FUNDAMENTALS

OF
DRAFTING

Shamim Dalvi
Advocate
&
Adjunct Professor
Government Law College, Mumbai
 RECIPE FOR GOOD DRAFTING
• Thought Process
-the quality of drafting reflects the thinking power
- Can be cultivated and refined

• Language
-Effective tool of communication
-Cluttered or confused thinking results in muddled, unintelligible,
ambiguous language
 ESSENTIALS OF GOOD DRAFTING

• Clear thinking.
• Command over the language.
• Clarity in language
• Precision and conciseness
• No ambiguity
• No repetition
 DOS AND DONTS OF DRAFTING
(+) YES (-) ABSOLUTELY NO

• Clear Must not give rise to multiple

interpretations
• Unambiguous Not verbose
• Definite – Conclusive No tautology
• Coherent Not repetitive
• Precise Not confused
• Concise Not lengthy, Devoid of superfluous words
 ESSENTIAL CHARACTERISTICS OF DRAFTING

• Law
• Facts
• Language

• Drafting is nothing but the synthesis of law and facts in the form of a
language.
• Law is the foundation, Facts are the Structure and the Language is
the Architecture.
 PROCESS OF DRAFTING
• Master the facts
• Ascertain the applicable law
• Marshall your thoughts
• Arrange the facts chronologically, from past to the present.
• Conceive a plan or design of the draft.
• Nothing relevant should be omitted or admitted at random.
• A necessary result should not be stated or overstated.
• The format must be logical
• Language must be precise, accurate and unambiguous, capable of clear
meaning and not multiple interpretations.
• Avoid repetition, tautology of words and superfluous words.
• Use the familiar word to the far-fetched, concrete word to abstract,
single word to circumlocution, Saxon word to Roman.
 COMPONENTS OF A DEED
• BEGINNING PART: Name of Deed,
Place, Date, Parties (Individuals, Company,
Partnership)

• RECITALS: narration of the factual history concerning

the matter in chronological order. past to
present.
 COMPONENTS OF A DEED (CONT.)
OPERATIVE PART

Testatum: “NOW THIS DEED WITHNESSTH AND IT IS

HEREBY AGREED BY………(parties)
COMPONENTS OF A DEED (CONT.)

Consideration
Description of property
All estate clause (conveys the property)
Habendum clause (to have and to hold)
Exceptions and Reservations,
Rights and Duties
Covenants (Title, Encumbrance, Right to Convey)
Quiet and peaceful possession,
Further assurances, Title deeds,
Right of Way
 COMPONENTS OF A DEED (CONT.)
• TESTIMONIUM: “IN WITNESS WHEREOF the parties have set their
respective hands to these presents the day and the year
first hereinabove mentioned.”

• Schedule of property

• Execution and Signing Clause (Individuals / Company)

• ATTESTATION: Mandatory attestation by TWO Witnesses required in-

• Will, Deed of Gift, Mortgage Deed.