Recital clause in a deed cs professional Drafting short notes
what is recital clause in a deed?
Ans.) There are two kinds of recitals: (a) Narrative recitals and (b) Introductory recitals. The narrative recitals describe the past history of the property transferred and set out facts to show the title and the relation of the parties to the subject-matter of the deed. The introductory recitals explain the motive for the preparation and execution of the deed. Recitals should be inserted with great caution because they control the operative part of the deed. The recitals should be clear and unambiguous and unnecessary recitals should be avoided to ensure correctness and accuracy. Recitals carry evidentiary importance in the deed. [Ram Charan v. Girija Nandini] Recitals should begin with the word “WHEREAS”. Recitals are generally divided into numbered paragraph with the word “WHEREAS” appearing at the top. For example, WHEREAS………… 1 2 3 4. Etc.