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Document of Title of Goods

Under Sec 2(4), “A document of title of goods is one used in the ordinary course of business as proof of the possession or control of goods. It authorises, either by endorsement or delivery, its possessor to transfer or receive goods represented by it.”
Document of title is a document used in the ordinary course of business
  • As a proof of possession or control of the goods or
  • Authorising the holder of the document to receive goods mentioned therein or to further transfer such right to another person by a proper endorsement or delivery
  • The right of the possessor of document is unconditional
A document of title is also a proof that the goods are in the custody of the issuing authority which will have the duties of a bailee in relation to the goods and will deliver the goods to the holder of the document.
The common documents of title to goods are:
  • Bill of Lading: It is a document which acknowledges the receipt of goods on board a ship and it is signed by the captain of the ship or his duly authorised representative.
  • Dock Warrant: It is a document given by the owner of the dock, giving details of the goods and certifying that the goods are held to the order of the person named in it or the endorsee. It authorises the person holding it to receive possession of the goods.
  • Wharfinger’s Certificate: It is a document issued by a warehouse keeper stating that the goods specified in the document are in his warehouse
  • Railway Receipt: It is a document issued by the Railway Company acknowledging receipt of goods. It is to be presented by the holder or consignee at the destination to take delivery of goods.
  • Delivery Order: It is a document containing an order by the owner of the goods to the holder of the goods on his behalf, asking him to deliver the goods to the person named in the document.

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