Drafting Skills

▪ Drafting is an Art and a skill which a legal practitioner

must possess .
▪ Thus , it is very important that every Laywer should
acquire and practice the skills of good drafting.
▪ The expression ‘Draft’ means rough sketch of a writing or
document, from which the final or fair copy is made. Thus
drafting is the primary stage of writing.
▪ One who drafts or frames a deed or document , such as a
lease deed , mortgage deed etc. is called a draftsman.
SIGNIFICANCE OF DRAFTING:
▪ The draftsman of a document or of pleadings has dual
responsibility . Firstly through his writing he has to
accomplish the task for which his services are hired and
secondly he has to meet the needs and expectations of his
client .
▪ Thus , the draftsman ensure that both his requirements
are fulfilled and there are no lacunaes in the document so
drafted.
▪ Improper drafting can damage the interest of the client or
may affect title to immovable property . If pleadings are not
drafted carefully it can spoil the case of the litigating party.
 Condt…..
▪ A legal document is likely to be handled by several persons
concurrently or successively . Therefore , every care has to
be taken to ensure that the document is devoid of any
ambiguity or vagueness , otherwise the whole purpose of
drawing the deed will be defeated.
▪ If pleadings are drafted with precision and clarity, half the
legal battle, is already won for the client. This will not only
safeguard the interest of the client but will also save the
valuable time of the judiciary, and the courts can decide
the disputes before it effectively and expeditiously.
▪ A lawyer should obtain complete and correct information
and proper instructions from the client otherwise any
omission or error in drafting can jeopardise the rights and
interests of the parties who are governed by such
document or pleadings.
Condt….

▪ Once a document or deed is drafted and duly executed by

the parties it results in transferring of right, title and
interest immovable property from one party to another.
Therefore, utmost care must be taken while drafting such
deeds, agreements, etc.
▪ Every lawyer before he begins to draft must be well versed
with facts, should have thorough knowledge of the
applicable substantive & procedural laws along with the
latest amendments & judgments.
BASIC PRINCIPLES OF GOOD DRAFTING -

Document should be Clear -

Simple words
No ambiguity
Ascertain meanings of words used
Avoid legal jargon
Only one connotation for one term

Logical Arrangements –
Logical order of document
Eliminate substantive inadequacies and repetition.
Condt..

Consistent usage of words –

Same words in same sense
Final product should be clear

Compliance with legal requirements –

Legal requirements should be incorporated
A document which is void ab initio has no existence in law.
Contractual obligations should not be contrary to the law.

Direct expression in document –

Nothing implicit
Simple sentence preferred to complex.
Precautions to be taken for drafting -
Divide into paragraphs
First word/phrase of important part of deed in capitals
Proper punctuation
Use terms like ‘not exceeding’ instead of ‘less than’ and
‘more than’
Clauses in subsequent paragraphs should not be referred
without giving numbers
Small sentences in simple language
Avoid negatives in successive phrases
State dates, sums and numbers in both figures and words.
Fill blank spaces in documents before execution.
WHAT IS CONVEYANCING ?
▪ Conveyance is the act of transferring property from one party to another.
▪ The term is commonly used in real estate transactions when buyers and sellers
transfer ownership of land, building, or home.
▪ A conveyance is done using an instrument of conveyance – a legal document
such as a contract, lease, title, or a deed.
▪ Conveyancing relates with deed, document & instrument.

▪ Main basic Contents of Conveyance Deed –

✔ The actual demarcation of the property.
✔ Other rights annexed to the property and its use.
✔ The full chain of titles, that is all Legal rights up until the present seller.
✔ The method of delivery of the property to the buyer.
✔ A memo of the consideration, stating how it has been received.
✔ Any further applicable terms and conditions for the full transfer of ownership
rights.
Condt……

Importance of Conveyancing in the transfer of Property –

▪ Conveyancing Certifies that the buyer is up – to-date in
the improvement of any restrictions on the property, such
as debts and liens, and convinces the buyer of a clean title
to the property.
▪ Every Deed & Documentation relating to property or other
commercial transaction has to be based on the law
relating thereto, otherwise the document may prove to be
illegal or ineffective and so also the transaction
represented by it.
▪ That is where Conveyancing comes and becomes a branch
of the legal system and practice.
Drafting of a Deed

► Drafting of a deed involves the following components –

1. The law by which the parties are governed
2. Effect of transaction
3. Certainty & Clarity by using appropriate words &
Expressions. The draftsman must conceive the
design, effect of document before beginning with the
draft of a deed
 Components of a Deed
1. Name or title of the Deed
2. Date & Place
3. Parties
4. Recitals – the background & the purpose of the document (introductory
part)
5. Testatum – (witness) ‘NOW THIS DEED WITNESSES AS FOLLOWS’
6. Terms & Conditions
7. Habendum – it states that the transferor allows & declares that the
transferee is entitled ‘ to have & to hold’ the property described in the
deed.
8. Testimonium – it is the last or concluding part of the deed. It is
generally written ‘IN WITNESS WHEREOF’ (signature clause)
9. Schedule of the property
10. Execution & attestation
PLEADING
► Asking a court to grant relief. The formal presentation of claims
and defenses by parties to a lawsuit.
► The specific papers by which the allegations of parties to a
lawsuit are presented in proper form; specially the complaint of
a plaintiff and the answer of a defendant plus any additional
responses to those papers that are authorized by law.
► Pleadings contain complaints, answer, counterclaims and reply.
► Pleading can be defined as a formal statement that requests the
court to either grant a relief or pass a verdict in a dispute.
► Pleadings are the first documents that the parties file before the
court.
FUNDAMENTAL RULES OF PLEADING

► Pleadings must state only the facts and not the law.
► Pleadings must state material facts and material
particulars.
► Pleadings must state only those facts on which the party
intends to rely and not the evidence by which they are to
be proved.
► The facts should be narrated concisely, precisely and with
certainty.
 Objectives of Pleadings
► To bring the parties to the real issues of dispute or conflict.
► To know the case of the adversary and accordingly prepare the defense
and lead evidence at the time of hearing. Thus the pleadings act as a
fair notice to the other party.
► It ensures that none of the party is taken by surprise at the time of
hearing.
► The aim of pleading is also to inform the opposite party/defendant the
contentions, allegations made against them so as to give a fair chance
to the opponent to put up his defense.
► For example, in case of defamation, details of defamatory statement,
when and where the statement was made and was there any
publication of the statement, all these facts gives fair opportunity to the
defendant to put up his case.
► The basis of the claim and relief sought is disclosed in the pleadings.
Condt….

► Pleadings not only help the litigating parties to know

each other’s case but also aids the court to know the
actual issues to be discussed and decided and on
whom the burden of proof rests, thus saving time,
reducing the bulk of evidence, and thereby
diminishing the expense and the delay in respect of
testimony.
► To know the precise facts each party has to prove his
or her contentions to succeed.
► It prevents the issue from being enlarged.