Drafting, Pleadings and Conveyancing

Drafting : To draft = To draw up = To outline in the form of rough notes. 

Pleading: (Definition, according to the Civil Procedure Code) Plaint or written statement, All statements are written statements.

To Plead :To address the court as an advocate on behalf of the plaintiff or the defendant, i.e. client. 

Pleading: Formal written statements, replies to the accusations made Pleadings by the parties in a legal action. 

Conveyancing:To convey To give to somebody full legal rights in land or building = Real Property Land and Buildings. 

Conveyance : A document conveying the property. 

The meaning of the word DRAFTING is to draft or to draw up or to outline in the form of rough notes, while PLEADING, according to the Civil Procedure Code, means a Plaint, or a written statement. Therefore, all pleadings are written statements. To plead on behalf of the plaintiff or the defendant,  The meaning of the word CONVEYANCING is O convey or to give to somebody full legal rights in land or building, which is called real property, and real property includes land and buildings. A conveyance means a document conveying the property. 

The importance of the study of law need not be explained. It is said that Law is the King of the Kings. It is, therefore, most powerful and rigid, too. In the whole world, there can be nothing stronger than law. With legal power, even the weak may be superior to the strong. At this background, we have to consider the fact that if Law is the King of the Kings, drafting or pleadings and conveyancing is undoubtedly the Queen of that King.

GENERAL PRINCIPLES OF DRAFTING AND RELEVANT RULES

The art of drafting the pleadings has not yet fully developed in spite of the increase in the civil litigation. As a matter of fact, the art of pleading should be the foundation course and great emphasis should be laid on this paper. Because of this absence of rigorous training, the young lawyers often indulge in prolixity rather than clarity and conciseness. Many dead-sure-win cases drag on for years in the courts only because of faulty drafting. Irrelevant matters, unnecessary details are often included and the facts placed before the lawyer by his client are not marshaled. The result is that the martial facts are often mixed up with inessential matter.

According to Lord Halsbury - "Where system of pleading may exist, the sole object of it is that each side may be fully alive to the questions that are about to be argued in order that they have an opportunity of bringing forward such evidence as may be appropriate to the issue"

Pleading is an art, of course, and art which requires not only technical and linguistic skill but also an expert knowledge of the law on the given point brought before a lawyer. Even experienced lawyers and attorneys are not infallible and sometimes they also make mistakes. However, in the matter of pleadings longer experience and a great linguistic acumen are both essential ingredients. What ultimately matters is how clearly and systematically have the facts been presented before the court of law.

1. Drafting

Definition:Drafting refers to the process of writing legal documents with clarity, precision, and legal enforceability. It involves framing documents like contracts, agreements, wills, notices, affidavits, etc.

Key Features:

• Use of clear and unambiguous language.

• Logical arrangement of clauses.

• Legal validity and enforceability.

• Inclusion of relevant facts and legal provisions.

Examples of Drafts:

• Legal Notice

• Will

• Power of Attorney

• Deed of Mortgage

• Sale Deed

• Lease Deed

2. Pleadings

Definition:Pleadings are written statements filed by parties in a civil suit stating their claims or defenses. These are the foundation of any civil litigation.

Essential Pleadings:

• Plaint: Statement filed by the plaintiff containing cause of action, facts, and relief sought.

• Written Statement: Response filed by the defendant, admitting or denying allegations and stating his defense.

Relevant Provisions:

• Order VI to VIII of the Code of Civil Procedure, 1908

Important Points:

• Must state material facts only, not evidence.

• Should be concise and specific.

• Must be properly signed and verified.

3. Conveyancing

Definition:Conveyancing is the legal process of transferring property from one person to another through legal documentation.

Types of Deeds in Conveyancing:

• Sale Deed

• Gift Deed

• Mortgage Deed

• Lease Deed

• Exchange Deed

• Relinquishment Deed

Essentials of a Conveyance Deed:

• Proper description of the property.

• Clear identification of parties.

• Consideration (if any).

• Registration (where required).

• Stamp duty compliance.

Comparison