Legal Drafting

InternShalla

Pradeep Singh Gill

Thursday the 21st of January’2021

002, Meditech Apartments, Plot 59, Sector 56

Gurugram, Haryana 122 010
Phone: 9811116576
Fax: 0124.4067794
E-Mail: pradeepgill@strateing.in
Web: Strateing.in
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Legal Writing and Drafting of Legal Documents is both an Art

and Science. The efficacy of the document relies upon the
skills of the scribe while the structuring the content with a
scientific temper.
कानन ू ी दस्तावेज� का कानन
ू ी लेखन और प्रारूपण एक कला और �व�ान
दोन� है ।. दस्तावेज़ क� प्रभावका�रता वै�ा�नक स्वभाव के साथ सामग्री को
संर�चत करते हुए मुंशी के कौशल पर �नभर्र करती है ।

However, it’s a fact that time devoted towards developing the

art of legal drafting by legal professionals is much lesser than
the time devoted towards analyzing and interpreting laws. In
our education system also, much lesser time is devoted
towards teaching of drafting skills to students in legal field.
हालां�क, यह एक तथ्य है �क कानन ू ी पेशव
े र� द्वारा कानन
ू ी मसौदा तैयार
करने क� कला को �वक�सत करने के �लए सम�पर्त समय कानून� का
�वश्लेषण और व्याख्या करने के �लए सम�पर्त समय से बहुत कम है ।.
हमार� �श�ा प्रणाल� म� भी, बहुत कम समय कानन ू ी �ेत्र म� छात्र� को
प्रारूपण कौशल �सखाने के �लए सम�पर्त है ।
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Legal writing involves the analysis of fact patterns and

presentation of arguments in documents such as legal
memoranda and briefs. 1
कानूनी लेखन म� तथ्य पैटनर् का �वश्लेषण और कानन
ू ी �ापन और
ब्रीफ जैसे दस्तावेज� म� तक� क� प्रस्तु�त शा�मल है ।.
One form of legal writing involves drafting a balanced
analysis of a legal problem or issue. Another form of legal
writing is persuasive, and advocates in favor of a legal
position.
कानूनी लेखन के एक रूप म� एक कानूनी समस्या या मुद्दे का
संतु�लत �वश्लेषण तैयार करना शा�मल है ।. कानूनी लेखन का एक
और रूप प्रेरक है , और कानन
ू ी िस्थ�त के प� म� वकालत करता है ।

 Another form legal writing involves drafting

legal instruments, such as contracts and wills.2
एक अन्य रूप म� कानूनी लेखन म� अनुबंध और वसीयत
जैसे कानन
ू ी उपकरण� का मसौदा तैयार करना शा�मल
है ।.

1
2
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Pradeep Singh Gill

LEGAL DRAFTING: WRITING AS THINKING

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Let me begin by referring to what seems to be almost a

conspiracy to keep Indians from learning how to write.
Fortunately, the many critics of our laws and legal
instruments have so fully exposed this inability that it
needs no documenting here. Instead, I will suggest an
explanation for it that relates to what lawyers and law
schools are currently doing. This will lead us into our main
theme.

Perhaps the most critical fact is that our universities are

almost uniformly neglecting expository writing.' For
instance, Indian Law schools and faculties have their Legal
English Department has been offering a plethora of courses
or seminars reflecting a program overwhelmingly devoted to
the study of "literature." Of these courses, only two (02)
relate directly to writing by the student and of these two (02)
only One relates directly to exposition. Of the sole
exposition-writing course, it is taught in the first-year
courses, taught for the most part by teaching associates.
Although every student must take at least one composition
course to qualify for graduation only a minuscule
percentage of the University's undergraduates are exposed
to sophisticated courses in composition.

Most Indian law schools also teach something called "Legal

Research and Writing", but for the most part it involves instruction
by teaching associates in the soft-core writing of briefs or
memoranda, heavily diluted with exercises in traditional legal
research that it is better to handle separately. The result is that,
although many students leave law school moderately well
schooled in legal research, their ability to write falls well below their
potential.

Having stated the aforementioned, the curriculum InternShalla has

formulated for its Legal Drafting Course encompasses the
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elements missing in the Standard Formatted Legal Drafting and

Writing course(s), and presents to you its

LEGAL
METHODOLOGY
MODULE
(BEGINNERS)
&
LEGAL METHODOLOGY
MODULE (ADVANCED)
WITH
INTERNATIONAL LEGAL
ENGLISH CERTIFICATE
 Legal Drafting
InternShalla

002, Meditech Apartments, Plot 59, Sector 56

Gurugram, Haryana 122 010
Phone: 9811116576
Fax: 0124.4067794
E-Mail: pradeepgill@strateing.in
Web: Strateing.in
 Legal Drafting
InternShalla
CHAPTER DESCRIPTION
GENERAL PRINCIPLES OF DRAFTING AND RELEVANT
SUBSTAINTIVE RULES
Importance of drafting and conveyancing for a company
executive could be well imagined as the company has to enter
into various types of agreements with different parties and
have to execute various types of documents in favour of its
clients, banks, financial institutions, employees and other
constituents.
 The importance of the knowledge about drafting and
conveyancing for the corporate executives has been felt
Particularly for the three reasons viz.,
First. For obtaining legal consultations;
Second. F
or carrying out documentation departmentally;
Third. For interpretation of the documents.

1  With the knowledge of drafting and conveyancing, better

interaction could be had by the corporate executives while
Introduction
seeking legal advice from the legal experts in regard to the
matters to be incorporated in the documents, to decide
upon the coverage and laying down rights and obligations
of the parties therein

 Knowledge of drafting and conveyancing for the corporate

executives is also essential for doing documentation
departmentally. An executive can make a better document
with all facts known and judging the relevance and
importance of all aspects to be covered therein.

 Its becomes imperative to have knowledge about the

important rules of law of interpretation so as to put right
language in the documents, give appropriate meaning to
the words and phrases used therein, and incorporate the
will and intention of the parties to the documents.

002, Meditech Apartments, Plot 59, Sector 56

Gurugram, Haryana 122 010
Phone: 9811116576
Fax: 0124.4067794
E-Mail: pradeepgill@strateing.in
Web: Strateing.in
 Legal Drafting
9

CHAPTER DESCRIPTION

GENERAL PRINCIPLES OF DRAFTING AND RELEVANT SUBSTAINTIVE RULES

 Drafting may be defined as the synthesis of law and fact in a language

form.
 It is the development and preparation of legal instruments such as
constitutions, statutes, regulations, ordinances, contracts, wills,
conveyances, indentures, trusts and leases, etc.
 The process of drafting operates in two planes: the conceptual and the
verbal.
 Besides seeking the right words, the draftsman seeks the right concepts.
Drafting, therefore, is first thinking and second composing.

2nd RESULTANT
1st THINKING
COMPOSING DRAFT

1  Drafting, in legal sense, means an act of preparing the legal documents

Drafting,
continued its like agreements, contracts, deeds etc.
meaning
 Drafting of legal documents requires, as a pre-requisite, the skills of a
draftsman, the knowledge of facts and law so as to put facts in a
systematized sequence to give a correct presentation of legal status,
privileges, rights and duties of the parties.

 To collect, consolidate and co-ordinate the facts in the form of a

document, it requires serious thinking followed by prompt action to
reduce the available information into writing with a legal meaning, open
for judicial interpretation to derive the same sense and intentions of the
parties with which and for which it has been prepared, adopted and
signed.

 Draftsman: One who draws documents like a will, gift deed etc.
 Dragoman: One who interprets pleadings and other writings.
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CHAPTER DESCRIPTION
GENERAL PRINCIPLES OF DRAFTING AND RELEVANT SUBSTAINTIVE RULES

 Conveyancing is the art of drafting of deeds and documents whereby

land or interest in land i.e. immovable property, is transferred by one
person to another; but the drafting of commercial and other
documents is also commonly understood to be included in the
expression.
DRAFTING
CONVEYANCING, ITS MEANING

CREATION OF RIGHTS IN
PROPERTY

 Mitra’s legal and commercial dictionary defines “conveyance” as the

1 action of conveyancing, a means or way of conveyancing, an
instrument by which title to property is transferred, a means of
continued transport, vehicle.

 “Conveyance”, as defined in clause 10 of Section 2 of the Indian

Stamp Act, 1899, “includes a conveyance on sale and every
instrument by which property, whether movable or immovable, is
transferred inter vivos and which is not otherwise specifically
provided by Schedule I” of the Act.” Section 5 of the Transfer of
Property Act, 1882 (Indian) makes use of the word “conveyance” in
the wider sense as referred to above.

NOTES:
 DRATING IS A WIDER TERM WHILE CONVEYANCING IS
NARROW.
 ALL CONVEYANCING IS DRAFTING WHILE ALL DRAFTING IS
NOT CONVEYANCING.
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CHAPTER DESCRIPTION
GENERAL PRINCIPLES OF DRAFTING AND RELEVANT SUBSTAINTIVE RULES

Drafting Conveyancing

Drafting is the preparation of any

document
DRAFTING AND CONVEYANCING

Conveyancing is the way and the manner of

DISTINGUISHING BETWEEN

preparation of only those documents which

are pertaining to the transfer of property . It
The concept of drafting is wider than the is more emphasized on the documents
concept of conveyancing relating to transfer of property.

Drafting relates to every document The concept of conveyancing is narrower

defined in different contexts, for example than the concept of drafting
An outsourcing agreement

Conveyancing relates to the term conveyance

as defined in the Indian Stamp Act, 1899 eg. A
Sale Deed

1
continued CONTRACT CONVEYANCING
CONVEYANCING AND CONTRACT

Conveyancing is the art of drafting of any

Contract is an agreement which is
documents by which transfer of property
DISTINGUISHING BETWEEN

enforceable by law
takes place.

Contract consists of reciprocal promises There is no such promise and title in

and each party to the contract is bound to respect of the property in question already
perform the promise. passes in favour of the vendee.

Contract creates a right of action on favour Conveyance does not create any right of
of parties.Thus in case of breach of any action but at the same time it alters the
contract the aggrieved party may claim ownership of existing right.
number of remedies such as compensation
specific performance act against the
defaulting party.

Contract is governed by the provisions of It is governed under the provisions of the

Indian Contract Act 1872. Transfer ofProperty Act, 1882
 Legal Drafting
InternShalla

002, Meditech Apartments, Plot 59, Sector 56

Gurugram, Haryana 122 010
Phone: 9811116576
Fax: 0124.4067794
E-Mail: pradeepgill@strateing.in
Web: Strateing.in
 Legal Drafting
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 Legal Drafting
InternShalla

CHAPTER DESCRIPTION
Deeds, Types of Deeds and Document
2  Components of Deeds
03A Agreements and Contracts (represented succinctly)
04 Hands on Drafting (represented succinctly)

Aforementioned chapters have been represented succinctly,

In a graphic format, respectively, on forthcoming pages.

002, Meditech Apartments, Plot 59, Sector 56

Gurugram, Haryana 122 010
Phone: 9811116576
Fax: 0124.4067794
E-Mail: pradeepgill@strateing.in
Web: Strateing.in
 Legal Drafting
InternShalla

The lawyer’s greatest weapon is clarity

And its whetstone is succinctness .

Legal Drafting’s matrix represented

in graphical format at the next page

002, Meditech Apartments, Plot 59, Sector 56

Gurugram, Haryana 122 010
Phone: 9811116576
Fax: 0124.4067794
E-Mail: pradeepgill@strateing.in
Web: Strateing.in
 Legal Drafting
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Details viz a vie DRAFTING OF DOCUMENTS i.e. Laws applicable, Stamp Duty payable, Registration of Documents and Its Procedure
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Drafting of documents also includes their Registration: Details w.r.t Process, Place, Time Limitation and Certain
Requirements of Documents registration is appended below
 Legal Drafting
InternShalla

Having perused through the niceties of legal drafting succinctly, it must

be highlighted, that, there are influences that tend to perpetuate the
traditional style of legal drafting. Having examined the traditional legal
drafting there has been a move towards plain legal language. There
remain some of the benefits of using modern, Standard English.

The techniques of drafting in modern, Standard English: the ‘how to’.

The best way to begin is by considering what not to do – that is, by
considering techniques the drafter should avoid.

Hence aspects of the traditional style and characteristics of traditional

legal documents that should be shunned (avoided) by the legal drafter
who wants to move to a clear, modern style are appended below.

 Wordiness and redundancy

 Overuse of the modal verb ‘shall’
 Obscure language
 Unusual word order
 Constantly litigated words and phrases
 Foreign words and phrases
 Unduly long sense-bites
 Legalese and jargon
 Peculiar linguistic conventions
 Use of noun phrases in place of verbs
 Overuse of the passive
 Deeming
 Poor use of definitions
 Overuse of capitals
 Careless use of provisos

002, Meditech Apartments, Plot 59, Sector 56

Gurugram, Haryana 122 010
Phone: 9811116576
Fax: 0124.4067794
E-Mail: pradeepgill@strateing.in
Web: Strateing.in
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