Introduction:

Importance of drafting and conveyancing for a company executive

could be well imaged as the company has to enter into various types of
agreement with different parties and have to execute various types of documents
in favour of its clients, banks, financial institutions, employees and other
constitution.
The importance of the knowledge about drafting and conveyancing for corporate
executives has been felt particularly for the three reason
1. For obtaining legal consultation
2. For carrying out documentation departmentally
3. For interpretation of the documents
with the knowledge of drafting and conveyancing better interaction could be had
by the corporate executives while seeking legal advice from the legal experts in
regard to the matters to be in corporate in the documents to decide upon the
coverage and laying down rights and obligations of the parties therein.
Knowledge of drafting and conveyancing for the corporate executives is also
essential for doing documentation departmentally. An executive can make a
better document with all facts known and judging the relevance and importance
of all aspects to be covered therein.
Its becomes imperative to have knowledge about the important rules of law of
interpretation so as to put right language in the documents give appropriate
meaning to the words and phrases use therein, and incorporated the will and
intention of the parties to the documents.

Drafting and its meaning:

Drafting may be defined as the synthesis of law and facts in language form.
(Stanley Robsinon)
It is the development and preparation of legal instruments such as constitution.
States, regulation, ordinance, contracts, wills, conveyances, indentures, trusts and
leases,etc.
The process of drafting operates in two planes; the conceptual and verbal.
Besides seeking the right words, the draftman seeks the right concepts. Drafting
therefore is first thinking and second composing.
Drafting in legal sense means an act of preparing the legal documents like
agreement, contract, deeds etc.
Drafting of legal documents requires as a pre requisite the skills of a draftman the
knowledge of facts and olaw so as to put facts in a systematized sequence to give
a correct presentation of legal status, priviliges, rights and duties of the parties.
Draftsman; one who draws documents like a will, gift, deds etc.
Dragoman; one who interprets pleadings and other writtings

Conveyancing and its meaning:

Conveyancing is the art of drafting of deed and documents whereby
and or interest in land i. e immovable property is transferred by one
person to another but the drafting of commercial and other documents
is also commonly understood to be included in the expression.
Mitra’s legal and commercial dictionary defines
Conveyance as the action of conveyancing ,a means or way of
conveyancing an instrument by which title to property is transferred a
means of transport, vehicle.
Conveyancing as defined in clause 1o of section 2 of the indian stamp
act 1899. Includes a conveyancing on sale and every instrument by
which property whether movable or immovable is trabsferred inter
vivos and which is not otherwise specifically provided by sehedule 1 of
the act section 5 of transfer of properry act 1882 make use of the word
conveyancing in the wider sense as referred to above
Distinguish between Drafting and Conveyancing.
Drafting Conveyancing

1. Drafting is the way and manner 1. Conveyancing is the way and

Of preparation of any documents the manner of preparation of the
Only those documents which are
Pertaining to the transfer of
Property.
It is more emphasized on the
Documents relating to transfer
Of property.
2. The concept of drafting wider than 2. The concept of conveyancing is
The concept of conveyancing narrower than the concept of
Drafting.
3. Drafting relates to every documents 3. Conveyancing relates to the term
As defined in different context such conveyance as defined in the
General clause act 1897 sale of goods indian stamp act 1899.

Distinguish between conveyancing and contract.

Contract conveyancing
1. Contract is an agreement which 1. Conveyancing is the art of
Is enforceable by law drafting of any documents
By which transfer of
Property takes place.
2. Contract consist of reciprocal promises 2. There is no such promise
And each party to the contract is bound and title in respect of the
To perform the promise property in question
Already passes in favour of
The vendee.
3. Contract creates a right of action on 3. Conveyancing does not
 Favour of parties. Thus in case of breach create any right of any
Of contract the aggrieved party may action but at the same
Claim number of remedies such as compensation time it alters the
Specific performance act against the defaulting party ownership of existing
Right

4. Contract is governed by the provision 4. It is governed under the

Of contract act 1872. Provision of transfer of
Property act 1882

General rules of drafting:

A draftsman , in the first instance, must ascertain the
names ,description and address of the parties to instrument.
He must obtain particulars about all necessary matters which are
required to form part of the instrument.

Fowlers principles of drafting:

The principle refered above may be translated into general in the
domain of vocabulary as follows.
a. Prefer the familiar word to the far fetched familiar words are
readly understood
b. Prefer the concrete word to the abstract correct words make
meaning more clear and precise.
c. Prefer the single word to the circumlocution single word gives
direct meaning avoiding adverb and adjective.
d. Prefer the short word to the long short word is easily grasped
 e. Prefer the saxon word to the Roman use of roman words may
create complications to convey proper sense to an ordinary
person to understand
f. Always prefer active voice to the passive in the drafting of
documents
Skelton Draft and its Self-Appraisal:
After the general scheme of the draft has been conceived the
draftsman should not down briefly the matters or points which he
intends to incorporate in his intended draft. In other words he should
frame what is called a skelton draft which shuld be filled in or
elaborated as he proceeds with his work.
Special attention to be given to certain documents:
Certain documents require extra care before taking up the drafting. For
example it must be ensured that contractual obligations are not
contrary to the law in the document where the facts so warrant to
ensure.
Further in all the documents where transfer of immovable property is
involved through any of the prescribed legal modes it is.
Expert’ s opinion:
If the draft document has been prepared for the first time to be used
again and again with suitable modification depending upon the
requirements of each case it should be got vetted by experts to ensure
its suitability and legal fitness if the corporate executive feels it so
necessary.
To sum up the draftsman should bear in mind the following principles
of drafting:
 a. As far as possible the documents should be self-explanatory.
b. The draftsman should begin by satisfying himself that he
appreciates what he means to say in the document.
c. The well drafted documents should be clear to any person who
has competent knowledge of the subject matter.
d. The draft must be readily intangible to layman.
e. The document may not be perfect because it says too much or
too little or is ambigious or contain one or more of the facts
because it has to be applied in circumstances which the draftsman
never contemplated. This should be avoided in the drafting of the
documents.
f. Nothing is to be omitted or admitted at random on the document
that is to say negative statements should generally be avoided.
g. Use of juridical language should be made.
Some Do’s of drafting:
a. Reduce the group of words to single word.
b. Use sample verb for group of words.
c. Avoid round about construction.
d. Avoid unnecessary repetition.
e. Write shorter sentence
f. Express the idea in fewer words.
g. Prefer the active to the passive voice sentencs
h. Choose the right word
i. Know exactly the meaning of words and sentences you are writing
and.
j. Put yourself in the place of reader read the documents and satisfy
yourself about the content interpretation and the sense it carries.
And Don’ts:
The following things should be avoided while drafting the documents.
 a. Avoid the use of word of same sound. For example the words
employer and employee.
b. When the clause in documents is numbered it is convenient to
refer to any one clause by using single number for it . for example
in clause two above and so on.
c. Negative in successive phrases would be very carefully employed.
d. Draftsman should avoid the use of words less than or more than
instead he must use not exceeding.
e. If the draftsman has provided for each of the two positions to
happen without each other and also happen without either will
not be sufficient he should write either or both or express the
meaning of the two in other clauses.
Instruments:
Section 2 (14) of the indian stamp act defines instrument as;
Including every document by which any right or liability is or purported
to be created, transferred, limited, extinguished or recorded.

Deed:
Deed the term normally used to describe all the instruments by which
two or more persons agree to effect any right or liability.
For example gift deed, sale deed, deed of partition, partnership deed,
deed of family settlement, lease deed, mortgage deed and so on.
Even power of attorney has been held in old English cases to be a deed.
A bond is also included in the wide campass of the term deed .
A deed is writing.
On paper, vallum or parchment
Sealed and
Delivered whereby an interest, right or property passos or an obligation
binding on some person is created or which is in affirmance of some act
whereby a interest, right or property has been passed
A deed is a present grant rather than mere
Promise to be performed in the future
Deed are in writing, signed sealed, delivered
Deeds are instruments, but all instruments are not deeds