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Conveyancing and Its Importance

Conveyancing involves the law and practice of transferring property rights through documentation. It requires meticulously drafting legal documents to transfer immovable property rights from one person or entity to another through various methods like sale, mortgage, lease, or gift. The principles of conveyancing drafting include using clear, unambiguous language expressed in short, simple sentences to accurately capture the intentions of the parties involved without omitting relevant details or including unnecessary information. Following standardized design and language precision helps ensure property transactions and contracts are legally effective and reduce future disputes over the terms. Conveyancing is an important branch of the legal system for properly documenting all property and commercial deals.

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93 views2 pages

Conveyancing and Its Importance

Conveyancing involves the law and practice of transferring property rights through documentation. It requires meticulously drafting legal documents to transfer immovable property rights from one person or entity to another through various methods like sale, mortgage, lease, or gift. The principles of conveyancing drafting include using clear, unambiguous language expressed in short, simple sentences to accurately capture the intentions of the parties involved without omitting relevant details or including unnecessary information. Following standardized design and language precision helps ensure property transactions and contracts are legally effective and reduce future disputes over the terms. Conveyancing is an important branch of the legal system for properly documenting all property and commercial deals.

Uploaded by

Elated Tarantula
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Conveyancing:

-The law and practice of effecting property transactions and of contract in general is commonly
known as conveyancing. That is it a system of documentation relating to transactions of properties
as well as contracts

We know a property moveable or immovable can be transferred in no of ways like sale, mortgage,
lease, gift trust etc and such transactions if of immovable has to be in writing. If an immovable
property is transferred by way of sale, mortgage etc and its value is less than 100/-, then it need not
be in writing (this exception does not virtually exists). Similarly Transactions of movable property by
sale, hire, pledge or gift can be effected without a documents.

It is an art of drafting deeds and documents whereby any right, title or interest in an immovable
property is transferred from one person to another. Such persons may be natural or artificial i.e.
Corporate, the company, the society.

Conveyancing is based on law and legal principles which have been evolved in the sphere of
Conveyancing over years or rather Centuries. The objective of Conveyancing cannot be possible
without a thorough knowledge and understanding of the legal provisions applicable on the subject
matter of transfer of property· or right therein.

Importance of Conveyancing: All dealings and all transactions of properties are required to be in
consonance with the law. So every document relating to property or other commercial transactions
has to be based on the law relating thereto, otherwise the document may prove to be illegal or
ineffective. That is where conveyancing comes and becomes a branch of the legal system and
practice.

Advantages: If documentation is made systematically and meticulously it would put every


transaction embodied in it in its proper perspective. It would save lot of disputes between parties
and their successors and consequently it would save a lot of litigation. It also makes the court’s job
to interpret the transaction between the parties easy.

In the present world, the scope of Conveyancing has become very wide and extensive in use and
advantageous to different fields of business, profession and industries,

Drafting document is now a legal task and not merely a technical one. Different types of deeds
require knowledge of different types of law on which those deeds are based. To draft a trust deed,
the law of the country regarding creation of trusts is very much essential to be known.

Principles of drafting of document

(1) clarity of expression – whatever is being scribed/written, it must be clear in its expression. It
should be unambiguous, that is, it must not have two meaning of any expression used in
drafting. The sentences for the purpose should be short and easily understandable, should
not have compound and complex sentences. The reader or the person using the document
should not have any difficulty in understanding the meaning of the sentence which is being
scribed. The words used should not be technical or in a foreign language.
(2) Design of the draft- The design of the drafts should be in conformity with law. Systematically
the design is simply to be followed so that nothing material or relevant may be left or
omitted and nothing unnecessary may be included in the document, which is quite irrelevant
for the purpose. A well-drafted deed is that which is strictly logical step by step and has
nothing emotional or imaginary or unsystematic.
(3) Precision of language - The language of the document must be precise, the words used for a
particular meaning should be used. If the words used in the draft do not convey the exact
meaning, then the draftsmen should not hesitate to explain the same.
A draftsman should keep· in mind the following rules:
i. Familiar words of every day common language should be preferred over too
technical words.
ii. Concrete words should be preferred over the abstract words as it is vague. Eg say
you mean automobiles you should not say vehicle or for rifles you cannot say
firearms.
iii. Short words should be preferred to the long or compound words.
iv. Simple Sentences should be preferred to compound or complex sentences, and
v. Active voice of grammar should be preferred to the passive voice. Because passive
sentences are too long and roundabout.
vi. Communicability of the intention of the parties to the document.

The only purpose of scribing a deed is to communicate the intention of the parties to the other
parties to the document

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