
Have the Deed reviewed by a solicitor to ensure that it complies with all legal requirements
Once the Deed has been approved by a solicitor, have the parties sign the document
Once the Deed has been signed by both parties, make multiple copies and ensure each party has a copy
This step is complete once the Deed has been signed and each party has a copy of the document.
Ensure both parties sign the Deed of Assignment in the presence of two witnesses who are over the age of 18 and not parties to the Deed
Have both parties sign the deed in the presence of two witnesses and have the witnesses sign the deed to attest to witnessing the signature of the parties
Check that the parties have signed the Deed in the presence of the witnesses by noting the signatures and the dates of signature in the execution clause of the Deed
Once the Deed has been executed, have the parties date and keep a copy of the Deed in a secure place
You will know that you have completed this step when the Deed has been properly executed by the parties in the presence of two witnesses.
Identify all parties to the Deed and verify that their details are correct.
Ensure that all parties to the Deed are identified in the document and that the details of each party are accurate and up-to-date.
Check that the names, addresses and contact details of each party are correct.
Once you have verified that the parties and their details are correctly identified, you can move on to the next step.
Check that all parties have signed the Deed in the correct place, and that the date of signature is correct
Ensure that each party has signed the Deed in the presence of an independent witness
Check that all parties have signed the Deed with their full name and title, if applicable
Confirm that the date of signature is correct and that all parties have signed on the same date
Once you have verified that all parties have correctly signed and dated the Deed, you can proceed to the next step.
Ensure that the Deed is witnessed by an independent third party who is not a party to the Deed.
Ask the third party to sign the Deed and provide their name, address, occupation and date of signing.
Check that the third party has signed and dated the Deed.
Once the above is complete, you can check this step off your list and move on to the next step.
Obtain signatures from all parties on the deed of assignment, ensuring that each party signs in the presence of a witness
Have an independent third party witness each party’s signature
Ensure that all parties have a valid form of identification, such as a driver’s license or passport, available for inspection by the witness
Ensure that all parties sign the deed of assignment in the presence of the witness
Obtain the witness’ signature, confirming that all parties signed in the presence of the witness
You will know this step is completed once all parties have signed the deed of assignment and the witness has signed confirming they were present during the signing.
Obtain a copy of the executed Deed of Assignment from all parties
Contact the relevant state or territory office to determine whether the Deed of Assignment needs to be registered
If registration is required, complete the necessary forms, pay the registration fee, and submit the required documents
Once the Deed of Assignment is registered, the registrar will issue a certificate of registration
Check off this step when you have received and reviewed the certificate of registration.
Research the applicable laws and regulations in the relevant jurisdiction to decide if the Deed of Assignment needs to be registered
Consult a legal professional if unsure
When you have the answer, you can move on to the next step.
Confirm what type of Deed of Assignment requires registration with the relevant government agency or registry.
Research the registration procedures and the requirements you must meet in order to register the Deed of Assignment.
Obtain any fees or additional documents that are necessary to complete the registration process.
Ensure that all parties to the Deed of Assignment understand the registration process and the requirements for completing it.

You can check off this step once you have researched and confirmed the registration procedures for the Deed of Assignment.

Gather the necessary documents for registration, such as the Deed of Assignment, supporting documents, and the applicable fee
Visit the registration office to register the Deed of Assignment
Submit the necessary documents to the registration office
Pay the applicable fee
Obtain a copy of the registered Deed of Assignment
Upon completion of the above steps, you can check this off your list and move on to the next step.
Review and understand the nature of the rights and obligations being assigned
Determine if there are any restrictions or limitations in the assignment
Assess if any approvals are needed from third parties before the assignment is valid
Confirm that the assignor has the right to assign the interest being transferred
Check to see if the assignee has the necessary capacity to accept the assignment
Analyze if the assignment is subject to any applicable laws or regulations
Determine if any additional documentation is needed to support the assignment
Once you have considered all of the above, you can proceed with drafting the Deed of Assignment.
Check with your local taxation authority or a qualified tax professional to see if the Deed of Assignment is subject to any taxes or stamp duty.
Ensure that the Deed of Assignment includes any required taxes or stamp duty payments.
Check to see if the tax or stamp duty implications vary by jurisdiction.
Once you’ve considered the tax or stamp duty implications, you can move on to the next step.
Identify any restrictions or limitations that could affect the transfer of rights in the Deed of Assignment
Consider whether there are any legal restrictions that must be observed in the transfer of the rights being assigned
Research any relevant industry standards or regulations to ensure that the restrictions or limitations on the rights being assigned are compliant
Ensure that the Deed of Assignment clearly outlines the restrictions or limitations of the rights being assigned
When all restrictions or limitations on the rights being assigned are taken into consideration, checked for compliance and outlined in the Deed of Assignment, this step is complete.
Consider whether the Deed of Assignment needs to be registered with any government or public agencies.
Determine if any registration is required or optional.
Research the relevant regulations and laws to ensure that the assignments are properly recorded.
Check any local requirements or restrictions.
Once you have determined that the Deed of Assignment does or does not need to be registered, you can move on to the next step in the process.

• Read over the Deed of Assignment twice to make sure you’re accurately identifying all of the parties to the Deed. Make sure you include the full names and addresses of the assignor and assignee, as well as any other relevant parties. • Check that the legal description of the subject property is accurate. • Ensure that the consideration (the amount being exchanged for the assignment) is stated clearly and accurately. • Make sure that the names of the initial parties to the Deed are also included in the recitals. • Ensure that the recitals and the express terms of the Deed are consistent with one another. • Make sure that the Deed is signed, notarized, and delivered in accordance with state law.

Once you’ve completed the above steps, you can check off this task and move on to the next step in the guide.

Identify the assignor and assignee. The assignor is the party transferring their rights and the assignee is the party receiving the rights.
Check all of the details are correct. This includes the names, addresses and other contact information for both parties.
Draft the deed to ensure that the assignor and assignee are accurately identified.
You can check this off your list and move on to the next step once you have confirmed that the assignor and assignee have been accurately identified in the deed.
Ensure that all parties to the Deed have read, understood and agreed to the terms and conditions of the agreement.
Have all parties affix their signature to the Deed and the accompanying documents.
Check that all the signatures are dated and in the presence of a witness.
When all parties have properly executed the Deed, you can move on to the next step.
Ensure all parties have signed the Deed in the presence of a witness.
The witness must be an independent third party who is not a party to the Deed.
The witness must sign each page of the Deed that contains a party’s signature.
The witness must also include their full name, address and occupation on the Deed.
Once all of the above requirements are met, then you can check this off your list and move on to the next step.
Determine the applicable taxes or stamp duty implications for the Deed of Assignment.
Research any applicable taxes or stamp duty fees for the Deed of Assignment.
Calculate the applicable taxes or stamp duty fees for the Deed of Assignment.
Make sure to include the applicable taxes or stamp duty fees in the Deed of Assignment.

Once you have determined the applicable taxes or stamp duty implications for the Deed of Assignment, and included them in the Deed of Assignment, you can move on to the next step.

Determine the rights that you are assigning and review any applicable laws or regulations to ensure that the assignment of such rights is permitted.
Consider any applicable contractual restrictions or limitations on the rights being assigned, such as any applicable confidentiality obligations or restrictions on the transfer of rights.
Once you have determined that the assignment of the rights is permitted and there are no applicable restrictions or limitations, you can proceed to the next step of recording keeping.
Create a record of the Deed of Assignment, including the date it was executed, by each party
Maintain a copy of the Deed of Assignment in a secure place
Record any additional related documents, such as any security documents, release documents, or other agreements
When all of the above have been done, you can check this off your list and move on to the next step.
Obtain a physical copy of the original Deed of Assignment
Ensure the original Deed is signed by both parties
Keep the original Deed in a safe and secure place, such as a locked filing cabinet or safe
Make sure the document is stored in a location that is accessible to both parties
Ensure that the original Deed is not destroyed or tampered with in any way

You can check this off your list and move on to the next step once the original Deed of Assignment is safely stored in a secure location.

Scan or take a digital photo of the original Deed of Assignment and save it to a secure location.
Ensure that the digital copy is readable and clearly displays all of the information contained in the original document.
Ensure that the digital copy is stored in a secure location, preferably on a cloud-based storage system or other secure server.
Make sure that only authorized personnel have access to the digital copy of the Deed.
When finished, you will have created a digital copy of the Deed and stored it in a secure manner.
Read over the Deed of Assignment to ensure accuracy
Make sure all details are correct, and all parties are named
Verify that all signatures are complete and accurate
Make sure the date of the assignment is correct
Check that the document is formatted and laid out correctly
Once you are satisfied with the accuracy of the Deed of Assignment, you can move on to the next step.
Read through the entire document to make sure all the information is correct
Double check that the names and details of the parties involved are spelled correctly
Ensure that all the dates are accurate, and that any and all parties have signed the deed in the right places
Check that the terms and conditions in the deed are consistent with the agreement between the parties
When you have verified all the details, you can check this off your list and move on to the next step.
Check the Deed of Assignment to ensure that all required elements are present, including accurate information and signatures of all parties.
Verify that any and all attachments to the Deed of Assignment are included and accurate.
Ensure that all dates, signatures, and other pieces of information are accurate and up-to-date.
Once you’ve confirmed that all of the steps have been completed correctly, you can move on to the next step.
Seek professional advice from a lawyer or other legal professional to ensure that the deed of assignment is legally binding and enforceable.
Request that the legal professional checks that all steps have been completed correctly, and that the deed of assignment meets all requirements under local law.
Ask the legal professional to provide you with written advice on any changes or revisions that may be necessary to make the deed of assignment valid and enforceable.
Once the legal professional has confirmed that the deed is legally sound, you can check off this step and proceed with the next one.
Research legal professionals who are able to provide advice and assistance with the drafting of a deed of assignment
Contact the legal professionals to discuss the specific requirements and details of the deed of assignment
Ask the legal professionals if they are able to provide advice and assistance with the deed of assignment
Receive advice from the legal professionals and make changes to the deed of assignment accordingly
Once you are satisfied with the changes to the deed of assignment, you can move on to the next step.

Q: Does a Deed of Assignment need to be signed?

Asked by John on April 23rd 2022. A: Yes, a Deed of Assignment needs to be signed by both the assignor and the assignee in order for it to be legally binding. The signatures should be witnessed and dated, and should be in front of an independent witness who is not related to either party. It is also important to include the relevant clauses and provisions in the deed, as these will set out the rights and obligations of each party.

Q: What is the difference between an assignment and a novation?

Asked by Sarah on July 29th 2022. A: An assignment is a transfer of rights or obligations from one party to another, while a novation is a transfer of rights or obligations from one party to another with the consent of all parties involved. An assignment does not necessarily require the consent of all parties, while a novation always requires the consent of all parties. Additionally, an assignment can transfer rights or obligations without necessarily extinguishing any pre-existing agreements, while a novation extinguishes any pre-existing agreements.

Q: Is a Deed of Assignment legally binding in different jurisdictions?

Asked by Tyler on October 17th 2022. A: Yes, a Deed of Assignment can be legally binding in different jurisdictions, though the exact requirements for validity may differ from jurisdiction to jurisdiction. In general, however, a Deed of Assignment needs to be signed by both parties and witnessed by an independent third party in order for it to be legally binding. Additionally, the deed should include all relevant clauses and provisions that are applicable in each jurisdiction.

Q: Are there any tax implications when drafting a Deed of Assignment?

Asked by Emma on January 15th 2022. A: Yes, there are tax implications that need to be taken into account when drafting a Deed of Assignment. Depending on the jurisdiction and specific tax laws, there may be tax implications for both parties if they are transferring rights or obligations under the deed. It is important to seek professional tax advice before entering into any agreement that involves transferring rights or obligations between parties as this could have significant financial implications for all involved.

Q: Do I need legal advice when drafting a Deed of Assignment?

Asked by Jacob on June 5th 2022. A: While it is not necessary to seek legal advice when drafting a Deed of Assignment, it is generally recommended in order to ensure that all relevant legal requirements are satisfied and that all involved parties are aware of their rights and obligations under the deed. It is also important to make sure that all language used in the deed is clear and unambiguous so that it can easily be understood by all parties involved.

Q: How can I ensure that my Deed of Assignment is valid?

Asked by Michael on August 28th 2022. A: In order for your Deed of Assignment to be valid, it must meet certain legal requirements which vary between jurisdictions. Generally speaking, your deed should include all relevant clauses and provisions applicable in your jurisdiction as well as signatures from both parties which should be witnessed by an independent third party who is not related to either party involved. Additionally, any language used within the document should be clear and unambiguous so that it can easily be understood by all involved parties.

Q: What information do I need to provide when drafting a Deed of Assignment?

Asked by Ashley on November 10th 2022. A: When drafting a Deed of Assignment, you will need to provide information about both parties involved such as their names, addresses, contact details and any other relevant information required under applicable laws in your jurisdiction. Additionally, you will need to include any relevant clauses or provisions applicable in your jurisdiction which will set out the rights and obligations of each party under the deed as well as any other information required for the document to be legally binding.

Q: What are common mistakes made when drafting a Deed of Assignment?

Asked by Joshua on February 20th 2022. A: One common mistake made when drafting a Deed of Assignment is failing to include all relevant clauses or provisions applicable in your jurisdiction which set out the rights and obligations of each party involved in the agreement. Additionally, failing to have the document signed by both parties or witnessed by an independent third party can render the document invalid or unenforceable under applicable law in some jurisdictions. Moreover, using ambiguous language within the document can also lead to misunderstandings and disputes further down the line which could be avoided if clear language was used throughout the document instead.

Example dispute

Lawsuit referencing a deed of assignment.

The plaintiff may raise a lawsuit if they have been wronged by the defendant in a way that is outlined in the deed of assignment.
For example, the deed of assignment may outline that the defendant is responsible for paying a certain amount of money to the plaintiff, and the defendant has failed to do so.
The plaintiff may also raise a lawsuit if the defendant has failed to adhere to any other obligations laid out in the deed of assignment.
The plaintiff would need to prove that the defendant has breached the deed of assignment in order to win the lawsuit.
If successful, the plaintiff may be able to obtain a judgment in their favor, which may require the defendant to pay the plaintiff the money they are owed.
In addition, the plaintiff may be able to seek other damages, such as punitive damages, if the breach of the deed of assignment was particularly egregious.
Depending on the severity of the breach, the plaintiff may also be able to seek an injunction to prevent the defendant from continuing to breach the deed of assignment.
Settlement of the dispute may also be possible, wherein the defendant agrees to pay a certain amount of money to the plaintiff, or agrees to adhere to the obligations laid out in the deed of assignment.

Templates available (free to use)

Deed Of Assignment For Rent Deposits Occupation Lease Deed Of Assignment Of Benefit Of Claim For The Freehold Or Extended Lease House Under Section 8 Or Section 14 Deed Of Assignment Of Equitable Interest In Residential Land Deed Of Assignment Of Goodwill And Intellectual Property Rights Transfer Of A General Partnership To An Llp Deed Of Assignment Of Property Sale Benefits [Section 42 Deed Of A

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What is a Deed of Assignment and the Foolish Risk your taking for not having a Deed of Assignment for your Land

By omonilelawyer | july 15, 2017 | 43,139 | 39.

A deed of Assignment is one of the most important documents YOU MUST HAVE when you conclude a Land Transaction. In fact it baffles me that 6 out of 10 people I know who have bought lands in the past have no deed of assignment . They are always the first to complain that Omonile has defrauded them but they have no proof to show the property has been sold to them other than a receipt.

It’s funny that everyone has the title documents to their car showing who the seller was and how it was transferred from the Seller of that car to you the new owner but when it comes to landed properties which are 10 times more valuable than cars, we fail to ask for this one simple important document that can prove ownership of that land. What then is this all important deed of Assignment I am alluding to? This can be found from the following definitions below:

A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to that the Seller that has just bought land.

The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller . The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.

A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.

Signing a Deed of Assignment and having that Deed is your number 1 evidence against another person that is trying to claim ownership of that same land too. If you have a land and no deed yet, i feel sorry for you! Better consult your Lawyer to go draft one for you now to save yourself future problems

In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance.

The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner . Such Key issues include:

1. The Parties’ to the Agreement e.g between Mr A and Mrs K

2. The addresses of both parties and how it is binding on their successors, friends, colleagues and those representing them in any capacity.

3. The history of the land in question how it was first obtained down to the moment its about to be sold including and documents it previously had till this date

4. The agreed cost of the land and the willingness of the Seller to finally accept that price paid for the land

5. The description and size of the land to be transferred.

6. The covenants or promises both parties choose to undertake to perfect the transfer of the document

7. The signature of the parties to the Assignment and Witnesses to the Transaction

8. Finally the section for the Commissioner of Oaths or Governors Consent to sign and validate the agreement.

These are the important features of a Deed of Assignment and must be included in all Documents for it to be valid. Don’t listen to any Omonile who tells you he doesn’t or the family doesn’t sign a deed of assignment and that it is only a receipt you need. He is only looking for a way to resell your land to another person and to use receipt as a ploy to prevent you from establishing true ownership of your land.

Always consult a property lawyer before you buy a land to help prepare a deed of assignment. It will be your greatest mistake if you don’t have one. Below is a sample deed of assignment and how it looks so that you don’t fall victim of land swindlers

SAMPLE DEED OF ASSIGNMENT

The Cover of the Deed of Assignment must show the parties to the transaction and the description of the land sold

The first page of the Deed of Assignment must contain the parties to the transaction and the brief history of how the land became the Sellers property

The third page must contain the description of the land to be sold, the surveyor that did it, the cost of the land, the acceptance of the cost of the land and the promises both parties will make to themselves to abide with after the deal has been sealed.

The last page must show the signatures of the parties and the witnesses to that transaction and finally below , the section for the commissioner of oaths to endorse or the Governor to assent his consent to this transaction

Always consult a property lawyer before entering a legal contract.

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39 comments.

owolabi animashaun

how much is it to obtain governor consent of 3plots of land at okegbegun phase 2.,winner church along laspotech road ikorodu? or if there is C OF O Availiable? thanks

Barr. Matthew Ottah

I need the square meters of the survey plan so that I can fathom out N estimate of what it would cost. Cheers

I have a parcel of Land i had alredy built a 3-Bedroom Bungalow on at Magada behind MFM Prayer City. I only have a Signed Agreement from the One I bought it from. I have paid to the Omonile but yet to get a receipt from them. I have not done a survey yet. Kindly advice.

babatunde Ogunnowo

good morning. what is the difference bewteen a deed of sublease and a deed of assignment? which is preferable 2. what are the cost implications for processing any tyeo of deed. thanks. keep up the good work

Sir, I have plot at ogun state and for the deed of assignment, the land owners said I will pay 100K for them to get it done that there are four signatories to it. The issue now is that the said amount is too much. Pls I need your input on this. Thank You

Matthew Ottah

You need to negotiate with them to reduce the price

Please Mr Ottah can you send your number so I can call to ask for help?

My numbers are everywhere on the site. Cheers

sir,this deed…who is resposible to issusing it,i.e is it part of the document the omonile will give you when you have paid for the land or the buyer contracts a lawyer to draw it up after payment and takes to family(olori ebi) to sign their portions.

Your very correct sir. Both options are the right way to go about it.

how do you know a false land

I wanted to buy a land from one of this estate, I was told the estate has a Global C of O from Ogun state government and that upon payment I will be issued a Deed of Assignment. There after I can do the survey. My questions are: 1. I was told since the Estate has Global C of O, I might not necessarily need individual C of O. 2. What other documents do I need to process apart from the survey. You sincere advice will be appreciated. Thanks

sir, thank you very much sir for your advise, all what u said above is true even i presently find myself in dat situation, i bought just half plot of land from a family representative at abeokuta in which i only collected receipt from them without the deed of assigmnet and i started work on the land, im even through with the foundation about to start the main building. Sir, i will be very glad and happy if you can put me through on what are d next steps to take, though i have printed out all the deed of assignment you pasted up for me to rewrite and give them to sign.

Thanks you very much sir

Hi, I bought a land from a relative of which the land have a c of o under my Anty family name, my question is; 1. Do I have to do personal c of o on my name. 2. is’t secure under my Anty family name. I need an advice, and I will be looking forward to hear back from you because I don’t know what to do before is too late…thanks!

Good evening barrister, Pls must I first so a survey before I do a deed. We Purchased a land and we have just a receipt. Thank you

please is it legal for a non lawyer to prepare a deed of assignment? Thanks.

Please explain to me the difference between Deed of Assignment and Deed of Agreement. I am getting different interpretation and it is confusing. When I buy a family land, which one should I prepare for the family to sign?

They are the same thing sir and perform the same function.

Could you please tell me the importance of that red seal in a deed? What is its significance? How important is it? Thanks

Its of no serious importance in modern day execution of documents. As long as the parties have signed or attested to the documents with their signatures or personal thumbprint, the document is as good as been executed properly. People who use it are mostly Customary Land Families to show how important their signatures are

Giulia Devey

I have a deed of assignment which is signed but the property has an outstanding mortgage on the property. I have been paying this, however it fell into arrears and now the assignor is claiming against me for receiving adverse credit. This person did not take their name off the mortgage therefore would I be liable for her claim in court?

Yes you would because you have chosen to continue paying the outstanding mortgage. Your lawyer should have advised you on the perils of continuing the mortgage payment in your name

Pls. must a land have C of O before Governor conscent can be acquired if purchased from the owner? What happen when the land doesnot have C of O? can the buyer seek to get C of O in place of Governors conscent

Please can a commissioner for oath of Lagos State endorse the dead while the land is situated in ogun state

Can a deed of assignment be prepared for land that does not have C of O yet but which Allocation paper or R of O is ready?

name withheld

my friend bought a property an does not know how much to pay his attorney, the attorney are asking for 500k 180, and claimed they have to bribe some people to get them to follow the deed of assignment , is it a fraud of are the lawyers just trying to be a fraudulent?? thanks and have a good day

Good day Sir, I found this site and info therein helpful. Is it possible for a the seller to issue a 2 Deed of assignment to different person on the sme land.

What is the functional different between C of O and deed of assignment

Two people bought a plot of land. The seller bought it from another person. What documents must the new buyers get? Must each survey his own portion before the agreement?

omonile lawyer, pls i have power of attorney and deed of partition for a piece of land in abuja (4 of us bought and shared the land), do i still need deed of assignment?

Sir, I want you to send a soft copy of deed of assignment to my email. How much would it cost? [email protected]

Good day sir. I bought a plot of land, have a signed deed of assignment. But resently, d surveyor called me that there is need to create a road at my (land) back i.e a plot will b inbetween two roads and that i should shift my pillar and the corner piece. Now, i need ur advice on what to do sir. Thanks. N.B He is d one who sold d land, measured, pegged and put d pillar.

l can get in touch with the company l signed deed of assignment with 4 times no reply to me

Gabriel Joseph

To be honest with you this is really helpful. Thanks

how do I submit my deed of assignment for record purpose

pls sir,I bought a land with power of attorney from estate management.Am I entitle to omonile receipt and deed of assignment?

i have a land which was purchased from the estate developers but i lost all documents to it by an act of God. what can i do

please sir, can u help us with a sample of the shedule page so that i ccan coinfirm that the schedule page of the deed of assignment for my land is made in the right form

Ola Abiodun

I bought a land in my name and wife’s name. I have now built a property on this land and all the paper works including CofO and the plan have our names both. The land and the property was solely bought and built with my money. I understand we both have claim because her name is on the documents.

What do I need to do to take her name off the the property, both the land and the building? Can you also please advise the likely cost?

I look forward to hearing from you

Deed of Assignment and the Notice of Assignment -What is the Difference?

In this article, Richard Gray barrister takes a brief look at the differences between a Deed of Assignment and a Notice of Assignment and the effect of the assignment on the contracting party

At the end of 2020, Elysium Law were instructed to act for a significant number of clients in relation to claims made by a company known as Felicitas Solutions Ltd (an Isle of Man Company) for recovery of loans which had been assigned out of various trust companies following loan planning entered into by various employees/contractors.

Following our detailed response, as to which please see the article on our website written by my colleague Ruby Keeler-Williams , the threatened litigation by way of debt claims seem to disappear. It is important to note that the original loans had been assigned by various Trustees to Felicitas, by reason of which, Felicitas stood in the shoes of the original creditor, which allowed the threatened action to be pursued.

After a period of inertia, Our Clients, as well as others, have been served with demand letters by a new assignee known as West 28 th Street Ltd . Accompanying the demand letters is a Notice of Assignment, by reason of which the Assignee has informed the alleged debtor of the Assignees right to enforce the debt.

Following two conferences we held last week and a number of phone call enquiries which we have received, we have been asked to comment upon the purport and effect of the Notice of Assignment, which the alleged debtors have received. Questions such as what does this mean (relating to the content) but more importantly is the ‘Notice’ valid?

Here I want to look briefly at the differences between the two documents.

There is no need for payment to make the assignment valid and therefore it is normally created by Deed.

The creation of a legal assignment is governed by Section 136 of the Law of Property Act 1925:

136 Legal assignments of things in action.

(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

(a) the legal right to such debt or thing in action;

(b) all legal and other remedies for the same; and

Some of the basic requirements for a legal assignment are;

The assignment must not be subject to conditions.
The rights to be assigned must not relate to only part of a debt, or other legal chose in action.
The assignment must be in writing and signed by the assignor.
The other party or parties to the agreement must be given notice of the assignment.

Notice of assignment

To create a legal assignment, section 136 requires that express notice in writing of the assignment must be given to the other contracting party (the debtor).

Notice must be in writing

Section 136 of the LPA 1925 requires “express notice in writing” to be given to the other original contracting party (or parties).

Must the notice take any particular form?

The short answer is no. Other than the requirement that it is in writing, there is no prescribed form for the notice of assignment or its contents. However, common sense suggests that the notice must clearly identify the agreement concerned.

Can we challenge the Notice?

No. You can challenge the validity of the assignment assignment by ‘attacking the Deed, which must conform with Section 136. In this specific case, the Notice sent by West 28 th Street in itself is valid. Clearly, any claims made must be effected by a compliant Deed and it is that which will require detailed consideration before any right to claim under the alleged debt is considered.

Can I demand sight of the assignment agreement

On receiving a notice of assignment, you may seek to satisfy yourself that the assignment has in fact taken place. The Court of Appeal has confirmed that this is a valid concern, but that does not give an automatic right to require sight of the assignment agreement.

In Van Lynn Developments Limited v Pelias Construction Co [1969]1QB 607 Lord Denning said:

“After receiving the notice, the debtor will be entitled, of course, to require a sight of the assignment so as to be satisfied that it is valid…”

The Court of Appeal subsequently confirmed this stating the contracting party is entitled to satisfy itself that a valid absolute assignment has taken place, so that it can be confident the assignee can give it a good discharge of its obligations

The important document is the Deed of Assignment, which sets out the rights assigned by the Assignor. The Notice of Assignment is simply a communication that there has been an assignment. The deed is governed by Section 136 of the LP 1925. It should be possible to obtain a copy of the Deed prior to any action taken in respect of it.

For more information on the claims by West 28 th Street or if advice is needed on the drafting of a Deed, then please call us on 0151-328-1968 or visit www.elysium-law.com .

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Milton and Cross

Commercial Solicitors

What does a Deed of Assignment mean in Real Estate Transactions?

To appreciate the importance of a deed of assignment, we first have to distinguish Legal ownership of a property from equitable ownership.

What is Legal Ownership?

Legal Ownership or Title refers to ownership that is properly registered with the government. True ownership requires legal title.The documented property owner, as visible through the public records ,is deemed to have the right to use, maintain and control the property . The bundle of rights that comes with land ownership include:

Mineral rights
Easement rights
Development rights
Possession and control
Exclusive use
Conveyance rights
Right of disposition

You may assume that your ownership of a property is complete with legal title, but this is not always the case. Another party may have equitable title, restricting some of the ways you can use and enjoy the property.

What is equitable ownership?

An equitable interest indicates a beneficial interest in the property, which the holder claims on equitable grounds. For example, the interest held by a trust beneficiary. Equitable ownership gives the holder the right to acquire formal legal title; however, it is not “true ownership”. In other words, someone with equitable title could not argue that he or she was the legal owner or possessor of the property in a court of law.

Equitable title does, however, grant the person more consistent control over the property. While equitable title does not actually transfer ownership of the property. It gives the individual or entity the right to the use and enjoyment of the property. When purchasing a piece of property, it is important to gain equitable title. This will come with the right to obtain full ownership and property interest in the future.

The main difference between an equitable title and a legal title is that the latter is the only one that gives actual ownership of the property. You do not acquire legal ownership until you register your deed of assignment with the relevant lands registry.

In order to ensure that your property transaction is complete, you should make sure you sign a Contract of Sale with the Equitable owner of the property, and a Deed of Assignment with the Legal owner of the property. Sometimes, legal and equitable ownership resides in the same person. However, in other situations, legal ownership might reside in one person, while equitable ownership resides in another person. This usually occurs where the seller purchased the property from the Legal owner or someone who purchased from the legal owner.

The Importance of A Deed of Assignment

Now that we understand the distinction between legal and equitable ownership of property, we can examine the importance of a deed of assignment in property transactions.

As we stated above, a deed of Assignment transfers legal ownership of property from one person to another. Upon registration, it serves as a valid root of title to the property. Thus, the purchaser can exercise all the legal rights of an owner.

However, where a deed of assignment is not executed, or the deed is not registered, the buyer only acquires an equitable title. Consequently, this is the maximum title they can transfer to another person. This means the legal owner may still be able to transfer valid legal title to a third party. The courts may uphold the transaction if it is established that the 3rd party purchaser had no notice of the prior transaction.

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DEED OF ASSIGNMENT: EVERYTHING YOU NEED TO KNOW.

A Deed of Assignment refers to a legal document in which an assignor states his willingness to assign the ownership of his property to the assignee. The Deed of Assignment is required to effect a transfer of property and to show the legal right to possess it. It is always a subject of debate whether Deed of Assignment is a contract; a Deed of Assignment is actually a contract where the owner (the “assignor”) transfers ownership over certain property to another person (the “assignee”) by way of assignment. As a result of the assignment, the assignee steps into the shoes of the assignor and assumes all the rights and obligations pertaining to the property.

In Nigeria, a Deed of Assignment is one of the legal documents that transfer authentic legal ownership in a property. There are several other documents like a deed of gifts, Assent, etc. However, this article focuses on the deed of assignment.

It is the written proof of ownership that stipulates the kind of rights or interests being transferred to the buyer which is a legal interest.

Read Also: DIFFERENCE BETWEEN TRANSFER OF PROPERTY THROUGH WILLS AND DEED OF GIFT

CONTENTS OF A DEED OF ASSIGNMENT

Content of a Deed of Assignment matters a lot to the transaction and special skill is needed for a hitch-free transaction. The contents of a deed of assignment can be divided into 3 namely; the introductory part, the second (usually the operative part), and the concluding part.

THE INTRODUCTORY PART: This part enumerates the preliminary matters such as the commencement date, parties in the transaction, and recitals. The parties mentioned in the deed must be legal persons which can consist of natural persons and entities with corporate personality, the name, address, and status of the parties must be included. The proper descriptions of the parties are the assignor (seller) and assignee (buyer). The Recitals give the material facts constituting the background to the current transaction in chronological order.
THE SECOND PART (USUALLY THE OPERATIVE PART): This is the part where the interest or title in the property is actually transferred from the assignor to the assignee. It is more like the engine room of the deed of assignment. The operative part usually starts with testatum and it provides for other important clauses such as the consideration (price) of the property, the accepted receipt by the assignor, the description of the property, and the terms and conditions of the transaction.
The testimonium : this shows that all the parties are involved in the execution of the deed.
Execution : this means signing. The capacity of the parties (either individual, corporate bodies, illiterates) is of great essence in the mode of execution. It is important to note that the type of parties involved determines how they will sign. Example 2 directors or a director/secretary will sign if a company is involved. In the same way, if an association, couple, individual, illiterate, family land (omonile), firm, unregistered association, etc. is involved the format of signature would be different.
Attestation : this refers to the witnessing of the execution of the deed by witnesses.

For a Deed of Assignment to be effective, it must include a column for the Governor of the state or a representative of the Government where the property is, to sign/consent to the transaction. By virtue of Sec. 22 of the Land Use Act, and Sec. 10 Land Instrument Registration Law, the Governor must consent to the transaction.

Do you have any further questions? feel free to call Ibejulekkilawyer on 08034869295 or send a mail to [email protected] and we shall respond accordingly.

Disclaimer: The above is for information purposes only and should not be construed as legal advice. Ibejulekkilawyer.com (blog) shall not be liable to any person(s) for any damage or liability arising whatsoever following the reliance of the information contained herein. Consult us or your legal practitioner for legal advice.

Only 22% of poorest Nigerian households have electricity access –World Bank

07 August 2014

Registration of license / assignment deed under the Patents Act - Mandatory or not?

A license agreement or an assignment deed is an agreement between a right holder and the licensee and/or assignee wherein the right holder permits the licensee and/or assignee to use rights owned by the right holder in exchange for a consideration, whether in the form of a one-time settlement or a periodic royalty.Generally an agreement may be in writing or oral but Section 68 the Patents Act, 1970 (the Act) mandates that the license/assignment agreement shall not be valid unless the same is in writing embodying all the terms and conditions governing the rights and obligations of the parties and are duly executed. Further Section 69 of the Act embodies the procedure for registration of an assignment or license agreement. The questions that arise for discussion are - what is the importance of the registration of a document under Section 69 of the Act and what are the consequences that follow if such registration is not obtained. This issue was adjudicated by the Delhi High Court by order dated 16th April, 2014 in Sergi Transformer Explosion Prevention Technologies Pvt. Ltd . v. Kumar Pratap Anil & Ors. [I.A. No. 16042/2010 in CS (OS) No. 1610/2010].

Factual background

The Plaintiff, Sergi Transformer Technologies Pvt. Ltd. (Sergi Transformer) filed a suit seeking permanent injunction against the Defendants and Mr. Phillipe Magnier (proforma defendant-the patentee) from infringing the Indian Patent No. 189089 (the suit patent) in respect of a “Method and Device for Preventing / Protecting Electrical Transformer against Explosion and Fire”. Sergi Transformer claimed to be the exclusive licensee of the above-mentioned patent by virtue of a license agreement dated 1st August, 2006. Further, it was also averred in the plaint that Sergi Transformer had initiated the process of registration of the license agreement with the Patent Office in Kolkata on 15th March, 2010. During the pendency of said suit, the Defendants filed an application under Order VII Rule 11 read with Section 151 of the Civil Procedure Code, 1908 (CPC) to dismiss the above-mentioned suit on the ground that the suit was not maintainable as the license agreement forming the basis of the said suit was not registered with the Patent office. The primary ground raised by the Defendants was that the license agreement relied upon by the Plaintiff was not a valid legal document as it has not been duly executed and it was a back-dated document that had been created to file the said suit. More importantly it was argued that although the license agreement was signed on 1st August, 2006, with effect from 1st January, 2006; it was not until 15th March 2010, that Sergi Transformer took steps to register the license as required under the Act. Sergi Transformer argued that the non-registration of a license deed does not render it void and it had written to the Controller of Patents under Section 69 of the Act to have the same registered. It was further argued that there is no bar under the provisions of Sections 109 and 69 of the Act to bring the suit against infringement and that post-amendment of the Act there is no time stipulation for filing the application before the patent office for registration of the license deed.

Delhi High Court on the application under Order 7 Rule 11 CPC

The Delhi High Court, relying on judgment of Supreme Court in Liverpool & London S.P. & I Assn Ltd . v. M.V. Sea Success [(2004) 9 SCC 512], observed that at the stage of considering an application under Order 7 Rule 11 of the CPC, the court has to only examine the plaint averments and the list of documents filed along with the suit. The Court thus held that other pleas advanced by parties including pleadings in the written statement have no relevancy in deciding such an application.

Delhi High Court on registration of licenses under the Act

On perusing Sections 68 and 69 of the Act prior to and after the amendment in 2005, the Court observed that the un-amended Section 68 states that, a license or assignment agreement shall have effect from the date of execution, only on registration and an application for such registration has to be filed with the Controller within six months from the date of execution of document. In contrast, post-amendment under Section 69(5) of the Act, the validity of the license or assignment agreement as evidence is to be considered only after the document is registered in the office of the Controller, unless the Controller or the Court direct otherwise with reasons recorded in writing. Further under Section 69 of the Act there is no time prescribed for filing such an application for registration. The Court emphasized on a conjoint reading of Sections 68, 69, 109 and 110 of the Act. Although there exists no bar to file a suit for infringement by the exclusive licensee even if the license agreement is not registered under the Act, in light of the wordings “unless the Controller or the Court....directs otherwise” under Section 69(5) of the Act, the Court clarified that the only case where an un-registered license or assignment agreement shall be admitted in evidence of the title of any person to a patent is if the Controller or the Court specifically directs in this regard in writing. In the instant case, though the Plaintiff had filed the license agreement before the patent office for registration, the Controller had not passed any specific order. Hence, the Court held that unless the agreement is registered or the court passes any such order, the license agreement is not to be considered in evidence by the Court. With respect to the averments on the illegality of the license agreement of Sergi Transformer, the Court held that these issues would be considered by the Patent Office when it decides on Sergi Transformer's application to register the agreement. Although the Court declined to dismiss the suit on the basis of lack of registration of Sergi Transformer's license agreement, the Court directed the Patent Office to decide on the registration of Sergi Transformer's license agreement within 6 months from the date of the order. Further, the Court also directed that all pending applications and suit proceedings in relation to the instant subject matter stand adjourned till the Patent Office passes an order on the registration of Sergi Transformer's agreement.

In the light of the above judgment, it seems that the courts are hesitant to grant any relief whether interim or final, pending registration of the patent license or assignment agreement under the Act. Thus, while it is mandatory to register the license or assignment agreement with the Patent Office, given the huge backlog of applications pending in the patent office for registration of licenses, the practice of staying proceedings pending the determination of registration of the license agreement is a matter of concern for a patentee/licensee. [ The author is an Associate, IPR Practice, Lakshmikumaran & Sridharan, New Delhi ]

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Practical Law

What happens on the assignment of an unregistered lease, that should have been registered?

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Landlord and Tenant
Land Registration

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Consequences of unregistered agreement of assignment of leasehold right

First answer received in 30 minutes .

Lawyers are available now to answer your questions.

1) Z cannot further assign lease hold interest

2) Z cannot register agreement of 1983 after lapse of 25 years

3) Z cannot make any money by creating third party rights on property

Talk to Advocate Ajay Sethi NOW!

1. The right of sub lease is permissible as long as the lessor gives such consent in writing. To give such consent in writing the lessor need not get the consent registered on payment of stamp duty.

2. However deed of assignment of lease requires registration and it can be done even now with retrospective effect from 1983.

3. Payment of rent has nothing to do with vapidity of deed of assignment.

Talk to Advocate Devajyoti Barman

1. No he can't further assign.

2.No you can object the registration.

3.In this case you need to file civil suit with injunction.

No unstamped instruments are bad in law.

As I said the same is illegal and Z can't do it. Approach civil court asap

Talk to Advocate Prashant Nayak

Dar Client,

Performance of unregistered deed is permissible. but it has to be duly stamped so it`s terms are not legally binding.

Yes, by paying penalty but both party should agree not unilaterally by Z. Lease with Z shall be invalid subletting if not permitted to Y to further sub let.

It will govern by TP act and due to unregistered lease deed and shall be terminable by giving 15 days notice, hope it`s not a lease of immovable property for agricultural or manufacturing purposes.

Yes, If they both submit lease for registration by paying penalty.

Talk to Advocate Yogendra Singh Rajawat

Z can at at the highest pay the deficit stamp duty with penalty on the assignment deed between him and Y

However they cannot get the document registered anyway

because as per s.23 read with s.25 of registration act, the maximum period within which a document can be registered is 8 months from date of signing

in this case the above period has already lapsed

so Z and Y will have to execute a fresh assignment deed and get it stamped and registered

you have already accepted rent from Z, so in a way you have accepted him as your lessee/tenant and thus Z is protected under rent act

also Z is already in possession since 1983 and you did not take any steps for his eviction by filing an eviction suit

Talk to Advocate Yusuf Rampurawala

1. If the conditions of lease agreement do not permit the unregistered leas agreement then the said agreement by Z may not be maintainable especially when there is a dispute in this regard in court of law.

2. It cannot register at this stage on the basis of 1983 agreement, registration can be done on the basis of fresh execution of the agreement only.

3. a) It cannot be said to be proper or legally valid to call Z as a statutory tenant since the agreement is not registered and may not be maintainable in court of law, however if possession proved before the court and the court passes an order to pay the stamp duty for registration, then Z may be considered as a legally valid lessee.

Talk to Advocate T Kalaiselvan NOW!
As per the information mentioned in the present query, makes it clear that there has been a subsequent rights of tenancy to the third person in it.
As per law of rent control act, a tenant cannot create a subsequent tenancy in favour of a third person as it is not a valid contact.
And now that unregistered agreement cannot be registered as there is a limitation period of only 4 months to get it registered.
But, herein your case, you have been accepting rent from the third party which makes it an implied contract accepted by you.
But, surely he can’t now create a one more subsequent tenancy right to some one else.

I am unable to see your contact details so that can contact you.

So, would request you to have my number from Kaanoon and book a phone consultation with me, so that I can advice you more precisely and in detail to solve all your query as there is a way to tackle the problem which you have mentioned in the comments of ratings.

Talk to Advocate Sanjay Baniwal

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Judgments 21423

... deed of assignment taken by him was fraudulent and without consideration . The learned Judge held on the first issue that by virtue of the deed of assignment , which the appellant had taken from...., as to whether the deed of assignment is fraudulent and without consideration . If Najubhai had been alive, a notice would have been issued to him under O. XXI, r. 16, and he could have contested the...apply for execution unless there is a separate deed of transfer of the decree. But the present deed of assignment , which is a registered document and for which the appellant has paid a consideration ...

...learned counsel appearing for the petitioner reiterated the contentions raised in the petition and submitted that the learned arbitrator ought not to have relied on the Assignment deed produced by the petitioner and the ...therefore, it is not a valid document and the consideration was left blank in the Assignment deed and that was latter filled up by the first respondent without the knowledge and consent of the petitioner and the as...action arose and also passed the award without properly appreciating the assignment deed , which is inadmissible in evidence and which is inchoate and erred in holding that the petitioner has no locus...

... assignment claimed by Saurabh was incomplete and consequently the assignment was terminated as it was without consideration ; Raghuvar did not receive any amount, as stated in the Assignment Deed . ...and extracted it. On the face of it the deed records that the assignment was for a consideration of Rs. 1,00,000/-. It was further noticed that on 13.05.2010 the Trademark office allowed the relevant...said that it filed Civil Suit No. 19/2011 before the Court of Additional District and Sessions Judge No. 1, Jaipur City, Jaipur challenging the Deed of Assignment by seeking interim orders restraining...

...transfer the ownership rights of shares but only the right attached thereto. Moreover, respondent No. 2 has evidently not paid any amount to the petitioner in respect of execution of assignment deed and, therefore, the execution of ...agreement to sell; no consideration amount was mentioned in the assignment deed , the respondents by interpolation filled up consideration amounting to Rs. 11,92,500 which was not even adequate; since no ...careful perusal of assignment deed (at page 87) would make it clear that the consideration amount was left blank as the consideration was to be paid on actual transfer of shares and execution of the...

...contrary to normal human conduct that without payment of consideration the deed of assignment dated 3-12-1989 had been executed and notarized. He submitted that in the allegations set up in the...future, in consideration of Rs. 18,000/- (Rs. Eighteen Thousand only) paid by the assignee to the assignors.” (Underlining mine)But then the executants of the deed of assignment , the...representatives of Sudarshan Soni HUF and even though the consideration recorded in the deed of assignment was Rs. 18,000/-, the whole of the outstanding debt inclusive of due interest thereon was to be paid to...

...licence in favour of the petitioners for business of dealer in seeds under the name and style M/s. Annapurna Beej Bhandar on consideration of deed of assignment dated 01.9.2009 executed by the father of the...petitioners are seeking the above-noted relief on the basis of a deed of assignment dated September 1, 2009 executed by their father. Questioning the validity of the deed of assignment their father has...defendants the Civil Court has passed an interim order dated February 4, 2011 restraining the defendants in the suit from using the deed of assignment for obtaining any licence from any authority till...

...?(2) If Article 23 applies in this case, what is the consideration for the Assignment Deed ?”All the Judges unanimously held that the...learned Chief Justice and Naik, J., opined that “the consideration for the Assignment Deed is the total amount which was payable to the Assignor Tulsidas under the agreements between him and the persons to... consideration is as mentioned in the Deed of Assignment itself i.e no consideration ”.7. All the Judges unanimously came to the conclusion that the consideration ...

...wife of his lawyer Shri Ram Singh Saluja, Advocate, and partly in favour of others, in the teeth of the restraint order of the trial court. On the basis of the assignment deed , the assignees made an...interpretation of paragraphs 13 and 14 of the settlement deed . The other was in treating the assignment as non est because of the clear prohibition of the trial court to the parties from alienating or...transferring in any manner any part of the property involved in the suit. Having heard learned counsel for the parties at great length and having examined the settlement deed as also the assignment ...

... consideration . Hence, this writ petition. 3. On 19.10.2022, this Court directed the learned Addditional Government Pleader to get instructions with regard to registration of the subject Assignment ...of India praying to issue a Writ of Mandamus, directing the 1strespondent to release the Original Registered Assignment Deed dated 29.03.2022 to the petitioner. For Petitioner : Mr.Srinath...Original Registered Assignment Deed dated 29.03.2022 to the petitioner. 2.The learned counsel for the petitioner vehemently contended that petitioner company assigned the secured asset viz., account of...

...stamp duty paid on assignment deed is not raised in the reply hence opposed. The question pertaining to payment of stamp duty on assignment deed is concern this is purely question of law, such a plea can be raised ...the Act. Accordingly, the stamp duty payable on assignment of debt is 8%. on total consideration . As per Kerala Stamp Act 1959, the assignment deed annexure A3 ought to have been executed on the stamp.... However, the Assignment Agreement produced is truncated and incomplete as well as the-Financial Creditor who is acting as a trustee has failed to bring into the record the relevant trust deed . The...

... assignment deed (sale- deed ) dated February 18, 1963 is a sham transaction and without consideration and that it was executed with an intention to defeat the claim of the creditors. The assignment ..., according to us, is material. It is as follows:—“Whether the sale in favour of the plaintiff is sham and without consideration and has been made to defeat the claim of defendant No. 1's creditors?”The...case of the plaintiff is that the compensation amount of Rs. 14,712.39 was assigned to him by registered sale- deed ( assignment - deed ) dated Feb. 18, 1963. After assignment , defendant No. 1 ceased to have...

.... Engineering, M/s. Jaipan Appliances Ltd., Daman etc. to use the brand Jaipan without any consideration the assignment of deed of Jaipan brand was not genuine. He, therefore, held that based on these facts.... The consideration for the assignment deed was paid after two months in December, 1997. The appellants were having a bank account which up to December showed a deposit of cash of Rs. 1,001/- only. There...benefit of Notification 1/93 solely on the grounds that the transfer of brand name under the deed of assignment was not genuine. Once the assignment is there then we cannot go into the consideration paid...

...by the Court. On the basis of the assignment deed , the assignees made an application under Order XXII Rule 10 CPC for impleadment as parties to the final decree proceedings. It was contended on their...that the assignors and the assignees had knowledge of the order of the injunction passed by the Court. On those facts, this Court held that the deed of assignment was not capable of conveying any...:“4. As said before, the assignment is by means of a registered deed . The assignment had taken place after the passing of the preliminary decree in which Pritam Singh has been allotted...

..., the Assignment Deed was terminated without consideration . No amount was received by the defendant No.3 as mentioned in the Assignment Deed . The defendant No.3 has already filed Civil Suit No.19/... consideration for the assignment was never paid by the plaintiff. Since the plaintiff did not stop using trademark, despite of termination of assignment deed , left with no option the defendant No.3 filed...trademark or any identical trademark after the above assignment . The Deed of Assignment executed by defendant No.3 speaks for itself that consideration agreed upon between the parties to the Deed of...

...other debts had been transferred by the plaintiffs to the applicants by a deed of assignment dated 7th February, 1949 which was confirmed by the Custodian of Evacuee Property, Bombay, and order them...respondent Company by the document under consideration and the latter cannot claim to be transferees of the decree by an assignment in writing as contemplated by Order 21 Rule 16...Savla thereupon without having obtained, amicably or by execution of his decree, an actual assignment of the mortgage decree sought to execute that decree. It was held that although Savla had a legal...

...together with all the securities through an assignment deed . On 11-1-2007, the borrower, the respondent Company assigned to Kotak Mahindra Bank the debt due towards it from one Ravishankar Industries Pvt...complainant Company. It is pertinent to mention here that the fact of the alleged assignment deed came to the notice of the complainant Company only on 17-1-2007 when Kotak Mahindra Bank handed over a...appellants were not the employees of State Bank of Travancore when the alleged deed of assignment was entered into between State Bank of Travancore and Kotak Mahindra Bank. He further contended that...

... assignment deed NOS. 3210 and 3294 of 1995 in favour of defendants 3 and 4. Defendants 3 and 4 also resisted the suit on various grounds including that they are bona fide purchasers for valid consideration without ...3.40 Ares covered by Ext.A1, agreement for sale.(v) In case it is found that the one cent covered by Ext.B1, assignment deed No. 3210 of 1995 forms part of the 3.40 Ares covered by Ext.A1, agreement for sale, the que...first appellate court was of the view that the 3 defendant is a bona fide purchaser of the one cent covered by assignment deed No. 3210 of 1995 for valid consideration unaware of existence of Ext.A1...

...assigned his rights under Exhibit A-1 to Varghese for Rs 10,000. The deed of assignment is Exhibit A-24. Varghese paid Rs 7500 in cash and cheques, to Chettiar with a promissory note for balance of Rs...2500. The assignment deed refers to the sale deed obtained by Mathew. It states that the legal representatives of Sait have sold the estate to Mathew who was fully aware of the agreement for sale...Varghese armed with the deed of assignment Exhibit A-24 along with Chettiar instituted OS No. 41 of 1966 for specific performance of the agreement Exhibit A-1. The suit was instituted against Mathew and...

...Respondents 1 and 2. Respondent 1, in order to repay the dues of the Bank, signed an assignment deed dated 8-10-2003 with the Chief Manager, Basavanagudi Branch, Bangalore for assignment of the trade...:“Now this deed of assignment of trade mark “Eenadu” witnesseth as follows:1. The assignor hereby grants, transfers and assigns upon the assignee... assignment (the abovesaid ten years).7. The period of assignment granted under this deed shall come to an end on the expiry of the period of ten years from the date...

...7600 was not paid as a part of the consideration of the deed of assignment but under a different and collateral agreement executed by the defendant in favour of the plaintiff for a sum of Rs 20,000...registered assignment deed dated October 31, 1957 executed by the latter in favour of the former purporting to transfer the decree in OS No. 88 of 1949 on the file of Court of Subordinate Judge, Kakinada...granted a decree for cancellation of the assignment deed aforesaid on the plaintiff's paying Rs 13,000 to the defendant. Under the decree defendant was required to deliver possession of the suit...

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COMMENTS

What happens if the assignment was not registered?
The lease is registered, being originally for a term in excess of 7 years. However, despite the assignment, the original tenant remains registered at the land registry as the tenant because the assignment does not appear to have ever been registered. Our client now seeks to exercise the contractual break option introduced by the deed of variation.
assignment+deed+not+registered
Defendant 1 himself has produced the original assignment deed and in this case Defendant 1 himself has taken up the contention that said assignment deed is not ...user of the trade mark and Defendant 1 himself has moved application by paying Rs 5000 DD for registering the document. In spite of that the Trade Mark Authorities have not registered ...
NON-REGISTRATION OF ASSIGNMENT DEED- INDIA- S.S. Rana & Co
Court's observations with regards to non- registration of assignment deed. At the outset, the Hon'ble Bench comprising Hon'ble Mr. Justice V. Kameswar Rao, opined that the trademark LIBERTY was indeed assigned in favor of the Plaintiff, despite not being registered with the Trade Marks Registry. The Hon'ble Court had placed reliance on ...
Deed of Assignment
The deed of assignment is the main document between the seller and buyer that proves ownership in favor of the seller. The party who is transferring his or her rights to the property is known as the "assignor," while the party who is receiving the rights is called the "assignee.". A deed of assignment is required in many different ...
Registration of documents and consequences of non-registration under
The document in question was a mortgage deed that was not registered. It was observed that a suit for recovery based on an unregistered mortgage deed is bound to fall because the purpose of the mortgage deed is to prove the mortgage. The unregistered mortgage deed can only be used for collateral purposes as per Section 49 of the Registration Act.
Effects of an Unregistered Lease Deed: a Settled Position in Law
According to section 107 of the transfer of property act, a lease for the period of more than one year or of year to year or reserving of yearly rent must be registered. An unregistered lease may cause a severe effect on the enforcement of the right. Such deed shall not be admitted in evidence. You cannot ask for specific performance of the ...
Deed of Assignment: Everything You Need to Know
4 min. In the realm of intellectual property, a Deed of Assignment is a formal legal document used to transfer all rights, title, and interest in intellectual property from the assignor (original owner) to the assignee (new owner). This is crucial for the correct transfer of patents, copyrights, trademarks, and other IP rights.
PDF J U D G M E N T V. Ramasubramanian, J.
registered documents dating back to 1929, the appellant could not have invoked the writ jurisdiction of the High Court, after having got an assignment deed from the Indian Bank just a few years ago in 2007; (iii) that the very right of the Indian Bank to claim the creation
Drafting a Deed of Assignment
Consider whether the Deed of Assignment needs to be registered in any public records. Consider whether the Deed of Assignment needs to be registered with any government or public agencies. Determine if any registration is required or optional. Research the relevant regulations and laws to ensure that the assignments are properly recorded.
Assignments
Signing. An assignment of a UK patent (or application) must be in writing and signed by the assignor. It used to be the case that an assignment of a UK patent (or application) would need to be ...
Deeds of assignment
The assignment of claims was recorded in a deed of assignment dated 25 August 2016 between the liquidators and the Assignee (the " Deed "). Under the terms of the Deed, the liquidators ...
assignment+deed+unregistered
Besides the same, the said assignment deed being an unregistered document, is not in conformity with the provisions of the Trade Marks Act, 1999 (Act for short ... final decree was passed in 2013 the appellant had a registered assignment deed in their favour with respect to the subject property. The earlier orders are therefore not relevant...
SAMPLE DEED OF ASSIGNMENT
Such recorded Deed of Assignment come in the form of either a Governor's consent or registered conveyance. The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won't be any confusion or assumption after the property has been transferred to the new owner. Such Key issues include: 1.
Deed of Assignment and the Notice of Assignment -What is the Difference
Summary. The important document is the Deed of Assignment, which sets out the rights assigned by the Assignor. The Notice of Assignment is simply a communication that there has been an assignment. The deed is governed by Section 136 of the LP 1925. It should be possible to obtain a copy of the Deed prior to any action taken in respect of it.
What does a Deed of Assignment mean in Real Estate Transactions?
As we stated above, a deed of Assignment transfers legal ownership of property from one person to another. Upon registration, it serves as a valid root of title to the property. Thus, the purchaser can exercise all the legal rights of an owner. However, where a deed of assignment is not executed, or the deed is not registered, the buyer only ...
Deed of Assignment: Everything You Need to Know
A Deed of Assignment refers to a legal document in which an assignor states his willingness to assign the ownership of his property to the assignee. The Deed of Assignment is required to effect a transfer of property and to show the legal right to possess it. It is always a subject of debate whether Deed of Assignment is a contract; a Deed of ...
V.Ramesh vs Smt.Bhavani on 13 February, 2020
By virtue of Proviso, therefore, an unregistered Sale Deed of an immovable property of the value of Rs.100/- and more could be admitted in evidence as evidence of any collateral transaction not required to be effected by registered document.
registration of license assignment deed under the patents act
A license agreement or an assignment deed is an agreement between a right holder and the licensee and/or assignee wherein the right holder permits the licensee and/or assignee to use rights owned by the right holder in exchange for a consideration, whether in the form of a one-time settlement or a periodic royalty.Generally an agreement may be in writing or oral but Section 68 the Patents Act ...
What happens on the assignment of an unregistered lease, that should
There was no deed of assignment, however a TR1 form was signed. Despite this being the incorrect form/deed it clearly shows an intention to assign the lease. Our client has now passed away and the landlord is claiming that a valid assignment took place in 2007 and our client's estate is tied in to the lease until the end of the term.
assignment+deed+sarfaesi
The registration of the deed of assignment is a mandatory requirement of law and unless the deed is registered, the assignment of title and interest of the..., 2002 (for short, the SARFAESI Act). Appellant No. 1, thereafter, wrote a letter to the defendants, who were the guarantors/mortgagors, informing them about the assignment of the debt.
Consequences of unregistered agreement of assignment of leasehold right
1. The right of sub lease is permissible as long as the lessor gives such consent in writing. To give such consent in writing the lessor need not get the consent registered on payment of stamp duty. 2. However deed of assignment of lease requires registration and it can be done even now with retrospective effect from 1983.
assignment+deed+without+consideration
The consideration for the assignment deed was paid after two months in December, 1997. The appellants were having a bank account which up to December showed a deposit of cash of Rs. 1,001/- only. There...benefit of Notification 1/93 solely on the grounds that the transfer of brand name under the deed of assignment was not genuine.
PDF A Specimen of Deed of Assignment of a Registered Trade Mark
Title: Microsoft Word - A Specimen of Deed of Assignment of a Registered Trade Mark.docx Author: e0300 Created Date: 11/22/2013 3:56:02 PM

NON-REGISTRATION OF ASSIGNMENT DEED NOT FATAL TO TRADEMARK RIGHTS OF ASSIGNEE

Registration of documents and consequences of non-registration under the Registration Act, 1908

Introduction

Optional registration of documents

When to register documents?

Where to register documents?

Who can apply for registration ?

Effects of non-registration of documents

Registration fees

Why registration of documents is important?

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Deed of Assignment (for Intellectual Property)

To be legally effective a deed of assignment must contain:

Letter of Assignment (for Trademarks and Patents)

Intellectual Property Sales Agreement

IP Transfer Declaration

Merger Document

Drafting a Deed of Assignment

Introduction

Definitions (feel free to skip)

Defining the Deed of Assignment

Q: Does a Deed of Assignment need to be signed?

Q: What is the difference between an assignment and a novation?

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Q: Are there any tax implications when drafting a Deed of Assignment?

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Q: What are common mistakes made when drafting a Deed of Assignment?

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Deed of Assignment and the Notice of Assignment -What is the Difference?

There is no need for payment to make the assignment valid and therefore it is normally created by Deed.

Notice of assignment

Notice must be in writing

Must the notice take any particular form?

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What does a Deed of Assignment mean in Real Estate Transactions?

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DEED OF ASSIGNMENT: EVERYTHING YOU NEED TO KNOW.

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Consequences of unregistered agreement of assignment of leasehold right

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