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Deeds, conveyance, covenants by vender

(Querist) 30 July 2012 This query is : Resolved 
Respected Sir,
My name is Sadanand Bhisaji Panchal. I am residing at 60/A, Karle Chawl, Dunhill Building Compound,Dr.Ambedkar Road, Khar (W) Mumbai-400 052.I am fighting for Justice before the Hon'ble City Civil court at Dindoshi Mumbai. I am not an Advocate but appeared in person before Hon'ble Court, therefore I require your valuable advice.
Kindly explain me the meaning of "vendor is absolutely seized and possessed land and hereditaments together with structures thereon save and excepting those belonging to XX" in the indentures, deeds.
I have obtained the certified copy of the conveyance deed regarding land where I am staying. Not having known the exact meaning of the above referred line "Save and excepting" I have taken the adjournment in the matter. Please help me.
Thank you,
Sadanand B. Panchal
ABDUL RAZIQUE (Expert) 09 November 2013
Dear Author,
Save and except is an exceptional clause or expression especially used in a legal context. The usage of the clause in a deed or a statute provides a restriction or condition, at the same time it excludes the applicability of the restriction/ condition in certain situations. For example, When a deed specifically save and excepts from the transfer a certain extent of land conveyed to the grantee, the words ’save’ from and ‘excepts’ out of reflect the intention of the grantor to exclude from the deed, and to retain some part of the tract of land which has been specifically describe as granted.

exception in deed n. a notation in a deed of title to real property which states that certain interests, such as easements, mineral rights, or a life estate, are not included in the transfer (conveyance) of title.
Sadanand B. Panchal (Querist) 16 November 2013
Respected Sir,
Thanks for your valuable advice.
Regards,
Sadanand B.Panchal
ABDUL RAZIQUE (Expert) 16 November 2013
Welcome, we are always with our Author.


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