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02-23-2011, 10:04 PM
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Definition and Necessary parts of Conveyancing.
Definition of Conveyancing.
The literal meaning of word "conveyance" is an act of transferring property. Inother words Conveyancing means the drafting of an instrument, whereby the intention is expressed to transfer some property or right.
The word has been derived from the word "convey" which means to carry, to transmit, to import, to make offer in law. In law however the term "conveyancing" is used that it is such branch of the law of transfer of property, which deals with modes and forms in which the intention of the transferor and transferee is embodied in giving effect to the intentions legally. The transferor may have indeed to pass the property to another party but unless that intention is specially provided in an instrument or deed, it cannot be given effect to, and therefore, the necessity comes for the proper instruments for the purpose of expressing the intentions of parties. The mode in which this expression is to be embodied in writing is known as Conveyancing.
It is esential to note that not only the intention of parties is to be clearly expressed but it should be in such a way that it should not be capable of any other interpretation that what the parties really intended to.

02-23-2011, 10:06 PM
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Necessary Parts of conveyancing

Necessary Parts of Conveyancing

1. Description of deed.
2. Date of deed.
3. Parties to deed.
4. Recitals.
5. Testatum.
6. Operative words.
7. Parcels.
8. Habendum.
9. Exceptions and Resevations.
10. Covenants.
11. Testimonium.
12. Signatures and Attestation.