DRAFTING AND CONVEYANCE Seminar

DRAFTING AND
CONVEYANCING
 DRAFTING
MEANING:
Drafting, in legal sense,
means an act of preparing the
legal documents like agreements,
contracts, deeds etc.
Guidelines for use of Particular words
and phrases in Drafting and
Conveyancing for Draftsman :

For General words refer to Dictionary
like Oxford or Webster dictionary etc.,

For Legal terms refer to legal dictionary
like Wharton’s law lexicons, or other
dictionaries of English Law. In India, Mitra’s
Legal and Commercial Dictionary is quite
sufficient to meet the requirements of
draftsman.
Use the current meaning of the words.
 Technical words may be used after
ascertaining their full meaning. Ex: cells,
Battery, etc.,
 Words and phrases should be made to
convey the intention of the executor to
the readers.
 The draftsman should also use at times
the recognized work of eminent legal
expert on the interpretation of statutes.

Use of Appropriate Words and
Expressions:
Meaning of some of the terms commonly
used in drafting of deeds and documents:
Instrument:
i)The word “instrument” in Section
1 of the Interest Act is wide enough to
cover a decree.
ii)“Instrument” includes awards
made by Industrial Courts.
.
“At”,
“Near”, “On”, “in the vicinity” and
the like words different meaning with
slight changes.
The
words “Adjoining”, “Adjacent” or
“Contiguous”.
The
term “lot” is sometimes a house lot,
or a store lot but in a deed the word
“lot” refers to that portion of the
premises set aside for private use.
More
or less , about , estimated :
When used with reference to the
quantity of land conveyed, the words
“estimated” and “about” are synonymous
with the phrase “more or less”.
The words “East”, “West”, etc. indicating
points of the compass. The words Easterly,
Westerly will be construed to mean “due
East”, “due West”, etc. unless other words
are used to qualify their meaning.
