DRAFTING

1. DRAFTING - MEANING
Drafting is the process of preparing the legal documents like contracts, agreements, deeds,
notices etc. Drafting may be defined as the synthesis of law and fact in a language form.1
Legal drafting is the way of expressing a legal right, privilege, duty or status in a definite
form. It is the development and preparation of legal instruments such as constitutions,
statutes, regulations, ordinances, contracts, wills, conveyances, indentures, trusts and leases,
etc.
Drafting of a legal document requires the draftsman to have a pre-requisite knowledge of the
facts and law, so as to put facts in a systematised sequence to give a correct presentation of
legal status, privileges, rights and duties of the parties.

2. DRAFTING PROCESS
a. Identification of the facts: jot down the facts are necessary so that must be mentioned
in the document.
b. Research the law: relating to the facts research the laws and provisions related to the
facts mentioned by the client in two ways-
 Implicate by the facts
 Implicate by the subject – matter of the document
c. Usage of law: use the laws and the facts to state the terms of the document in such a
manner that it fulfils the client’s goals.

3. IMPORTANCE OF DRAFTING
a. A well drafted document clearly declares its purposes.
b. Drafting ensures the proper and right applicability of the laws and provisions.
c. It also ensures that the draft is structured properly or not.
d. Drafting acquaints a layman with the world of legal documents.
e. A draft or a document helps the counsel to get well acquainted with the case of the
party.
f. A document specifies the legal issue, statements of the client and the remedies sought
if any of the party.
g. Drafting is the most important instrument of legal communication.
h. Drafting presents all the relevant information about a legal issue.

4. TYPES OF LEGAL DRAFTING

There are many kinds of drafts few of them are mentioned below:
a. Agreements
b. Business documents
c. Contract
1
Stanley Robinson: Drafting Its Application to Conveyancing and Commercial Documents (1980).
 d. Deed
e. Trust
f. Will

5. DRAFTING PRINCIPLES
While drafting a document the draftsman should keep following tips in mind:
a. The document should be easy and self-explanatory.
b. The document should be drafted in a way that it is understood clearly to any person
who has competent knowledge regarding the subject-matter of the issue.
c. Negative statements should generally be avoided in the document.
d. Nothing to be added or omitted randomly.
e. The content of the document should be divided into paragraphs containing relevant
facts and terms.
f. While drafting a document active voice is generally preferred as compared to the
passive voice.
g. The ambiguity of the document should be checked before handing it to the client.
h. Use of familiar words instead of difficult jargon may provide a better understanding
to the client.
i. Research well in advance about the laws and provisions related to the subject-matter
before drafting a document.
j. One should make a rough draft of the document first expressing the basic terms that
the client contemplates.
k. Analysing the rough draft to identify the legal issues that impact each term of the
rough draft.
l. Avoid unnecessary repetition.
m. Try to express the ideas in fewer words.

PLEADING
1. PLEADING – MEANING
Pleading is a formal statement that requests the court to either grant a relief or pass a verdict
in a dispute. The plaintiff initiates a lawsuit by filing a complaint while the respondent will
file an answer to the claims of the plaintiff. The pleadings are the first documents that the
parties file before the court. However, further the other documents are added in case the trial
continues.2

2
https://www.lawnn.com
Pleading is that document which is filed at the first stage of a lawsuit. It is the pleading which
initiates the suit. According to Section 26 of CPC3 a suit is instituted when there are two
things present, first, plaint and second, a written statement.
 Plaint – It is the document that contains plaintiff’s cause of action.
 Written statement – It is the document that contains the reply of the defendant to the
facts raised by the plaintiff.

2. PURPOSE OF PLEADING
a. Modern court adopted that pleadings to be written to categorise cases into the
appropriate courts of jurisdiction.
b. It makes the identification of the facts to be settled, easy for the courts.
c. Pleadings are used for the classification of the cases4.
d. Pleadings ensure that each of the parties are provided with the equal opportunities to
present their case.
e. It also ensures that there is good understanding of the opponent’s case.
f. Pleadings also eliminate unnecessary call for evidences that might turn irrelevant
afterwards.

3. FUNDAMENTAL RULES OF PLEADING

a. It should contain facts: The pleading should mostly contain the facts not the laws.
There should be no provisions of laws or conclusion related to the laws mentioned
in the plaint those are the areas of concern for the judges. However, legal pleas are
the exceptions to this principle.
b. Facts must be clearly stated: A well written plaint is the one which has the facts
and material facts clearly mentioned without any vagueness and ambiguity to
either lay claims or defend themselves.
c. Facts must be stated with accuracy and they must be certain.
d. All the related documents must be stated clearly.
e. Pleading should be made in paragraphs and that too precise and without repetition.
f. Other rules:
 Every pleading should be signed by the party.
 Every pleading should bear the address of the party.
 Every pleading should be verified by the party.

CONVEYANCING
3
The Code of Civil Procedure, 1908.
4
https://www.lawnn.com/pleadings
 1. CONVEYANCING – MEANING
Conveyancing is the drafting of deeds and legal documents whereby any right, title or interest
in tangible immovable property is transferred from one person to another.5
The word conveyancing means an instrument or deed through which one or more living
person transfer his or their interest in present or in future in or upon an immovable property
to one or more living persons. In other words conveyance means an act by which property is
conveyed or voluntarily transferred from one person to another by means of a written
instrument and other formalities.
Section 2(10) of the Indian Stamp Act, 1899 defines the term ‘conveyance’ as: “Conveyance
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 for by
Schedule I6.”

2. PRINCIPLES OF DRAFTING A CONVEYANCE DEED

Things to keep in mind while drafting a conveyance deed:
a. Clarity of expression: the meaning of the draft should be clear without any vagueness
and ambiguity. It must not contain two meanings of one expression which makes it
hard to understand to the client.
b. Design of the draft: the design of the draft should be as per the law. As the law states
the draft should be according to it without any fault.
c. Precision of language: the language used in the draft should be short and precise.
Keep the draft short as much as possible.

3. KINDS OF CONVEYANCE DRAFTS

There are three major kinds of voluntary conveyance:

a. Public grant: Publicly-owned land is transferred to a private individual.
b. Private grant: Privately-held land is transferred to an individual.
c. Public dedication: Privately-held land is transferred to the government or an
organization operated by the government.

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6
Indian Stam Act, 1899.