recital

Recitals come after the parties clause and before the operative part of a deed, usually beginning “WHEREAS”. Narrative recitals state the history (how the vendor got title, for example); introductory recitals state what the parties intend to do. They explain the deed but do not themselves transfer or create rights; the operative part does that.

When the operative part is clear, it prevails over a recital. When it is ambiguous, recitals help to interpret it. A clear statement of fact in a recital may estop the party making it from denying it later. In drafting, keep recitals short and factual, and never put an obligation in a recital.

Example

The recital that the vendor inherited the land from his father helped the court read an unclear schedule in the sale deed.

See also

deed · habendum · legal drafting · conveyance

Read more in the study notes

• Other statements by persons who cannot be called, former evidence, and statements in special circumstances (sections 26(b) to (h), 27 to 33) (Bharatiya Sakshya Adhiniyam)
• Drafting a memorandum of understanding, petitions and PIL (Business Communications)
• Public speaking, body language in presentation, influencing and conveyancing (Business Communications)
• General principles of drafting (Drafting, Pleading and Conveyance)
• Conveyancing principles and the sale deed (Drafting, Pleading and Conveyance)
• Mortgage deed and lease deed (Drafting, Pleading and Conveyance)