What is a “draft” ?

In a general sense, it is an outline of a document or of something

that needs to be done. One may prepare it as a rough sketch of a
document from which a final document is prepared.
Terminology
Draftsman: One who draws documents like a will, gift deed etc.
Dragoman: One who interprets pleadings and other writings.
The following principles govern “Drafting”
The process of drafting is generally governed by 4 principles:

a. Formation of outline in a satisfactory manner: 

The draft should be elaborate and should address all important issues. In a
nutshell, a draft should be:
• As detailed as possible
• Not be vague (lacking clarity or distinctness)
• Able to fulfill the consideration of relevancy, content unity, chronology( recording
events in the order of their occurrence)and coherence(logical and orderly and consistent relation
of parts)

• Such that every paragraph should contain one major point.

•b. Emphasis on the arrangement of facts: – A deep emphasis should be put on the manner in

which the facts of the case are arranged. The facts should be arranged step by step to reflect

an organized analysis of the problem. There must be uniformity and consistency in the

presentment of ideas.

•Style and language: – Style is an important factor for the transport of ideas. A clear

presentation is an essential requirement for clear thinking. The style should be simple with

the most appropriate use of legal terms that would convey the facts in a precise and simple

manner. The language too should be simple and faultless. Illogical paragraphing, poor

punctuation, incorrect spelling and other such language that virtually render a promising

document to be worthless shall be avoided. Repetitions should be avoided.

• Physical characteristics: – The draft should be typed on standard quality paper (20 by 30 cms)
with margins of 4 cms. at the top and left side and 2.5 to 4 cms. on the right side and bottom.

• Other physical characteristics include:-

i. Numbering of each page

ii. Numbering of preliminaries in Roman Numbers (i , ii , iii) and Main Text in Arabic (1, 2, 3 etc.)

iii. Number of pages should appear in the upper right corner 2.5 cms., from the top and side

iv. The body of the document to be double spaced normally.

v. Each paragraph should be intended 5 spaces and every paragraph should be numbered.

vi. All sheets to be strongly tied together.

 Rules of “Drafting.
• Following rules should be followed: –

a. Before making a draft, a design of it should first be conceived.

b. One should make sure that none of the facts are omitted or admitted at random .

c. Negative statements should generally be avoided.

d. Technical language should be followed.

e. The legal language employed should be precise and accurate.

f. Draft should be readily[without much difficulty] intelligible[Capable of being

apprehended or understood]
g. Due care and attention should be placed on the rules of legal interpretation

and the case law pertaining to the related matter.

h. The drafted document should be clearly understood by a person who has

competent knowledge of the subject matter.

i. The draft should be self-explanatory as far as possible.

j. The draft should be divided into paras and each para should contain a distinct

subject matter.
k. Arrangement of facts should be done logically

l. Use numbers and letters for sub-clauses and paragraphs.

m. Choices of words should be such that they easily convey the meaning of the
writer.

n. The words used should reflect politeness in order to convey more in a kind,
natural and justifiable manner.

m. The draft should be read once or twice before passing it for consideration.
The draftsman should keep in mind that his words reflect the quality of the draft. And
therefore, he must be very cautious about his choice of words. Following points
should be kept in mind: –

• Words should be used in the same sense.

• Active voice should always be preferred over passive voice until the passive voice
makes the meaning clearer.

• Paragraphs, in modern usage, should not be started with the word ‘that’ as was
done traditionally.

• The draft should not all things at once. One thing at a time should always be
preferred.
 DO’S and DON’TS
DO’S
• For improving the quality of the draft, a group of words should be reduced to one.
• One simple word for a group should be formulated.
• Shorter sentences should be written
• Add periods
• Express the whole idea in few words
• Prefer active over passive
• Make verbs work
• Choose the right word
• Know the motive behind writing
• Write from the reader’s point of view
Make an outline (mental or written) & read the documents and satisfy yourself
about the content, interpretation and sense it carries.
 DON’TS
• Avoid moving around about constructions

• Avoid unnecessary repetitions

• Avoid using words containing similar sounds

• Avoid cumulative negative statements

• Avoid typing mistakes

 Components of Deeds
1.Deed title
2.Place & date of execution
3.Description of parties
4.Recitals
5.Testatum
6.Consideration
7.Receipt clause
8.Operative clause
9.Description of property
 Components of Deeds
10. Exceptions & Reservations

11. Parcels clause

12. Premises & habendum

13. Covenants & undertakings

14. Testimonial Clause

15. Signature and attestation

16. Endorsement & Supplemental deeds.

17. Annexure or schedules.

Deed Title : The deed should contain the correct title such as
“ This Deed of Sale”

“ This Deed of Gift”

“ This Deed of Conveyance”

“ This Deed of Exchange”

“ This Deed of Lease”

But the word “This Deed” should written as “THIS DEED”

 Date & Place
Date in the context of deed is the date on which deed has been executed.

If a deed is undated, deed is valid subject to burden of proof.

Date should be written in words and in figures.

The place is the territorial and legal jurisdiction.

An illustration of this part follows:-

“THIS DEED of Lease made at Bombay on the First day of June, two thousand
eight(01.06.2008)”.
 Description of parties
Parties name should be clearly described.

While describing the parties always transferor should be mentioned first

and the transferee comes in the last.

Full description of the parties should be given for identification.

Description must be given in following order.

Names comes first, then surname and thereafter address followed by

other description such as s/o, w/o, d/o etc…
 Recitals
 Recitals contain the short story of the property up to its vesting into its
transferors. Recitals should be short & intelligible.
 Recitals generally begins with the words

“WHERE AS “ and when there are several recitals instead of repeating the
words “WHERE AS” before each and every one of them, it is better to
divide the recitals into numbered paragraphs for example,

“WHERE AS”
1.
 Testatum
This is the “witnessing” clause which refers to the introductory recitals agreement, if
any, and also states the consideration.

Witnesses clause usually begins with the words

“NOW THIS DEED WITNESSES”

if more than one observation then this clause can be written as

“NOW THIS DEED WINTNESSES AS FOLLOWS”

1.

2.
 Consideration & Receipt
Consideration is very important in a document and must be expressed.

Receipt is the acknowledgement of the consideration amount by the transferor,

who is supposed to acknowledgment the receipt of the amount. Example:-

“Now this deed the witnesses that in pursuance of the aforesaid agreement and
in consideration of sum of Rs. 100000(Rupees one lakh only) paid by the first
party to the second party before the execution thereof receipt of which the
second party does hereby acknowledge)
 Description of property
Registration laws in india require full description of property for
example

Side east, west, north, south etc.

area, location, permitted use, survey no.
 Parcels clause
This is a technical expression.

Usually starts with the words “All Those…………………………”

Unless a different intention is expressed or necessarily implied, a

transfer of property passes forthwith to the transferee all the interest
which the transferor is then capable of passing in the property, and in
the legal incidents there of.
 Exceptions & reservations
• This clause generally signified by the use of words “subject to” in
deeds,where it is mentioned, it is advisable that both the parties sign,
to denote specific understanding and consenting to this aspect.
 Premises & Habendum
• Habendum is a part of deed which states the interest, the purchaser is
to take in the property. This Clause starts with the words
“THE HAVE AND TO HOLD”
 Covenants & Undertakings
• Means agreement or consideration or promise by the parties
generally starts with
“The parties aforesaid hereto hereby mutually agree with each other
as follows”
 Testimonium clause
• This clause is the last part of deed.

• It signifies that the parties to the document have signed the deed.
generally written as

“ In witness whereof the parties hereto have signed this day on the
date above written.”
 Signature & Attestation Clause

• Attestation is necessary in the case of some transfer like mortgage,

gift, sale etc.

• Signature of all of parties to the deed should be attested and

witnessed by two parties.
 Endorsement & Supplemental deeds
• Endorsements means write of back for eg. Cheque, bill of exchange etc…

• Supplementary deed is the one which is entered between two parties

on same subject on which there is a prior document exists.

Annexure or Schedules

Annexure means like site plan or map plan showing exact location of
property like survey no. , gali no. sector etc .