Summary of "GENERAL PRINCIPLES OF DRAFTING REVISION LECTURE 1 DEC 2024"

Main Ideas and Concepts

Introduction and Context
- The lecture is a revision session for Chapter 2 of the CS Professional syllabus (December 2024).
- Emphasis on watching the lecture on YouTube for best experience.
- The instructor plans to complete all revisions by September, focusing later on past year questions and exam practice.
Importance of Drafting and Conveyancing for Company Executives
- Drafting and conveyancing are critical because companies enter into many agreements with various parties (clients, banks, employees, financial institutions).
- Knowledge of drafting is essential for:
  - Obtaining legal consultations.
  - Carrying out departmental documentation.
  - Interpreting documents.
- Additional benefits include improved communication with legal experts, efficiency in document preparation, risk mitigation, and alignment with corporate goals.
Definition and Nature of Drafting
- Drafting is the synthesis of law and facts expressed in language.
- It operates on two levels:
  - Conceptual (thinking and planning).
  - Verbal (writing and composing).
- Drafting requires clarity of facts, legal knowledge, and language skills.
- Drafting is broader in scope than conveyancing, covering agreements, contracts, notices, letters, appointments, etc.
Definition and Nature of Conveyancing
- Conveyancing specifically refers to the transfer of land or interest in land from one person to another.
- Includes instruments like sale deed, mortgage deed, lease deed, gift, exchange, will, and settlement.
- Acquisition by inheritance does not qualify as conveyance.
- Conveyancing is narrower in scope than drafting.
Difference Between Drafting and Conveyancing
- Drafting covers a wide range of legal documents beyond property transfer.
- Conveyancing is a subset of drafting focused on property transfer.
- Drafting creates documents that may involve rights and obligations.
- Conveyancing creates rights by transferring property but usually no further obligations.
Difference Between Conveyance and Contract
- Contract: An agreement enforceable by law creating rights and obligations between parties (governed by Indian Contract Act).
- Conveyance: Transfer of property rights without creating obligations.
- Contracts involve reciprocal promises; conveyance involves transfer of ownership or interest.
General Principles and Rules of Drafting
- Fowler’s Rule: A good writer should strive to be direct, simple, brief, vigorous, and lucid.
- Use familiar, concrete, short, single words preferably of Saxon origin rather than Roman to avoid complexity.
- Avoid unnecessary repetition and roundabout constructions.
- Use active voice and judicial language.
- Drafts should be self-explanatory, clear, complete, and logically organized.
- Paragraphs and schedules should be used where necessary.
- Number clauses for easy reference.
Preparation Before Drafting
- Make a sketch or outline (framework) of the document before drafting.
- Sketch: A formal outline with main points.
- Skeleton draft: More detailed framework including essential clauses.
- Ensure all facts, legal rules, and language are correct and unambiguous.
- Verify completeness and legal enforceability.
- Obtain expert opinions when necessary.
Special Attention in Drafting Certain Documents
- Verify title clarity, permissions, compliance with laws (Income Tax, Companies Act, Environmental laws).
- Ensure the document is legally enforceable and complete.
- Investigate and research thoroughly before finalizing.
Documents, Instruments, and Deeds
- Document: Any matter expressed on any substance by letter, figure, or mark (includes writings, prints, maps, caricatures).
- Instrument: A document that creates, transfers, modifies, or extinguishes rights or liabilities (e.g., court awards, wills).
- Deed: A formal instrument executed by two or more parties affecting rights and liabilities, usually sealed and delivered (e.g., sale deed, mortgage deed).
- All deeds are instruments but not all instruments are deeds.
- Various types of deeds:
  - Good Deed: Conveys good title.
  - Good and Sufficient Deed: Marketable deed with clear title.
  - Latent Deed: Kept hidden for a long time.
  - Voluntary Deed: Transfer without consideration (gift).
  - warranty deed and Special warranty deed: Differ in extent of title guarantee.
  - Pretended Deed: A forged or invalid deed.
Terms Connected with Deeds
- Deed Poll: Deed made by one person.
- Indenture: Deed involving two or more parties, historically cut into parts.
- Cyrographum: A type of indenture.
- Deed Escrow: Deed effective only after all