Drafting, Pleading and

Conveyancing–1
Part 1
Kaoustubh T. Jagadale
What will we learn? - Syllabus
•Letter for obtaining permission from a statutory authority • Journal – Document your journal,
•Letter of Attornment Theory (at least a bit of what the
•Accountable Receipt document is all about), your written
•Promissory Note document
•Affidavit for change of name
•Declaration • Practical paper, purely procedural aspect
•Adjournment application in criminal matter of the profession
•Vakalatnama in High Court • Books:
•Vakalatnama in City Civil / District Court
• Dhingra & Mogha’s The Law of
•Schedule of property – plot of land with structure thereon
•RTI application
Pleadings in India
•Will • Agarwal & Mogha’s The Indian
•Codicil Conveyancer
•General Power of Attorney
•Special Power of Attorney

2
Drafting & Pleading – A brief introduction
• Drafting refers to the writing of legal documents – affidavit, written statement, petition, plaint, contracts, notices, declarations,
etc.
• Method of creating well-structured documents
• Legally binding documents on the parties
• Written in simple language so that the intended audience can read and comprehend it
• No room for any interpretation other than literal one by the Courts; thus concise and unambiguous language should be
used
• Aim is to crisp and precise
• Unnecessary abbreviations are avoided, “community jargon” and excessively long sentences are also avoided
• Pleading refers to a legal document filed in a lawsuit – applications, petitions and replies of a particular litigation, constitute a
part of the court proceedings
• “Plead” means ‘to state and argue a case’
• Pleading comprises of respective contentions of the parties in a dispute, which are reduced into writing
• Pleading implies parties are currently in dispute i.e. fighting about something
• Beginning stage of a lawsuit in which parties formally submit their claims and defenses
• In Civil proceedings: plaint stating the cause of action is submitted by the plaintiff
• The defendant will then submit his reply / answer i.e. the Written Statement stating his defenses and denials
• Thus, pleadings are the statements of facts in writing drawn up and filed in a Court by each party to a case stating therein
what his contention shall be at the trial and giving all such details as his opponent will need to know in order to prepare for
his case in answer.
• O. VI, Rule 1 of the CPC defines pleading as “Plaints or Written Statement” 3
Conveyancing – A brief introduction
• Conveyancing refers to the transferring of a real property to its new owner by means of deeds, also
involves the execution of such transfers legally
• Conveyance – an act by which property is conveyed or voluntarily transferred from one person
to another by means of a written statement and other formalities
• It also means “instrument” itself
• Term ‘Conveyancing’ does not apply to the Court proceedings
• For the purpose of creating evidence of a particular transaction, and not for the purpose of the
Court proceedings
• These documents may though be used in the Court proceedings in order to substantiate a
particular contention, claim, or submission

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Drafting
• Writing of legal documents = act of preparing legal documents
• Documents: affidavit, written statement, petition, plaint, contracts, notices, declarations, etc.
• ‘Draft’: a preliminary version of a piece of writing; a summary - containing all necessary details - of a particular
subject or situation set out in writing
• Binding legal text ⇒ create rights and duties, obligations, functions; gives out privilege; or states the status
• Connection between law, facts and language; statement of all the relevant facts and issues
• Objective: to provide ideas and proper information in a clear and concise written form - with the understanding of
“how the law operate”, so as to accomplish your “client’s goal”
• An opportunity where you can create the facts that you need to achieve a desired legal result
• To draft effective documents you must:
• Understand the client’s goals
• Maintain a Journal
• Identify the issues triggered by the project • Handwritten
• Research the law concerning the issues • Notebook or Journal Pages
• Apply the research to fashion your terms • Index
• Communicate the terms to your audience • Submit at end of Semester
for Evaluations

5
Legal Drafting Basics
• Process:
(1) Identify the facts that define what must be addressed in your document;
(2) Research the law:
(a) implicated by the facts
(b) implicated by the subject matter of the document
(3) Use the law and facts to state the terms of the document that will accomplish your client’s goals.
Remember - Drafting process is the same regardless of the type of document
• Skills:
(1) Obtaining information from the client and other sources necessary to fully understand the client’s goals and the
commercial context in which the parties operate;
(2) Preparing a rough draft expressing the basic agreement the client contemplates;
(3) Analyzing the rough draft to identify the legal issues that impact each term of the rough draft;
(4) Researching all legal issues to identify how the applicable law should be accounted for in the agreement;
(5) Analyzing the rough draft and the applicable law to identify planning and structuring opportunities available to the client;
(6) Redrafting the agreement by applying the applicable law to accomplish the client’s planning, structuring, and underlying
business goals;
(7) Using the client to test the document to ensure it will be appropriate for their business needs, including the client’s
administration of the document
(8) Editing and revising the document to ensure the deal is stated using a format and language that are clear, concise, and
functional.

6
Principles to be followed while drafting
• Be clear… - what the document means to say, does not mean to say and need not say - what the various provisions of laws that
the legal document deals with (i.e. be well-versed with the relevant Law)
• Remove the ambiguity… - Ensure that the statements made in the documents should not communicate more than one concept
• Be precise… so that the matter covered by your draft is concise, complete, and accurately reflects facts as well your ideas
• Clarity… Each sentence as well as the overall presentation of the draft should reflect clarity of your thoughts, ensure that different
sentences and different paragraphs are brought together by a single tread.
• Unilateralism… be prepared for vetting, review without necessarily accepting casual and non-contextual suggestions. Clarity as to
the bare minimum contents required to protect and safeguard your interest have been identified and included.
• Remember the chronology… If the document is supplementary to any other master document/s make sure to comply with master
documents and other supplements as well. If needed, draft the details of the other documents in a chronological order.
• Define important things… Include a chapter of definitions to define and explain the important technical concepts relating to the
document. Make sure to adhere to the definitions throughout the document. The chapter containing the definitions is placed at
the beginning of the document.
• Adaptability… The matter to be included in a draft must be adaptable to the factual position, to the circumstances of the case and
feasible/suitable to the enforcement.
• Lucidity… The language and words used while drafting must be lucid, simple and appropriate to the situation. There should not be
longer sentences or paragraphs. It must convey the message involved in it to a person of ordinary prudence. The language must
be polite and make the other side form a good opinion.
• Be Logical… So that the risk of omission and repetition is minimized. Comply with incidental mandatory requirements… such as
stamping of documents, registration, vetting, etc.
• Respect precedent and forms… without converting yourself into a mechanical follower, so that allegations like “non-application of
mind” or “cut and paste” technologist can be avoided.
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Letter to Statutory Authority requesting for permission
Letter for obtaining permission from a statutory authority - • Write a letter to a statutory authority for grant
Format of permission
Name
Address • You may use any scenario that you have come
Date: xx/xx/xxxx across earlier, else you may use the scenario
To,
Designation (The…)
below:
Address • Asst. Commissioner of Labour, for the
renewal of your license under the Contract
Subject: Grant / Renewal of Permission…. u/S. xx, ABC Act, Labour (Regulation & Abolition) Act, 1970
19XX
• Remember that you should refer the correct
Respected Madam, law under which you are moving the
I, the undersign…., R/o, ….
- application (as the case maybe), but do not tell
the authority the law under which he is
Thanking you, suppose to act
Your Sincerely,
Sd./-
Ms. PQR
Enclosed:
1. Doc 1
2. Doc. 2

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Letter of Attornment: a notice to attorn
tenancy Name
Address
• Attornment means 'the act of the tenants putting one
Date: xx/xx/xxxx
person in the place of another as his landlord’
To,
• It is an acknowledgement and an agreement of the Tenant’s Name
lessee-tenant to a grant of the reversion made by the
Address
lessor-landlord to another, made after the transfer of
ownership rights from the landlord i.e. transferor-
(lessor)-landlord to the new owner i.e. transferee- Subject: Notice to Attorn Tenancy
landlord
• Here, (1) the landlord has transferred his ownership Respected Madam,
rights to a new person, (2) (perhaps due to the I, the undersign…., R/o, ….
agreement of transfer), he is to notify and request his - Inform the tenant of the Sale of the property
tenant to attorn the tenancy to the new owner, and (3) - Authorise & request the tenant to attorn the tenancy to the new owner, his
the tenant attorns the tenancy to the new owner / new heirs, executors, administrators, or any person duly assigned
landlord - Also, Request the tenant to pay the rent to the new owner starting from a
particular date
• Refused of the tenant to attorn can be used as a basis
for eviction on the grounds of insecurity that the lease
Thanking you,
will be honored, or the existence of an actual case or
controversy Your Sincerely,
Sd./-
Ms. PQR
9
Accountable Receipt
• Written acknowledgment of the receipt of advance payment made on the
basis of a previously signed agreement
• Differs from an ordinary receipt or acquittance in that the latter
significances merely that money has been paid
• In conveyancing, the recipient of the money (the seller) issues accountable
receipt for payments received at regular intervals (i.e. installments)
• The payor (buyer of the property) receives a receipt after every installment
made by them, instead of one receipt after the end of the total price paid
• Accountable receipts have a legal force as proper evidence in the Court to
prove payment of parts / instalments of the purchase amount by the buyer
to the seller

10
 ACCOUNTABLE RECEIPT RECEIPT

Received of and from Shrimati XYZ, residing at No. 1, Received of and from Shrimati XYZ, residing at No. 1,
PQR Apts., SV Road, Goregaon (W), Mumbai 4000XX, a PQR Apts., SV Road, Goregaon (W), Mumbai 4000XX, a
sum of Rs. XX, XX, XXX/- (Rupees {amount in words} sum of Rs. XX, XX, XXX/- (Rupees {amount in words}
only) vide DD / Cheque / RTGS Transaction No. XXXXX only) as mentioned hereunder, being the balance and
drawn on BNK Bank, being the part consideration of the full and final consideration of the sale price set in terms
sale price set in terms and conditions of the Agreement and conditions of the Agreement for Sale dated Xth day
for Sale dated Xth day of {month}, 2022 executed, of {month}, 2022 executed, lodged, and registered with
lodged, and registered with the office of the Joint Sub- the office of the Joint Sub-Registrar, Goregaon (W)
Registrar, Goregaon (W) under Sr. No. XXX dated Xth under Sr. No. XXX dated Xth day of {month}, 2021.
day of {month}, 2021.
Cheque Dat Amoun Bank Name & In Favour
No. e t Branch of…
Dated Yth day of {month}, 2022
I SAY RECEVIED
Sd/- Dated Yth day of {month}, 2022
{Executant’ name} I SAY I HAVE RECEVIED
Sd/- {partially on Revenue
Witness No. 1: (Name & Signature) Stamp}

Witness No. 2: (Name & Signature) {Executant’ name &

photo}
{Aadhar Card No.}
Witness No. 1: (Name, Signature, & photo)
Witness No. 2: (Name, Signature, & photo) 11
Promissory Note
• Promissory Note is issued under S. 4 of the Negotiable
Instruments Act, 1881 and must always be written in hand.
Promissory Note
• It must include all the mandatory elements such as the legal
names of the payee and maker, amount being loaned / to be
repaid, the full amount of liability, and rate of interest beside
other elements. I, Shri ABC s/o Shri EFG promise to pay Shri PQR s/o
• It must clearly mention only the promise of making the Shri XYZ or order, on demand, the sum of Rs. XX,XX,
repayment, and no other conditions should be included. XXX/- (Rupees [in words] only) with interest at the rate of
X.XX per cent per mensem / annum from the date of
• Promissory Note must be stamped according to the these presents, for value received.
regulations of the Indian Stamp Act – Revenue Stamp, or on a
Stamp paper in case revenue stamps are unavailable Revenu
e
• The ideal way to lend money is via issuing crossed cheques Place: Goregaon (W), Mumbai Stamp
and details of the cheques can be mentioned in the note.
• All Promissory Notes are valid only for a period of 3 years Date: xx/xx/2022 Sd./-
starting from the date of execution, after which they will be
invalid.
• The payee / lender of the funds is normally the one who will
hold the Promissory Note. When the loan amount has been
disbursed or repaid fully, the Promissory Note must be
cancelled and marked as “Paid in Full”, after which it can be Note: In case revenue stamp is not available,
returned to the borrower / payer / issuer. promissory note can be issued on a stamp paper
• While the signature of a witness is not a mandatory
requirement, it is advisable to have a note signed by a witness
who is independent from the transaction. 12
Affidavit for change of name
• Affidavit = a sworn statement in written
format made especially under an oath or
affirmed before an authorised officer or
magistrate
• Thus, it is a declaration of facts made in
writing and sworn before an authority
empowered / authorised to administer
oath
• Affidavit for change of name is used to
adopt a new name and initiate the
subsequently necessary changes in
official documents where the old name
appears i.e. to replace old name with the
new name in various official documents
such as Passport, Educational Certificates,
etc.
• To be made on a stamp paper
AFFIDAVIT
I, __________ daughter of _____________ and wife of _________ aged ___, residing at
__________________, do hereby solemnly affirm and declare as
under:
1. That my maiden name is _____________.
2. That I got married to Shri (name of the husband) on (date of marriage) at
(place of marriage).
3. That after marriage my name is __________ and all the records have the same
name.
4. That I have obtained the marriage certificate.
5. That I state that (maiden name) and the (present name) is the name of one
and the same person and that is myself.
I am executing this declaration to be submitted to the concerned authorities for
the change of name.
I hereby state that whatever is stated herein above are true to the best of my
knowledge.
Solemnly affirmed at _____ )
On this __ day of ___ 2022 ) (Signature of the Applicant)
Deponent {w/ Aadhar Card No.}
(Passport Size Joint Photograph with spouse)
Identified by me
Advocate
Before Me
SEM / Oaths Commr./Notary
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Declaration
• Declaration (or Self-Declaration) is a
written statement made by its signee that
the information he has just provided
(some while earlier or simultaneously) is
true, and that he is not hiding or falsifying
any information.
• It tests the honesty/openness of the
signee who is providing the information.
• False declaration made by the signee is
punishable under law (e.g. Ss. 177, 193,
199, & 200 of IPC)
• E.g. IT Returns, Health Certificate
Application form, Original Work
declaration to a Publisher, etc.
DECLARATION
I, ........, age ....., resident of ............., hereby
declare that the information given above and in
the enclosed documents is true to the best of my
knowledge and belief and nothing has been
concealed therein. I am well aware of the fact
that if the information given by me is proved
false/not true, I will have to face the punishment
as per the law. Also, all the benefits availed by me
shall be summarily withdrawn.
Date:
Place:
Name and Signature of the Applicant
(with Photo Identity Card No.)
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Adjournment application
in criminal matter
• ‘Adjournment’ means temporarily or
permanently postponing or deferring or putting
off the legal proceedings
• It can be either for a specified date or for an
indefinite period which is known as sine die
• Adjournment is by and on the discretion of the
Court
• But the Court cannot suo moto adjourn the
case- atleast one party in the matter has to
make a request for it
In the Court of Ld. Addl. C.M.M., …………
Case No. ………
State of Maharashtra _____ Complainant
Versus
XYZ _____ Accused/ Applicant
APPLICATION FOR ADJOURNMENT
Most Respectfully Showeth:
1. That today is the date fixed for hearing and examination of
witnesses.
2. That the Counsel for the Accused is suddenly suffering from
high fever, and therefore, is unable to attend the Court today.
3. That in absence of the Counsel for the Accused, it is not
possible for the Accused to proceed with the matter today.
4. That the Accused will seriously be prejudiced if the hearing
and examination of witnesses are taken up today.
In the above-mentioned circumstances, it is prayed that the
matter be adjourned today in the best interest of justice, and
that another date be fixed for hearing and examination of
witnesses.
And for this act of kindness, the Accused as in duty bound, shall
ever pray.
Date:
Sd/-
Advocate for the Accused
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Vakalatnama in
High Court
• No specifically or exactly definition
• S. 2(u) of Advocates’ Welfare Funds Act, 2001:
“Vakalatnama” includes a memorandum of
appearance or any other document by which
an advocate is empowered to appear or plead
before any court, tribunal or other authority
• Written document signed by the grantor to
allow his advocate to plead the case on his
behalf before the Court
• Shows that the grantor has assigned the
advocate for that particular case
• The advocate gets legal powers to handle the
case legal dispute through this document
• Vakalatnama gives limited powers to the
advocate & only allows pleading in relation with
the legal issues

16

Vakalatnama in City
Civil / District Court
• No specifically or exactly definition
• S. 2(u) of Advocates’ Welfare Funds Act, 2001:
“Vakalatnama” includes a memorandum of
appearance or any other document by which an
advocate is empowered to appear or plead before
any court, tribunal or other authority
• Written document signed by the grantor to allow
his advocate to plead the case on his
behalf before the Court
• Shows that the grantor has assigned the
advocate for that particular case
• The advocate gets legal powers to handle the
case legal dispute through this document
• Vakalatnama gives limited powers to the
advocate & only allows pleading in relation with
the legal issues
• Variations when compared to the one to be filled
in a High Court
Vakalatnama
IN THE COURT OF .......................................................................
Suit/Appeal No.........................................................................of 200...
In re: -.............................................Plaintiff /Appellant /Petitioner/ Complainant
VERSUS
...................................................................Defendant/Respondent/ Accused
KNOW ALL to whom these present shall come that I/We. ...............................the above named...................................
..........do hereby appoint:
(herein after called the advocate/s) to be my/our Advocate in the above noted case authorize him:-
1. To act, appear and plead in the above-noted case in this Court or in any other Court in which the same may
be tried or heard and also in the appellate Court including High Court subject to payment of fees separately
for each Court by me/us.
2. To sign, file, verify and present pleadings, appeals, cross-objections or petitions for executions review
revision, withdrawal, compromise or other petitions or affidavits or other documents as may be deemed
necessary or proper for the prosecution of the said case in all its stages subject to payment of fees for each
stage.
3. To file and take back documents, to admit and/or deny the documents of opposite party.
4. To withdraw or compromise the said case or submit to arbitration any differences or disputes that may
arise touching or in any manner relating to the said case.
5. To take execution proceedings.
6. To deposit, draw and receive monthly cheques, cash and grant receipts thereof and to do all other acts and
things which may be necessary to be done for the progress and in the course of the prosecution of the said
case.
7. To appoint and instruct any other Legal Practitioner authorizing him to exercise the power and authority
hereby conferred upon the Advocate whenever he may think fit to do so and to sign the power of attorney on
our behalf.
8. And I/We the undersigned do hereby agree to ratify and confirm all acts done by the Advocate or his
substitute in the matter as my/our own acts, as if done by me/us to all intents and proposes.
9. And I/We undertake that I/We or my/our duly authorised agent would appear in Court on all hearings and will
inform the Advocate for appearance when the case is called.
10. And I/We the undersigned do hereby agree not to hold the advocate or his substitute responsible for the
result of the said case.
11. The adjournment costs whenever ordered by the Court shall be of the Advocate which he shall receive and
retain for himself.
12. And I/We the undersigned to hereby agree that in the event of the whole or part of the fee agreed by me/us
to be paid to the advocate remaining unpaid he shall be entitled to withdraw from the prosecution of the said
case until the same is paid up. The fee settled is only for the above case and above Court. I//we hereby agree
that once fee is paid, I/We will not be entitled for the refund of the same in any case whatsoever and if the case
prolongs for more than 3 years the original fee shall be paid again by me/us.
IN WITNESS WHEREOF I/We do hereunto set my/our hand to these presents the contents of which have been
understood by me/us on this.............day of ............200
Accepted subject to the terms of the fees.
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Advocate Client Client