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Drafting:-
● Meaning:- Drafting is the process of synthesis or combination of law and facts in the
form of language. There are three essentials of drafting:-
1. Law
2. Facts
3. Language
A person who specializes in the act of drafting documents is known as draftsman.
But a scriber is the person who writes the document and not one who drafts it.
A document is a communication of thoughts of both the parties.
● Object:-
The object of drafting is to state the intention of parties in the clearest possible language in
order to keep the evidence of those intentions in writing. Drafting is done by lawyer. Drafting
calls upon all the skills of lawyers. Good draftsman are those who have a comparatively wide
experience of law and knows the techniques to understand their clients' thoughts, intention
and desires and quickly appreciate the manner in which the proposed document will be
operated. They possess wide experience of life and law, adequate understanding, principles
governing the construction of provisions.
It is desirable that the language employed in drafting be simple, precise and exact. It will be an
error of unskilled draftsman to make negative statements. This shouldn’t be done. It is
desirable to use technical expressions which have acquired a clear meaning to avoid any
confusion. A draftsman must bear in mind the distinction between law and ethics. The building
of drafting is built upon 4 pillars :-
1) Rights
2) Duties
3) Wrongs
4) Remedies
A draftsman must have a clear understanding about rights and wrongs and remedies.
● General principles of drafting:-
i. Whether the court in which pleadings are to be presented has the jurisdiction or not
ii. Material facts should be ascertained, arranged in a chronological manner
iii. Whether the claim is within the prescribed period of limitation
iv. Every suit has got to be valued for the purposes of jurisdiction and valuation in fixed
determines the jurisdiction of the court
v. Court fee should be paid
vi. Evidence should not be stated in the pleadings
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vii. For drafting a good pleading, the basic guidelines in the detailed study of provisions of
the substantive law applicable so as to make a pleadings accurate and brief.

● Qualities of good drafting:-

a) Conciseness:- a good draft should be in a concise form. It means the material facts and
necessary words should be used and a good draft should avoid inclusion of unnecessary
and immaterial statement which in no way a relation to the subject matter. Draft should
be in point only. The lengthy drafts doesn’t give a good impression to the reader.
b) Clarity:- There should be absolute clarity in writing so that reader is able to understand
its contents without stress or strain. Simple words should be used which will avoid any
confusion in the mind of readers. A good writing should contain various paragraphs for
expressing various ideas or subject matter. It will avoid mixing of different ideas and
matter.
c) Completeness:-: A good writing should contain all the essential information and it
should answer all the possible questions which may struck to the mind of the readers. It
means nothing material related to the subject matter be left out.
d) Preciseness:- The facts contained should be accurate and there should be no ambiguity.
There should be a perfection in the statements made. The writing should be free from
grammatical, spelling and punctuation marks.
e) Pleasant accent:- It is an art of good writing to create an impression on its reader by
using courteous and polite words.

Deed and its kinds:-

● Deed means something done or performed which is synonymous with act.
● In legal sense, it means a solemn act denoting document and it may be defined as an
instrument written on a paper executed, signed, sealed or delivered by the executant.
● A document or an instrument through which a present/ future interest in an immovable
property is transferred by one or more living persons to another living person or
persons is called deed.
● It is called a deed because it is considered the most solemn and authentic act that a
person can possibly perform in relation to his property.
● Statements made in deeds may amount to admission and may operate as estoppel in
certain circumstances.
● S.3 of Indian evidence act provides that all documents can’t Be deed but every deed can
be considered as document.
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Kinds of deeds:-
● Deed poll
● Indenture deed

● Deed poll:- It was called deed poll or single deed because it was executed by one
party only . E.g. Power of attorney, will etc.

● Indenture deed:- A deed between two or more persons or parties importing the
meaning of executed contract of transfer made under sale . E.g. lease deed, sale
deed etc.

Similarities and differences between deed poll and indenture deed:-

Similarities:-
● Both are executed contracts and always in writing.
● Both are deeds of conveyance i.e. transfer and used as documentary evidence.

Differences:-

Deed poll Indenture deed

Deed poll executed by one party only and it Executed by two or more persons and it is
is an unilateral document. bilateral or multilateral document.
For e..g. Will, Power of attorney etc. For e.g. gift deed, sale deed etc.
It is written in first person. It is written in third person.

It may be commenced with the expression It may be commenced with “THIS DEED OF
“To whomsoever” it may concern. ………..”
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Ques.. How documents should be interpreted or what are components of deed?

Ans.
What is document?
According to section 3 of Indian Evidence Act,
Document means any matter expressed or described upon any substance by means of letters,
figures or marks, or by more than one of those means, intended to be used, or which may be
used, for the purpose of recording that matter.
Documentary evidence is an important piece of evidence of which the court, jury and tribunal
take judicial cognizance.
Components of deed –
A deed consists of various essential clauses and each clause precisely and concisely deals with
different items. The draftsman has to see and ensure that the various clauses have been
arranged in a proper sequence of order and each clause has been framed and suitably worded.
These various clauses dealing with separate and distinct items of the subject matter of any
deed or document are called components of deed.

There are 3 parts of deed-

1. Non operative part
2. Operative part
3. Formal part

● NON-OPERATIVE PART-
a. Description of deed or name of the deed-
A usually begins with the name of the deed i.e. document of transaction to which it relates.
E.g. THIS DEED OF SALE ___________
The expression may be written preferably in capital letters.
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b. Date of the deed-

Date should be mentioned with the name of the deed. It Should be in words and not in
figures.
E.g. THIS DEED OF SALE is made on 2nd day of April, 2021.

c. Parties-
Name of the parties should begin with the word “BETWEEN” The name of first party , his
age, his father’s name, residence and then his trade or profession.
After the name of the first party, similarly mention the name and description of the second
party with the word “AND”
E.g. THIS DEED OF SALE is made on 2nd day of April,2021
BETWEEN Abc is aged about ___ years, d/o ____,
r/o ____ (herein after called the seller) of the one part.
AND Xyz is aged about ___ years, d/o ____,
r/o ____ (herein after called the buyer) of the other part.

d. Recitals
It shall contain brief history and motive of transaction is mentioned in recital.
Starting with “WHEREAS” when operative part is not clear then recital part will be used.

● OPERATIVE PART:-
a. Testatum
It begins with “ NOW, THIS DEED WITNESSES. It contains considerations for
which the transfer is made.
b. Habendum
It begins with the words “ TO HAVE AND TO HOLD”. The property is
transfer for life or for specified period of time as mentioned.
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c. Exceptions and reservations

If transferor wants to reserve some rights that should be mentioned in
deeds only.
d. Covenants
Terms and conditions will be mentioned. Rules can’t be included in
covenants.

● FORMAL PARTS:-
a. Testimonium
It begins with “ IN WITNESS WHEREOF”. Parties have signed the deed in
pursuance of witnesses and if the date is not mentioned in non- operative
part , then it should mention here.
b. Signature and attestation
It is immediately after the testimonium. Sign of parties and witnesses after
testimonium , if they are required. Illiterate persons who are unable to sign
may affix their thumbmark.
c. Parcels
It deals with the description of the properties in which interest is
transferred. If the description of the property is short then it may be
incorporated in the body of deed. But if it is long, then it has to be given in
detail in schedule at the foot of the deed.

Some other requirements of execution:-

● Parties must be competent to contract
It is duty of draftsman to see that the parties are competent to execute the deed or not? In
case of minor, there should be guardian.
● Signature and attestation
If the person is illiterate then the deed must be read over in the presence of an uninterested
person and he should be asked to affix their thumb impression.
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● Stamp duties.
Deed must be properly stamped.
● Registration
If a deed is compulsorily registerable, it must be registered within 4 months.