Legal Format & Draft
Assignment of a Decree: Format & Sample
Reference draft used in Indian courts — replace the blanks with your own case details.
THIS DEED OF ASSIGNMENT made at .....................on this ............day of ... 20 ......
between A son-of Shri ..................resident of ...............(hereinafter called the assignor) of the, ONE
PART and B son of Shri..........resident of ...............(hereinafter called as the assignee) of the OTHER
PART.
WHEREAS (1) The assignor filed a suit against Shri Z son of Shri .......... resident of being suit No ............of
............ in the court of .......... .........for the recovery of a sum of Rs .
.....................and obtained a decree for Rs ............and costs and as per the said decree and
judgment, the assignor is entitled to recover from the said Z the sum of Rs ............with interest at the
rate of 10 per cent from the date of decree on the said amount with costs of execution, etc
(2) The assignor has agreed to assign the said decree and his rights thereunder to the assignee for
the consideration of Rs . .......... and the assignee has agreed to purchase the aforesaid decree with all
the rights and interest of the assignor, subject to the conditions and stipulations mentioned below:
NOW THIS DEED OF ASSIGNMENT WITNESSETH THAT: (1) In consideration of the aforesaid agreement and in consideration of the sum of Rs . ...... paid by
the assignee to the assignor on the date of this deed (the receipt whereof the assignor hereby
acknowledges), the assignor hereby assigns to the assignee all the benefits and rights of the final
decree, the full particulars of which are given in the Schedule hereto together with the decretal amount
due under the said decree and future interest that may be due under the same, to hold the same with all
rights, title and interest and recover and realise in any manner provided by law the decretal amount,
interest and costs thereunder.
(2) The assignor hereby covenants with the assignee that he has not received any sum or other
consideration from the said Z in respect of the aforesaid decree and the said decree is in full force and
effect.
(3) In case the said decree be reversed or modified in appeal or other legal proceedings or the said
decree being held inexecutable for any reasons whatsoever, this deed of assignment shall become null
and void, subject to the payment of the above mentioned sum of Rs . .......... paid as consideration with
interest thereon at the rate of ............per cent per annum, less any sum realised by the assignee from
the said Z under this deed.
IN WITNESS WHEREOF the parties have affixed the signatures hereunto, the day and year first above
mentioned.
Schedule herein referred to
Particulars of the decree
(a) Name of the court passing the decree.
(b) No. and year of the suit.
(c) Name of the decree holder.
(d) Name of the judgment debtor.
(e) Date of decree.
(f) Amount of the decree.
(g) Execution costs.
WITNESSES
1 Signed and delivered by A, the within named assignor
2. Signed and delivered by B, the within named assignee Assignor obtained decree Agreement to assign the decree to assignee Assignment of final decree Assignor's covenants Assignment with become null and void In certain circumstances
between A son-of Shri ..................resident of ...............(hereinafter called the assignor) of the, ONE
PART and B son of Shri..........resident of ...............(hereinafter called as the assignee) of the OTHER
PART.
WHEREAS (1) The assignor filed a suit against Shri Z son of Shri .......... resident of being suit No ............of
............ in the court of .......... .........for the recovery of a sum of Rs .
.....................and obtained a decree for Rs ............and costs and as per the said decree and
judgment, the assignor is entitled to recover from the said Z the sum of Rs ............with interest at the
rate of 10 per cent from the date of decree on the said amount with costs of execution, etc
(2) The assignor has agreed to assign the said decree and his rights thereunder to the assignee for
the consideration of Rs . .......... and the assignee has agreed to purchase the aforesaid decree with all
the rights and interest of the assignor, subject to the conditions and stipulations mentioned below:
NOW THIS DEED OF ASSIGNMENT WITNESSETH THAT: (1) In consideration of the aforesaid agreement and in consideration of the sum of Rs . ...... paid by
the assignee to the assignor on the date of this deed (the receipt whereof the assignor hereby
acknowledges), the assignor hereby assigns to the assignee all the benefits and rights of the final
decree, the full particulars of which are given in the Schedule hereto together with the decretal amount
due under the said decree and future interest that may be due under the same, to hold the same with all
rights, title and interest and recover and realise in any manner provided by law the decretal amount,
interest and costs thereunder.
(2) The assignor hereby covenants with the assignee that he has not received any sum or other
consideration from the said Z in respect of the aforesaid decree and the said decree is in full force and
effect.
(3) In case the said decree be reversed or modified in appeal or other legal proceedings or the said
decree being held inexecutable for any reasons whatsoever, this deed of assignment shall become null
and void, subject to the payment of the above mentioned sum of Rs . .......... paid as consideration with
interest thereon at the rate of ............per cent per annum, less any sum realised by the assignee from
the said Z under this deed.
IN WITNESS WHEREOF the parties have affixed the signatures hereunto, the day and year first above
mentioned.
Schedule herein referred to
Particulars of the decree
(a) Name of the court passing the decree.
(b) No. and year of the suit.
(c) Name of the decree holder.
(d) Name of the judgment debtor.
(e) Date of decree.
(f) Amount of the decree.
(g) Execution costs.
WITNESSES
1 Signed and delivered by A, the within named assignor
2. Signed and delivered by B, the within named assignee Assignor obtained decree Agreement to assign the decree to assignee Assignment of final decree Assignor's covenants Assignment with become null and void In certain circumstances
Using this format
This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.
Our Civil Litigation team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our civil litigation team drafts, files and argues these applications in Kolkata courts.
Related
- Civil Litigation services in Kolkata
- Filing in the Calcutta High Court: complete guide
- All sample legal formats
- All 47 practice areas
- Free first consultation
Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.