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Deed Of Variation Contract Template for India

A Deed of Variation Contract is a formal legal document used under Indian law to modify, amend, or vary the terms of an existing agreement while maintaining its fundamental nature. This document must comply with Indian deed requirements, including proper attestation and stamp duty payment as per the Indian Stamp Act. It provides a comprehensive framework for documenting changes to existing contractual relationships while ensuring all modifications are legally binding and enforceable under Indian jurisdiction. The deed carefully preserves elements of the original agreement that remain unchanged while clearly articulating the specific variations being implemented.

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What is a Deed Of Variation Contract?

A Deed of Variation Contract is essential when parties need to formally modify an existing agreement while keeping the original contract's framework intact. This document type is particularly relevant under Indian law where formal requirements for contract modifications need to be met, especially for significant changes to high-value or complex agreements. The deed must comply with Indian legal requirements including proper execution, stamping, and potentially registration depending on the nature of variations. It's commonly used when changes are substantial enough to warrant a formal deed rather than a simple amendment, particularly when dealing with real estate, high-value commercial contracts, or when multiple parties are involved. The document typically includes detailed recitals explaining the context of the original agreement, specific variations being made, and confirmation of continuing terms, all while ensuring compliance with the Indian Contract Act, Transfer of Property Act, and other relevant legislation.

What sections should be included in a Deed Of Variation Contract?

1. Parties: Details of all parties to the deed, including their legal names, addresses, and registration details if companies

2. Background: Recitals explaining the original agreement being varied, its date, and why variations are needed

3. Definitions: Definitions of key terms, including reference to definitions in the original agreement that remain applicable

4. Interpretation: Rules for interpreting the deed, including relationship with original agreement

5. Effective Date: Specification of when the variations take effect

6. Variations: Clear statement of each variation to the original agreement, with reference to specific clauses being modified

7. Confirmation: Confirmation that all other terms of the original agreement remain in full force and effect

8. Costs: Responsibility for costs associated with preparing and executing the deed

9. Governing Law: Confirmation that Indian law governs the deed

10. Execution: Formal execution block including attestation provisions required for Indian deeds

What sections are optional to include in a Deed Of Variation Contract?

1. Third Party Rights: Required if variations affect rights of third parties under the original agreement

2. Regulatory Compliance: Include if variations require regulatory approvals or notifications

3. Tax Implications: Include if variations have specific tax consequences that need to be addressed

4. Conditions Precedent: Include if variations are subject to certain conditions being met

5. Further Assurance: Optional clause requiring parties to take additional steps to give effect to variations

6. Severability: Include if there's risk that some variations might be found invalid

7. Notices: Include if notice provisions in original agreement need modification

What schedules should be included in a Deed Of Variation Contract?

1. Schedule 1 - Original Agreement: Copy of the original agreement being varied

2. Schedule 2 - Comparison Document: Blackline showing changes between original and varied clauses

3. Schedule 3 - Corporate Authorizations: Copies of board resolutions or other corporate approvals for the variations

4. Schedule 4 - Regulatory Approvals: Copies of any required regulatory approvals or notifications

5. Schedule 5 - Amended Clauses: Clean copy of all amended clauses in their final form

6. Appendix A - Execution Requirements: Specific requirements for execution and attestation under Indian law

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Publisher

黑料视频

Document Type

Deed of Variation

Cost

Free to use

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