SUMMARY
LEGAL DRAFTING-II
SUBMITTED BY: HASAN NASIR BUKHARI
SUBMITTED TO: Mr. AATIR RIZVI
ROLL NO: LLBM-F21-086
DATE: 30-01-2025
Introduction to Drafting and Conveyancing
Drafting involves creating legal documents like agreements,
contracts, and deeds. It requires a solid grasp of legal
principles and the ability to present facts clearly and without
ambiguity. Conveyancing, on the other hand, focuses on
transferring property titles, especially immovable assets,
through legal documents. While drafting is a broader term,
conveyancing is more specific, dealing primarily with property
transfers. Both are essential for corporate executives, lawyers,
and financial institutions to ensure legal compliance and
clarity in business dealings.
Importance of Drafting and Conveyancing
Understanding drafting and conveyancing is crucial for
several reasons:
Legal Consultations: Executives with drafting
knowledge can better communicate with legal experts,
ensuring documents are thorough and legally sound.
Departmental Documentation: Drafting routine
documents internally can save time and costs, provided
the documents are legally accurate.
Interpretation of Documents: Knowing how to
interpret legal documents is vital. Courts often rely on the
literal meaning of words, but context and statutory
aspects also play a role in understanding the parties'
intentions.
General Principles of Drafting
Effective drafting follows certain principles:
Fowler’s Rules: Drafts should be clear, concise, and
straightforward. Avoid overly complex language and opt
for familiar, concrete, and short words.
Sketching the Draft: Before drafting, outline the
document’s structure to ensure all relevant facts and
legal requirements are included.
Self-Appraisal: After drafting, review the document for
clarity, legal compliance, and alignment with the parties’
intentions.
Special Treatment: Certain documents, especially those
involving property transfers, require extra attention, such
as verifying property titles and obtaining necessary
permissions.
Key Components of a Deed
A deed typically includes the following parts:
1. Place and Date: Essential for determining jurisdiction
and validity.
2. Description of Parties: Full details of the parties
involved, including names, addresses, and labels (e.g.,
"lessor" and "lessee").
3. Recitals: Historical and introductory information about
the property and transaction.
4. Testatum: The operative part of the deed, including
consideration and receipt clauses.
5. Operative Clause: The main action being taken, such as
the transfer of property.
6. Description of Property: Detailed description of the
property being transferred.
7. Exceptions and Reservations: Any parts of the property
excluded from the transfer or rights reserved by the
transferor.
8. Covenants: Agreements or promises made by the
parties, such as obligations or restrictions.
9. Testimonium Clause: The concluding part, where
parties sign the deed.
10. Signatures and Attestation: The document must
be signed and witnessed to be legally valid.
Differences between Deeds and Agreements
Deeds: These are formal documents used for significant
transactions, often involving property transfers. They require
signatures, seals, and attestation.
Agreements: These are less formal and may not require
attestation. They are used for a wide range of business
transactions and are enforceable under contract law.
Corporate Requirements for Drafting
Corporate drafting covers a wide range of documents:
Corporate Documents: Foundational documents like
Memorandums of Association, Articles of Association, and
merger agreements.
Business Documents: Operational needs such as real
estate transactions, borrowing documents (e.g., mortgage
deeds), and routine business agreements.
Administrative Documents: Employment contracts,
disciplinary actions, and other HR-related documents.
Court Documents: Legal pleadings, petitions, and
appeals for litigation.
Conclusion
Drafting and conveyancing are essential skills for corporate
executives, ensuring that legal documents are clear,
enforceable, and aligned with business objectives.
Understanding the principles of drafting, the structure of
deeds, and the differences between various types of
documents is crucial for effective corporate governance and
legal compliance.
