ਆਪਣੀ ਜਾਣਕਾਰੀ ਭਰੋ

COMPROMISE DEED (RAZINAMA)

This compromise deed is made at __________ on __________.

It is made between __________, __________ (the First Party), and __________, __________ (the Second Party). Each of these expressions includes that party's heirs, legal representatives, successors and permitted assigns.

1. The Property and how it is held. This deed concerns __________ (the Property), recorded as __________. __________ The Property lies within the sub-district of the __________, and changes to its ownership record are entered by __________.

1. The dispute. __________ In this deed all of that is called the Dispute.

1. How the Dispute was settled. The parties have talked the Dispute over, and have agreed to end it on the terms of this deed, each of them acting freely and without pressure, fraud or undue influence from anyone. They mean these terms to settle the Dispute finally, and to replace every claim either of them has made in it, in writing, in a case or by word of mouth.

1. What the settlement does. __________ Nothing in this deed gives either party a right in any property other than the Property unless this deed names that property expressly, and nothing in it is an admission by either party about any other property or any other person.

1. What each party takes. The First Party takes: __________. The Second Party takes: __________. Each party holds what it takes as absolute owner, free of any claim of the other, with the right to use, lease, mortgage, sell or otherwise deal with it.

1. Shared rights. Neither party will block, narrow or build over any passage, water course, drain or wall that serves the other's portion, and neither will put up a new structure that cuts off the light, air or access the other's portion now enjoys.

1. Money. Any payment under this deed is made by bank transfer, cheque or demand draft, never in cash, and every payment after the signing is acknowledged by a separate signed receipt. Apart from this clause neither party owes the other any money for the Property or the Dispute, and neither will claim costs, damages or mesne profits for any period before this deed.

1. Possession. __________ Once possession of a part has passed, the party that gave it up will not re-enter, cultivate, let or use that part, and will remove nothing fixed to it.

1. Title and charges. Each party confirms that, apart from the Dispute, it has not sold, gifted, mortgaged, leased or agreed to transfer the Property or any part of it, and that no court or authority has attached it for a claim against that party. A party whose confirmation proves untrue will make good to the other every loss that follows from it, including the costs of any proceeding it causes.

1. The ownership record. Within 30 days of registration each party will apply, alone or with the other, to __________ for the ownership record to be changed to match this deed. Each will sign every application, statement and affidavit needed for that change, and will appear in person when called. Neither will object to the change, and if the record is later entered against this deed by mistake, both will join in having it corrected. The party in whose favour an entry is made pays the fee for it.

1. Boundaries on the ground. If the parties differ over where a line described in clause 5 runs on the ground, either of them may have it demarcated from the record by the revenue or municipal staff. Both will attend, both will accept a demarcation that follows clause 5, and they will share its cost equally. Neither party will move a pillar or mark set up at the demarcation.

1. Crops, trees and fixtures. Each party takes the standing crops, trees, structures, tubewell bores, motors and other fixtures on the portion this deed gives it. A crop sown before this deed by the party giving up that land may be harvested and carried away by that party within the season in which it was sown, after which the land is left clear. Neither party will sow a new crop, plant a tree or put up a structure on land that this deed gives to the other.

1. Connections, taxes and dues. Electricity, water and sewer connections, including any tubewell connection, go with the portion they serve, and the parties will sign whatever the supplier needs to transfer or divide them. Land revenue, property tax, and charges for water, electricity and maintenance are paid up to the date possession passes by the party then in possession, and after it by the party that takes the portion. A party that pays an amount the other owes may recover it from the other on demand.

1. Title papers. The original title papers of the Property stay with, or are handed to, the party that takes the part they chiefly concern. A party who holds a title paper that also concerns the other's portion will keep it safe, produce it on request, and give certified copies at the other's cost.

1. Tenants and occupants. A tenant, licensee or labourer brought on to a portion by one party is that party's responsibility: that party will have the person leave, or will answer for the person, before possession of the portion passes to the other. Rent and other income from a portion belong, from the date possession passes, to the party that takes it.

1. Peaceful enjoyment. From the date possession passes, each party will let the other hold and enjoy its portion without interference, and will not trespass on it, cut its trees, divert its water or damage its boundary. Each party agrees that, if it breaks this promise, the civil court may grant the other a permanent injunction restraining it, and that this deed is sufficient proof of the other's right to that relief.

1. Claims by others. If a person other than the parties claims a right in the Property through one of them, that party will answer the claim at its own cost and keep the other free of it. A claim made through the person from whom both parties derive their title will be defended by both, with the cost shared in proportion to what each takes under this deed.

1. Further papers. Each party will, at the request and cost of the other, sign any further paper, appear before any office and make any statement that the other reasonably needs to make this deed effective, whether for the ownership record, a bank, a cooperative society, a development authority, the Estate Office or a court. A party who refuses without good reason is in default under clause 22.

1. The pending case. Neither party will start a new case about the Dispute, and each may rely on this deed as a complete answer to any claim the other raises about it.

1. Other proceedings. Neither party will complain to the police, the revenue office or any other authority about a matter this deed settles.

1. Release of past claims. Subject only to the promises in this deed, each party releases the other from every claim, known or unknown, arising out of the Property or the Dispute up to the date of this deed. The release covers claims for a share, for partition, for possession, for the income or produce of the land, for mesne profits and for costs. A claim that arises later from a failure to carry out this deed is not released.

1. Failure to perform. If a party fails to do anything this deed requires of it, such as handing over possession, signing a paper for the ownership record, attending before the Sub-Registrar or the court, or keeping clear of the other's portion, the other may give it written notice of the failure. If the failure continues for 15 days after that notice, the other may sue in the civil court for the deed to be carried out, for an injunction, or for damages, and the defaulting party bears the costs of that suit. A failure to pay money is governed by clause 7 instead. No failure undoes the settlement: the deed stays binding, and it is enforced as written.

1. Stamp duty and charges. __________ Each party pays its own advocate. The deed is stamped by the substance of clause 4, whatever its title, and neither party will present it as some other kind of instrument to save duty.

1. Registration. The parties will present this deed for registration before the __________ within __________ days of signing, and in any case within the four months allowed by section 23 of the Registration Act, 1908. Both will appear there in person, or through an attorney authorised for the purpose, to admit execution and sign the register. If one of them does not appear, the other may present the deed, and the one who stayed away remains bound to admit execution when called on to do so. The party who will keep the original under clause 25 keeps the registration receipt and collects the registered deed.

1. Custody of the deed. After registration the original is kept by __________, and every other party receives a certified copy at shared cost. The keeper will produce the original whenever another party needs it for the ownership record, a bank or a court.

1. Notices. A notice under this deed is in writing, and is delivered by hand against a signed acknowledgement or sent by registered post to the party's address given at the top of this deed. A party who changes address tells the other in writing, and until it does, a notice sent to the old address is validly given.

1. Heirs and successors. This deed binds, and may be enforced by, the heirs, legal representatives and successors of every party. If a party dies before every term has been carried out, that party's heirs step into its place, and the other party will deal with them exactly as it would have dealt with the party.

1. Whole settlement. This deed is the whole of the settlement. It replaces every earlier talk, draft, panchayat resolution or writing about the Dispute, and it can be changed only by a further deed signed by all the parties.

1. Value accepted. Each party has weighed what the Property, and its own portion or payment, are worth, and accepts the settlement as fair. Neither will seek to reopen it because the Property later proves to be worth more or less, or because a portion measures slightly more or less on the ground than clause 5 states, so long as the boundaries in clause 5 are kept.

1. A term that fails. If a court holds any term of this deed invalid, the other terms still bind the parties, and they will agree in good faith on a lawful term as close as possible to the one that failed. Clauses 4 and 5 are the heart of the settlement: if either of them fails, the parties will meet within 30 days to settle the Property afresh, and until then each keeps what it holds.

1. Courts. A dispute about the meaning or performance of this deed goes to the civil court having jurisdiction over the place where the Property lies.

1. Understanding and consent. __________ Each party confirms that it understood every term, that it had the chance to take independent advice, and that it signs of its own free will.

The parties have signed this deed at the place and on the date written at the top, in the presence of the witnesses who attest it below.

LEGAL BASIS

Punjab: The compromise is an instrument under the Indian Stamp Act, 1899 as applied to Punjab. It is stamped before or at signing (section 17) with the duty of the article its substance attracts: where it passes property it is a conveyance, charged at 5% of the consideration or the collector rate, whichever is higher, with the 1% Social Infrastructure Cess under section 3-D and Schedule I-C, and an instrument not duly stamped cannot be admitted or acted on until the duty and a penalty are paid (section 35). Because it creates, declares, assigns, limits or extinguishes rights in immovable property, it must be registered under section 17(1)(b) of the Registration Act, 1908; the Sub-Registrar of the sub-district where the Property lies registers it on presentation within four months of signing (section 23), and a refusal goes to the Registrar by appeal or application within 30 days (sections 72 and 73). Where the Dispute is in a pending suit, a decree passed with the consent of the parties is not open to appeal (section 96(3) of the Code of Civil Procedure, 1908). A party who fails to carry out the deed can be sued in the civil court having jurisdiction where the Property lies, and an appeal from its decree goes to the District Judge, or to the Punjab and Haryana High Court where the value of the claim takes it there.

Chandigarh: The Indian Stamp Act, 1899 governs the duty on the deed in the Union Territory in the same way: it is stamped before or at signing (section 17) with the duty of the article its substance attracts, and it cannot be admitted or acted on until any shortfall and a penalty are paid (section 35). Registration is compulsory under section 17(1)(b) of the Registration Act, 1908, before the Sub-Registrar, Chandigarh, within four months of signing (section 23), and a refusal goes to the Registrar within 30 days (sections 72 and 73). A decree passed on the compromise with the consent of the parties is not open to appeal (section 96(3) of the Code of Civil Procedure, 1908). A suit to enforce the deed lies in the civil court at Chandigarh, and an appeal from its decree goes to the District Judge, Chandigarh, or to the Punjab and Haryana High Court where the value of the claim takes it there.

PERSONAL DATA NOTICE

This notice is given under the Digital Personal Data Protection Act, 2023.

The purpose of collecting the personal data in this deed is to identify the parties to the property dispute and the witnesses, and to record the property, the terms and the payments, so that the compromise can be stamped, registered, entered in the ownership record and filed in any case it ends.

The record will be held by __________ and may be shared with the parties, their advocates, the witnesses, the Sub-Registrar, the office that changes the ownership record, and any court or officer before whom the compromise is filed.

If the matter does not proceed, the personal data will be retained for 90 days and then erased. If the matter proceeds, the record will be retained for the transaction or authority matter plus 12 months, except where a statute requires a longer named retention period.

A person named in this document may request correction or erasure where the purpose has ended, withdraw consent for future consent-based processing, or raise a grievance by writing to __________. The record-holder should acknowledge and reply within 30 days.

Data minimisation: this document does not collect a full Aadhaar number, an Aadhaar-card copy, a password or bank credentials.

Personal-data instruction: __________.

SIGNATURE

First Party: __________

Second Party: __________

WITNESSES

Witness 1: __________, __________

Witness 2: __________, __________