DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY LUCKNOW

Final Draft

Subject: Pleading, Drafting and Conveyancing

Topic: Difference between drafting and

conveyancing

Submitted to: Submitted by:

Mrs. SHAKUNTLA SANGAM Manas Ajai Sonkar

Assistant Prof. Law ENROLL NO. 150101075

RMLNLU Sem- VI, Sec- A

B.A.L.LB(Hons.)

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 Acknowledgment

A major research project like this is never the work of anyone alone. Apart from the
efforts taken by me, the success of this project depends largely on the encouragement
and guidelines of many other people who have been instrumental in the success. The
contributions of many different people, in their different ways have made this possible.

My deepest thanks to Ms. Shakuntla Sangam (Asst. Prof) without whose valuable
support, guidance and advice this project would have been a distant reality. I would
also like to thank the library staff for working long hours to facilitate us with required
material going a long way in quenching our thirst for education. I would also like to
thank my seniors for guiding me through tough times they themselves have been
through, and lastly I would like to thank my friends for keeping alive the spirit of
competition in me.

Thank you.....

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 Table of Contents

 INTRODUCTION.

 DRAFTING : MEANING & EVOLUTION

 CONVEYANCING : MEANING & EVOLUTION

 DIFFERENCE

 CONCLUSION.

 BIBLIOGRAPHY.

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INTRODUCTION

The topic of project states to find out the difference between the drafting and conveyancing.
The drafting means (also commonly called the legal composition) the art of composing or
writing all documents which are either expressly intended to be, or which frequently become
the subject of legal interpretation. It is concerned chiefly therefore, although not exclusively,
with the documents which declare or regulate rights. This at once distinguishes the art of
legal composition from the art of ordinary composition or literature, which deals not with
rights but with thoughts or facts. Of course the bases of literary composition and legal
composition are all the same, grammar and logic. The latter, perhaps, more strictly than the
former kind of composition is bound by the rules of the grammarian and logician but we do
not intend, except incidentally, to touch on the rules of grammar or logic. It is composition as
legal - as dealing with or affecting rights - which we have in view. It says in the plainest
language, with the simplest, fewest and fittest words, precisely what it means. These are
qualities which might be used to advantage more frequently than is common in literature, and
unfortunately they are not to be found in many legal compositions, but they are essential to
good legal composition and not essential to literary composition.

And now the meaning of conveyancing is the process by which legal title to property is
transferred. As a consequence, over time, a conveyancing has become the description for the
document effecting such transfer. Conveyancing rests and has been built upon the three
foundations of land law, contract law and equity and trusts. Because of this, a confident
appreciation of land law is crucial for success in conveyancing. You will also need to have a
prior knowledge and understanding of the details concerning the formation of contracts, the
formalities of written contract, misrepresentation and remedies for breach of contract. A
detail understanding of the influence of equity as well as trust will always be a prerequisite
for a successful conveyancer. So, the key to understand the nature of conveyancing is to
appreciate how it calls upon various disparate areas of law. It means that you must abandon a
discrete approach to applying the separate elements of the law. Conveyancing requires you to
blend your knowledge. Conveyancing does not relate just to the transfer of ownership of
residential properties. It covers the transfer of title to both houses and flats, new and second-
hand properties and commercial property of all kinds.

Thus, there are more difference which will be discussed further in the whole project. Drafting
and conveyancing can be distinguished easily by pointing out certain point. The use or the
basic purpose for which the drafting and conveyancing can be used. There different
background, means the both terms are evolved in different phase. Drafting can be used in
different scenario and conveyancing can be used in different scenario.

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DRAFTING : MEANING & EVOLUTION

Drafting is the preliminary stage of a written work in which the author begins to develop a
more cohesive product. A draft document is the product the writer creates in the initial
stages of the writing process.
In the drafting stage, the author:

 develops a more cohesive text

 organizes thoughts
 explains examples/ideas
 uncovers transitions
 discovers a central argument/point
 elaborates on key ideas

When you have written a draft, you can print it out and re-read it. You can also pass it to a
fellow student or a teacher for comment. If you want somebody else to read and comment on
your draft essay, it is important that it should look like an essay and not like a set of notes. It
is much easier to give constructive feedback on writing in paragraph form than on notes.1

Drafting may be defined as the synthesis of law and fact in a language form. Perfection
cannot be achieved in drafting unless the nexus between law, facts and language is fully
understood. The old style of drafting of documents of the Eighteenth Century has given way
for comprehensiveness, exactitude and clarity of expressions. “ The particular qualities that
distinguish the modern style of drafting – the use of definitions, division into numbered
paragraphs and sub-paragraphs with marginal notes, the growing disuse of the form ‘shall’ in
stating circumstances and conditions, the use of one word (as ‘convey’ or ‘assign’) for the
jumble (grant, bargain, sell, alienate, release, confirm and enforce or bargain, sell, assign,
transfer, set-off and confirm) that had often previously been necessary or thought to be so are
to be found in any current set of precedents.”- E.L Piesse & Gilchrist Smith: The Elements of
Drafting.

The evolution of drafting can not be traced because it is not the term which is coined or
evolved in late 15th or 16th century. Drafting is evolved at the time when law appears or
comes in to the existence. The drafting is very old term it can be understand as, in ancient
time when kings have to order something, then they announce it publicly but it will come into
existence when that announcement was written down in particular format. That format is
known as drafting. So, as per my opinion or view evolution of drafting is not traceable or it
cannot be said that when the term drafting came into existence.2

1
http://www4.caes.hku.hk (last accessed on 10/03/2018 )
2
http://www.carkgupta.com (last accessed on 10/03/2018)

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CONVEYANCING : MEANING & EVOLUTION

The term Conveyance in its ordinary legal parlance means the act of conveying or
transferring from one person to another or transfer inter vivos. The Latin term Inter vivos is a
legal term referring to a transfer made during one's lifetime, as opposed to a testamentary
transfer i.e a transfer that takes effect on death. Conveyancing depends to a large extent on
practice, customs and usage, prudence and precedents. The most common type of documents
that illustrate conveyance are a deed of sale, mortgage, lease etc. However, ‘Conveyancing’,
used in relation to drafting deeds, is paradoxical as the term ‘ conveyancing’ has wider use
when its referred in relation to drafting of various other documents like a marriage contract, a
will, etc. in which no transfer may be involved.

And now the meaning of conveyancing is the process by which legal title to property is
transferred. As a consequence, over time, a conveyancing has become the description for the
document effecting such transfer. Conveyancing rests and has been built upon the three
foundations of land law, contract law and equity and trusts. Because of this, a confident
appreciation of land law is crucial for success in conveyancing. You will also need to have a
prior knowledge and understanding of the details concerning the formation of contracts, the
formalities of written contract, misrepresentation and remedies for breach of contract. A
detail understanding of the influence of equity as well as trust will always be a prerequisite
for a successful conveyancer. So, the key to understand the nature of conveyancing is to
appreciate how it calls upon various disparate areas of law. It means that you must abandon a
discrete approach to applying the separate elements of the law. Conveyancing requires you to
blend your knowledge. Conveyancing does not relate just to the transfer of ownership of
residential properties. It covers the transfer of title to both houses and flats, new and second-
hand properties and commercial property of all kinds.

The similarity between the drafting and conveyancing is that there evolution can not be traced
and there are no particular or specific time period which can be resemble as the period of
evolution of conveyancing. But the conveyancing was used in british era.

Conveyancing is the science of the drafting. The subject matter of conveyancing may be said
to be the law relating to the transfer of property and rights in the nature of property, where
any document is used for the purpose.3 The object with which a conveyance is made is to
state the intentions of the parties in the clearest possible language in order to keep the
evidence of those intensions in writing.

3
Srivastava, R.D. , The Law of Pleading, Drafting and Conveyancing, 11th edition, Central Law Agency,
Allahabad, Pg no.169.

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DIFFERENCE

The difference between Drafting and Conveyancing are very minute. The differences are as

follows:-

 Conveyancing deals with or related with property matter. In other words

conveyancing is related to transfer of property or execution of property or will etc.

But in case of Drafting the scenario is not same means drafting is type of format, it is

related to all type of matters, means Drafting deals with different type of format.

 Conveyancing is narrow term means the Conveyancing is limited to specific type or

deals with specific type matter.

But drafting is broader term, means the Drafting is not limited to specific type or deals

with specific type matter.

 Conveyancing have its own prescribed form, means conveyancing have its own type

of drafting or its own particular format.

But Drafting doesn’t have its own prescribed form, means Drafting have its

prescribed form but it will change accordingly. Like before court the format of

drafting changes and in bank purpose the format of drafting changes.

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CONCLUSION

The conveyancing and drafting both are the legal and very important term there are minute

difference but that difference matters. Conveyancing is related with property matter and on

the other hand Drafting is related with not any particular format. These both terms are apart

from each other, they are related at the time of working but they can be differentiated at time

when these are not used means when they are used together then we can not able to

differentiated properly but when apart from using then these terms can be differentiated

accurately. When these terms are used together then they are similar but taking individually

these are poles apart. Thus, the differences are minute and exact which will help in

differentiating and clear the concept in the mind of each and everyone.

Bibliography
Books

 R.D. Srivastava, the Law of Pleading Drafting & Conveyancing, 11th edition, 2003,
Central Law Agency.

Webliography

 http://www.caclubindia.com
 www.indiatoday.in

 http://www4.caes.hku.hk
 http://www.carkgupta.com

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