Professional Documents
Culture Documents
AND DOCUMENTATION
AND
ITS LEGAL IMPORTANCE”
By
DR. MAHESH THAKAR
ADVOCATE
B.Sc.,LLM, Ph.D., FCS, CAIIB
“Reputation and learning are akin to capital assets, like the good
will of an old partnership… For many, they are the only tools
with which to hew a pathway to success. The money spent in
acquiring them is well and wisely spent.”
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Lawyers:
“Persons who write a 10000 word document and call it a brief”
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“There are two kinds of lawyers: those who know the law and
those who know the judge.”
POINTS OF DISCUSSION
1. WHAT IS A DOCUMENT?
2. VARIOUS STATUTORY DEFINITIONS OF “DOCUMENT”
3. DRAFTING OF DOCUMENTS: IMPORTANT INITIAL
ASPECTS:
4. DOCUMENTS GENERALLY REQUIRED TO BE
PREPARED UNDER VARIOUS ACTS:
5. IMPORTANT PRINCIPLES AND SUGGESTIONS FOR
GOOD DRAFTING:
6. COMMON FEATURES OF A DOCUMENT:
7. DOCUMENTATION IN CYBER WORLD:
8. DOCUMENTS AND EVIDENCE ACT:
9. OFFENCES RELATING TO DOCUMENTS UNDER INDIAN
PENAL CODE:
10. STAMP ACT (FAQs)
11. WILL
12. SOME IMPORTANT DOCUMENTS & STAMP DUTY
1. WHAT IS A DOCUMENT?
(c) Recitals:
Usually it begins with the word “whereas” and it controls
and narrates the background of the operative part of the
document. It may narrate the circumstances and context
in which the document is prepared. Followed by such
narrative recital there may be the reference of agreement
which is intended to be given effect.
(d) Parcels:
A phrase from English drafting which is popularly used refers to
property sought to be conveyed and correct description thereof.
(f) Arrangement:
It narrates and elaborates para-wise how the recitals and operative
part have been given effect.
(g) Testimonial:
It is the conclusive part and the usual phrase is “in witness whereof
the said parties hereunto have executed this deed”.
(h) Attestation:
Certain documents require attestation which means person other that
parties will witness the fact of the document being signed in his/her
presence. Such documents are will, sale deed, lease deed, etc.
7. DOCUMENTATION IN CYBER WORLD:
Q. What is impounding?
• If any public officer (other than a police officer) in discharge
of his duties and who has authority to receive evidence forms
an opinion that document is not duly stamped, he can
impound it and send it to stamp authority for adjudication.