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KES’ Shri. Jayantilal H. Patel Law College, Mumbai

Leave & License Agreement, Affidavit, Will & Importance of Drafting

Drafting Pleading and Conveyance

A project submitted in partial fulfillment of the requirements for

The Eighth Semester of B.A., LL. B Course

By
KHUSHI SALUNKHE
Fourth Year B.A., LL. B
Division B
Roll No – 17

Under the Supervision of

Asst. Prof Anushree Bhatt
18th March, 2024
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Index

Sr. No. Name of Topic Page Number

1. Leave and License Agreement 4
2. Affidavit 9
3. Will 11
4. Importance of Drafting 18
5. Bibliography 27
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Acknowledgment

I want to express my sincere gratitude to all those who contributed to the successful
completion of this project. Their support and efforts have been invaluable, and without
their collaboration, this project would not have been possible.

I sincerely thank KES’ Shri Jayantilal H. Patel Law College and Asst. Professor Ms.
Anushree Bhatt for the guidance and expertise required to complete this project.
Their dedication and commitment played a crucial role in shaping the outcome of this
endeavor.

I would also like to acknowledge the support of my parents and friends for providing
their valuable insights to help me complete my project.

In conclusion, I am thankful to everyone who participated in this project, big or small.

Your contributions are deeply appreciated.

Khushi Salunkhe
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Particulars Amount Paid GRN/Transaction Id Date

LEAVE AND LICENSE AGREEMENT

This agreement is made and executed on _________ at Mumbai

Between,

Aniket Mahajan, Age: About 45 Years, Occupation: Service, PAN: __________, UID:
_________ Residing at C-309, Shetrunji Apartments, Sahakar Gram, Ashok Nagar,
Kandivali (East), Mumbai- 400101.

HEREINAFTER called ‘the Licensor’ (which expression shall mean and include the
Licensor above named as also his respective heirs, successors, assigns, executors, and
administrators)
AND
Aryan Sharma, Age: About 40 years, Occupation: Service, PAN:___________,
UID:___________ Residing at 4- B Rose Manor, Marve Road, Malad East, Mumbai-
400064.

HEREINAFTER called ‘the Licensee’ (which expression shall mean and include only
Licensee above named).

WHEREAS the Licensor is absolutely seized and possessed of and or otherwise

well and sufficiently entitled to all that constructed portion being unit described in
Schedule hereunder written and are hereafter for the sake of brevity called or
referred to as Licensed Premises and is/are desirous of giving the said premises on
Leave and License basis under Section 24 of the Maharashtra Rent Control Act,
1999.

AND WHEREAS the Licensor has agreed to allow the Licensee herein to use and
occupy the said Licensed premises for his aforesaid purposes only, on a
Leave and License basis for above mentioned period, on terms and subject to
conditions hereafter appearing;
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NOW THEREFORE IT IS HEREBY AGREED TO, DECLARED,

AND RECORDED BY AND BETWEEN THE PARTIES HERETO
AS FOLLOWS: -
1. Period: That the Licensor hereby grants to the Licensee herein a revocable leave
and license, to occupy the Licensed Premises, described in Schedule hereunder
written without creating any tenancy rights or any other rights, title, and interest in
favor of the Licensee for a period of ___________ months commencing from
_____________ and ending on ______________.
2. Rent and Deposit:
That the Licensee shall pay the Licensor the following amount per month
towards the compensation for the use of the said licensed premises.
a) Rs. _________ for the first ________ months,
b) Rs. _________ for the next ________ months,
c) Rs. _________ for the next _________ months
The amount of monthly compensation shall be payable within the first
five days of the concerned month of Leave and License
3. Payment of Deposit:
That the ________________ has/have paid/shall pay the above-mentioned
deposit/premium as mentioned above by Transaction Reference No.
__________, dated ____________, drawn on the Licensee’s Banking Account
with __________________ Bank, _____________ Branch. Amount Rs.
______________
4. Maintenance Charges:
That the Licensee/s herein shall bear and pay all the maintenance charges in
respect of the said Licensed Premises, and other outgoings including all rates,
taxes, levies, assessment, non-occupancy charges, etc. in respect of the said
premises shall be paid by the Licensor/s
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5. Use: That the Licensed premises shall only be used by the Licensee for
_______________ purpose. The Licensee shall maintain the said premises in
its existing condition and damage, if any, caused to the said premises, the same
shall be repaired by the Licensee at its own cost subject to normal wear and
tear. The Licensee shall not do anything in the said premises which is or is
likely to cause a nuisance to the other occupants of the said building or
prejudice in any manner to The rights of the Licensor in respect of said premises or
shall not do any unlawful activities Prohibited No By State or Central Government.

6. Alteration: That the Licensee shall not make or permit to do any alteration or
addition to the construction or arrangements (internal or external) to the
Licensed premises without previous consent in writing from the Licensor.

7. No tenancy: That the Licensee shall not claim any tenancy right and shall not
have any right to transfer, assign, sublet, or grant any license or sub-license in
respect of the Licensed Premises or any part thereof and also shall not
mortgage or raise any loan against the said premises.

8. Inspection: That, the Licensor shall on reasonable notice given by the

Licensor to the Licensee shall have a right of access either by himself or
through an authorized representative to enter, view, and inspect the Licensed
premises at reasonable intervals.

9. Cancellation: That, if the Licensee commits default in regular and punctual

payments of monthly compensation as herein before mentioned or commit/s
breach of any of the terms, covenants, and conditions of this agreement or if
any legislation prohibiting the Leave and License is imposed, the Licensor
shall be entitled to revoke and/or cancel the License hereby granted, by giving
notice in writing of one month and the Licensee too will have the right to
vacate the said premises by giving a notice in writing of one month to the
Licensor as mentioned earlier.

10. Possession: That immediately at on the expiration or termination or

cancellation of this agreement the Licensee shall vacate the said premises
without delay with all his goods and belongings. In the event of the Licensee
failing and/or neglecting to remove himself and/or his articles from the said
premises on expiry or sooner determination of this Agreement, the Licensor
shall be entitled to recover damages at the rate of double the daily amount of
compensation per day and or the Licensor shall be entitled to remove the
Licensee and his belongings from the Licensed premises, without recourse to
the Court of Law.
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11. Registration: This Agreement is to be registered and the

expenditure of Stamp duty and registration fees and incidental
charges, if any, shall be borne by the Licensee.

Schedule
(Being the correct description of Flat which is the subject matter of these presents)
All that constructed portion being residential unit bearing ___________
Built-up (Area): ________________, situated on the floor of a Building
known as _______________ standing on the plot of land bearing
_______________________________________________
, of Situated
Village within the
revenue
limits
Of And And Municipal
Tehsil District situated Corporation
within the
limits of

IN WITNESS WHEREOF the parties hereto have set and subscribed their
respective signatures by way of putting thumb impression electronic signature
hereto in the presence of witness, who are identifying the executants, on the day,
month and year first above written.
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Name and Photo Thumb Digitally

Address Impression Signed
Licensee
Name:
UID:
Address:

Licensor
Name:
UID:
Address:

Witness of
execution-
cum-
identifier for
Name:
UID:
Address:

Witness of
execution-
cum-
identifier for
Name:
UID:
Address:
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FORMAT OF AFFIDAVIT FOR CHANGE OF

NAME AFTER MARRIAGE

AFFIDAVIT

I, daughter of and wife of

aged
, residing at , do hereby solemnly affirm and declare as
under:

1. That my maiden name is .

2. That I got married to Shri. (name of the husband) on (date of marriage) at

(place of marriage).

3. After marriage my name is and all the records have the same
name.

4. I have not obtained the marriage certificate.

5. I state that (maiden name) and the (present name) are the names of the same
person and that is myself.

I am executing this declaration to be submitted to the concerned authorities

for the change of name.

I hereby state that whatever is stated herein above is true to the best of my
knowledge.

Solemnly affirmed at __________)

On this _______ day of ______2004) (Signature of the Applicant)

Deponent

(Passport size Joint Photography with spouse)

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Identified by me Before me

Advocate S.E.M./ Oath Commissioner / Notary

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WILL

This Deed of Will is jointly made and executed at Mumbai, on this ……. day of
October 2023 by (1) Mr. Ghanshyam Hassanand Notani, aged 77 years, PAN:
AAEPN9158L, and (2) Mrs. Bina Ghanshyam Notani, aged 73 years, PAN:
ADPPN1944E, both adults, Indian inhabitants, residing at Flat No. 600, 6th Floor,
The Santacruz Ark Co-operative Housing Society Ltd., SV Road, Opp Yoko Sizzlers,
Santacruz West, Mumbai, Maharashtra 400054, hereinafter called the “Testator/s”.

Life is short and uncertain; God knows when it may come to an end. We declare that
at present we are in sound and disposing mind and we fully understand what is right
and wrong. We with our free will, without any force or compulsion or coercion from
any corner in any manner, make this Deed of Will to avoid any litigation or
unpleasantness after our demise. We hereby revoke all Wills or Codicils or any other
testamentary document (if any) made jointly or severally this is our last and final Will
and any Will executed earlier shall stand cancelled by this Will.
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We submit that our present family consists of:

1. Mr. Shashi Ghanshyam Notani (son), aged about 47 years, PAN: AAEPN0404B,
an adult Indian inhabitant, residing at Flat No. 600, 6th Floor, The
Santacruz Ark Co-operative Housing Society Ltd., SV Road, Opp Yoko Sizzlers,
Santacruz West, Mumbai, Maharashtra 400054
2. Mrs. Pooja Vishal Pitre (married daughter), aged about 44 years, PAN:
AMWPP1854B, an adult Indian inhabitant, residing at Jugal Smruti Building, 3rd
Floor, 18th Road, Ahead of Beacon High School, Khar West, Mumbai,
Maharashtra 400052

Our son and daughter both are our legal heirs and representatives and will be entitled
to succeed to our properties under the law in the normal course.

We appoint our son Mr. Shashi Ghanshyam Notani, to be the “Executor” of this Will.
And in the event the said Mr. Shashi Ghanshyam Notani were to predecease us or is
unable or unwilling to act as our Executor, then our daughter Mrs. Pooja Vishal Pitre,
will be the “Executor” of this Will in the place and stead of Mr. Shashi Ghanshyam
Notani. (The expression our “Executor” used throughout this Will includes either the
singular or plural and the masculine and feminine gender as appropriate wherever the
fact or context so requires. The term “Executor” in this Will is synonymous with and
includes the term personal representative and Executrix.

We are possessed of substantial movable and immovable properties, which are more
particularly described herein. And we have the absolute power and right of disposal
over the same.
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We bequeath the following assets/ properties to our son Mr. Shashi Ghanshyam
Notani:

1. Residential property Flat No.1004, measuring about 113.64 sq. mts. (built-up)
area, on the 10th floor in Tower B of the building known as ‘Runwal Elegant’
along with 2 car parking spaces bearing No. P2-150 & P2-151 (Independent) on
Podium 2 level, being and situated on the plot of land bearing CTS No. 620, at Old
Kamat Club, Lokhandwala Complex, Andheri (West), Mumbai, Maharashtra 400
058 of Village: Oshiwara, Taluka Andheri, Mumbai Suburban District and situated
within the limits of Mumbai Municipal Corporation.

2. Residential property Flat No. 1101, measuring about 189.59 Sq. mts. (built-up)
area, on the 11th floor of the building known as ‘The Savijay Co-operative
Housing Society Ltd.’, being and situated on the plot of land bearing CTS No.
848 at 29th Road, Bandra (West), Mumbai, Maharashtra, 400 052, of Village:
Bandra Taluka: Andheri, Mumbai Suburban District and situated within the limits
of Mumbai Municipal Corporation.

3. Residential property Flat No. 404, measuring about 315 sq. ft. (built-up) area, on
the 4th floor of the building, known as ‘Sumer Life Casa’ and situated on the plot
of land bearing CTS No. 11A(pt.), at Near Kherani Garden, Powai, Mumbai,
Maharashtra, 400 072, Village: Chandivali, Taluka: Kurla, Mumbai Suburban
District and situated within the limits of Mumbai Municipal Corporation.

4. Residential property being Flat No. 1601, admeasuring about 211.11 sq. mts.
(built-up) area i.e., equivalent to 1893 sq. ft. (carpet) area, on the 16th floor of the
building known as ‘Imperial Heights’ along with parking space, bearing No. 07 &
14 on Podium-4 in the stilt below podium/ Open car parking space above podium,
being and situate on the plot of land bearing CTS No. 1 (pt.) 1A/ 1A, at Best
Nagar, Goregaon (West), Mumbai, Maharashtra, 400104, Village: Goregaon,
Taluka: Borivali, Mumbai Suburban District and situated within the limits of
Municipal Corporation.
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5. Residential property being Flat No. 600, admeasuring about 1223 sq. ft. (built-up)
area, on the 6th floor of the building known as ‘The Santacruz Ark Co-operative
Housing Society’, along with open terrace area admeasuring about 559 sq.ft.,
being and situate on the plot of land bearing CTS No. …… at S.V. Road Santacruz
(West), Mumbai, Maharashtra 400 054 of Village: Santakruj, Taluka: Andheri,
Mumbai Suburban District and situated within the limits of Mumbai Municipal
Corporation.

6. Residential property being Flat No. A-61, admeasuring about 670 sq. ft. (built-up)
area, on the 6th floor of the building known as ‘Neha Apartments Co-operative
Housing Society Ltd’, being and situate on the plot of land bearing Survey No. 25
and CTS No. 968 at Juhu Tara Road, Juhu, Mumbai, Maharashtra 400 049 of
Village: Juhu, Taluka Andheri, Mumbai Suburban District and situated within the
limits of Mumbai Municipal Corporation.

7. Residential property being Flat No. 801, measuring about 180.56 sq. mts. (built-
up) area, on the 8th floor of the building known as ‘Madhu Niketan Co-operative
Housing Society Ltd’, being and situated on the plot of land bearing CTS No. 546
at Plot No. 140, TPS IV, West Avenue Road, Santacruz (West), Mumbai,
Maharashtra 400 054 of Village: Bandra, Taluka Andheri, Mumbai Suburban
District and situated within the limits of Mumbai Municipal Corporation.

8. All the bank accounts, investments with various mutual funds, and investments in
demat account, and also all the jewelry and articles such as rings, bangles,
necklace of gold and diamond, etc.
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We bequeath the following assets/ properties to our married daughter Mrs Pooja
Vishal Pitre:

1. Residential premises being Flat No. 1001, admeasuring about 99.14 sq. mts.
(built-up) area on the 10th floor of the building known as ‘Oberoi Splendor’
along with 1 stilt car parking space, admeasuring about 11.15 sq. mts., lying,
being and situate on the plot of land bearing CTS No. 1(part), at Jogeshwari –
Vikhroli Link Road, Opp Majas Depot, Andheri (East), Mumbai, Maharashtra
400 060 of Village: Majas, Taluka Andheri, Mumbai Suburban District and
situated within the limits of Mumbai Municipal Corporation.

The distribution of all our properties, assets, etc. as mentioned above shall be made by
the Executor as per our will and wish as stated.

If we acquire any property whether movable or immovable, after making these

presents then the same shall be bequeathed to our son Mr Shashi Ghanshyam
Notani.

Our Executor shall obtain (if required) probate of this Will from the competent court
and shall pay all the necessary duties, court fees, legal expenses, and all such other
expenses required for obtaining the same.

Any expenses incurred during our lifetime on our hospitalization, or illness borne by
us. Moreover, our Executor shall pay for our deathbed, funeral expenses, and other
expenses in the recovery and administration of the said properties mentioned above.

All our liabilities and loans will be settled and thereafter this Will shall come into
operation.
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IN WITNESS WHEREOF I/We the above-named Testator/s have signed this Will
hereunder in the presence of Witnesses on this ……. day of October 2023

Signed, Sealed and Delivered,

By the within-named “Testator/s”

(1) Mr Ghanshyam Hassanand Notani

(2) Mrs. Bina Ghanshyam Notani

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WITNESSES:

1. Name: Mr. Vishal Shriram Pitre

Address: Jugal Smruti Building,
3rd Floor, 18th Road, Ahead of
Beacon High School, Khar
West, Mumbai, Maharashtra
400052

2. Name: Mr. Shyamlal Yadav

Address: Near Midli School,

Gram Barhara Jabdi, Post

Bhatsimar, Rajnagar, Bhat Simar,
Madhubani,
Bihar 847235
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Importance of Drafting

Drafting is a science and can be acquired only by long practice. In simple terms, drafting
refers to the act of writing legal documents. The key feature of drafting is that it presents
a brief knowledge about the significant facts of the situation or issue. Drafting demands
a lot of skills combined with patience from the advocates. A properly drafted document
aims at accuracy and truth.

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.

Legal Drafting is the most important instrument of legal communication. The skill to
draft well is the skill to think and communicate well. Therefore, it is important to
recognize the purpose that a legal document has to serve. A legal document has to serve.
A legal document must be drafted in a way that categorically specifies the legal issue,
statements of the client, and the remedies sought if any.

Legal drafting is important as it ensures that the legal document is structured properly. A succinctly
drafted document clearly expresses its purpose and applicability. Drafting skills embrace
not only the ability to produce crisp documents but also to acquaint a layman with the intention of
the legal document. The legal profession swears by the maxim, “verba volant, scripta
manent” which means spoken words fly away, written words remain!

Legal Drafting skills begin with having a strong command over the language. A lawyer
must connect his words like pearls in a string. Legal documents that are flawless and
error-free, win half the case for a lawyer.

A well-drafted document is equivalent to a strong argument and can make or break a

case. A legal document, whether it is a contract, written statement, or an affidavit, serves
two purposes- informing and engaging both the client and the court about the legal issue.
It becomes essential for lawyers and judges to draft all legal documents with precision,
to clearly depict all essential facts as well as engage a layman to its content.
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Drafting and legal writing skills are pivotal for a lawyer. Did you notice the mistake in
that sentence? Even the smallest mistake can change the entire meaning of a sentence -
an error in a legal document can cost a client his case, his transaction.

Legal drafting skills begin with having a strong command over the language. A lawyer
must connect his words like pearls in a string! Legal documents must be that flawless
and error-free.

A legal document, whether it is a contract, written statement, or an affidavit, serves two

purposes- informing and engaging both the client, a counterparty and even the court
about the legal issue. It becomes essential for lawyers to draft all legal documents with
precision, to clearly depict all essential facts as well as engage a layman to its content.

A lawyer equipped with legal drafting skills can identify his target audience who is
going to read the document. The content of a legal document must be understood by the
audience who is reading it. For instance, a legal notice sent to the other party must not
be full of legal jargons that the other party is disabled from understanding the legal issue
and remedies sought from him.

Legal drafting skills are also important as they ensure that the legal document is
structured properly. An unstructured document without balance lacks effectiveness.
Overusing negative statements or an aggressive tone can make a document seem
confrontational. A document free of such failures and errors is considered most
authentic and effective.

Legal drafting skills also embody refraining from using legalese i.e. complicated legal
phrases and jargon that is beyond the comprehension of a layman. The meaning and
purpose of a legal document must be clear and simple. A legal document burdened with
unnecessarily complicated terms loses its essence as its purpose becomes unclear.

Legal drafting must be concise. It does not mean that the crux and requisite statements
are to be left out. A succinctly drafted document clearly expresses its purpose and
applicability. Technical terms, on one hand, may assist to maintain the fidelity of a
document, may not appeal, or intrigue the mass audience. A complicated document with
heavy with legal jargons would go over the head of a client.
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Legal drafting skills also include the art of drafting authentic documents rather than
using template format for every contract or notice drafted, it must be written to fit the
case or purpose and therefore bespoke on a case-by-case basis.

This makes conducting legal research before drafting a document, one of the skills
required to draft pristine documents. Legal research is essential to construct a
background and basis structure of a legal document and enables the court to relate to its
content effortlessly.

Drafting is essential in various fields, such as law, technical writing, and general
document preparation. It involves the creation of a preliminary version or outline of a
document before its finalization. The process of drafting is governed by several
principles that ensure the effectiveness and clarity of the final document. This section
will explore the general principles of drafting and their importance in creating well-
structured and coherent documents.

The general principles of drafting are:

➢ Formation of Outline in a Satisfactory Manner

➢ Elaboration and Addressing of Important Issues:
1. Detailed Content: The draft should delve into the subject matter and cover
all relevant aspects. It should thoroughly analyze the topic, leaving no
significant points unaddressed.
2. Avoidance of Vagueness: Ambiguity and vagueness hinder effective
communication. Therefore, the draft should strive to be clear and concise,
avoiding vague language or unclear statements.
3. Consideration of Relevancy: The draft should focus on the essential aspects
of the subject matter, ensuring that all relevant points are included while
omitting irrelevant or extraneous information.
4. Content Unity: The draft should maintain a cohesive flow of ideas, ensuring
that all paragraphs and sections contribute to the central theme or purpose of
the document.
5. Chronological Order: The facts, arguments, or information presented in the
draft should be arranged in a logical and chronological sequence, enabling a
coherent understanding of the topic.
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➢ One Major Point Per Paragraph: Paragraph Structure: Each paragraph in the
draft should have a clear and distinct focus, addressing one major point or idea.
This approach enhances readability and facilitates comprehension for the readers.

➢ Emphasis on the Arrangement of Facts:

1. Organized Presentation: The facts, arguments, or information within the
draft should be arranged in a step-by-step manner, reflecting a structured and
systematic analysis of the problem at hand.
2. Uniformity and Consistency: There should be consistency in the presentation
of ideas throughout the draft. This ensures a smooth flow of information and
aids in the understanding of complex concepts or arguments.

➢ Style and Language:

1. Effective Idea Transmission: The style of writing in the draft should facilitate
the conveyance of ideas. It should be clear, concise, and easy to comprehend,
effectively communicating the intended message.
2. Appropriate Use of Legal Terms: In legal drafting, it is crucial to use
appropriate legal terminology to convey facts accurately and precisely. The
use of the correct legal terms enhances the professionalism and clarity of the
document.
3. Simple and Faultless Language: The language used in the draft should be
simple, avoiding unnecessary complexity or jargon. It should also be free
from grammatical errors, incorrect spelling, illogical paragraphing, and poor
punctuation, as these can diminish the value and credibility of the document.
4. Avoidance of Repetitions: Redundancy should be avoided to maintain the
clarity and conciseness of the draft.

➢ Physical Characteristics:
1. Paper Quality and Margins: The draft should be typed on standard quality
paper, typically measuring 20 by 30 cm. Margins of 4 cm. at the top and left
side and 2.5 to 4 cm. on the right side and bottom should be maintained to
ensure a neat and professional appearance.
2. Page Numbering: Each page of the draft should be numbered, allowing for
easy reference and navigation.
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3. Differentiation of Preliminaries and Main Text: Preliminary sections, such as

the table of contents or acknowledgments, should be numbered using Roman
numerals (i, ii, iii), while the main text should be numbered using Arabic
numerals (1, 2, 3, etc.).
4. Formatting of Paragraphs: The document’s body should be double-spaced,
ensuring sufficient spacing between lines for improved readability.
Additionally, 5 spaces should indent each paragraph, and paragraph
numbering can be used for better organization and referencing.
5. Document Binding: To maintain the integrity and organization of the draft,
all sheets should be securely bound together.

➢ Choice of Words in Drafting: Indeed, the draftsman should be mindful that

the choice of words in a draft significantly impacts its quality. Here are some
key points to consider when selecting words for a legal draft:
1. Consistent Meaning: Words should be used consistently throughout the
draft, ensuring that they convey the same sense and meaning. Avoid using
different terms or synonyms interchangeably, as it may lead to confusion or
ambiguity.
2. Active Voice: Whenever possible, prefer using the active voice over the
passive voice. The active voice provides clarity and directness in conveying
the subject and action of the sentence. However, if the passive voice
enhances the clarity or emphasizes a particular aspect, it may be used
appropriately.
3. Avoid Starting Paragraphs with ‘That’: In modern usage, it is generally
recommended to avoid starting paragraphs with the word ‘that.’ Instead,
opt for alternative sentence structures to maintain variety and flow in the
draft.
4. One Thing at a Time: To ensure clarity and coherence, focus on addressing
one point or topic at a time in each paragraph or section of the draft. This
approach helps readers to follow the logical progression of ideas and
reduces the likelihood of confusion or misinterpretation.
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Following set of rules should be followed while drafting:

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

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

• Negative statements should generally be avoided.

• Technical language should be followed.

• The legal language employed should be precise and accurate.

• Draft should be readily intelligible

• Due care and attention should be placed on the rules of legal interpretation
and the case law about the related matter.

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

competent knowledge of the subject matter.

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

• The draft should be divided into paras and each para should contain a distinct
subject matter.

• Arrangement of facts should be done logically

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

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

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

• The draft should be read once or twice before passing it for consideration.
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Legal drafting involves two steps:

A. To understand the context and concept of the document which is being drafted:
To draft a legal document, the first step is to fully understand and comprehend
the facts and context for which the document is being drafted and the laws that
govern such facts and documents so that the document thus prepared does not
offend or violate any provision of law. The draftsman should also take notice of
the directions given by the parties to such a document so that the document
derives the exact meaning, for which the document had been drafted.
B. To put the document in writing: the next After interpreting the laws and
understanding the facts in the context of the document, the next step is to start
drafting the document. This is done by collecting and consolidating the facts and
writing them down in a structured, precise, and accurate manner. The document
thus prepared should bring out the exact meaning upon the legal interpretation of
it, that the parties to the document wanted it to convey.

Process of Drafting: The process of drafting typically involves multiple iterations or

drafts before a final version is prepared. Each draft serves a specific purpose:
A. The first draft: This initial version focuses on capturing the comprehensive
and complete set of facts related to the matter at hand. It aims to gather all the
relevant information and ensure that nothing significant is omitted.
B. The second draft: The second draft involves refining and improving the
content of the initial draft. It involves reviewing and revising the document’s
form, structure, and language. This stage often involves trimming unnecessary
or redundant information and clarifying any ambiguities or inconsistencies.
C. The final draft: The final draft is the culmination of the drafting process. It
aims to give the document a polished and authoritative touch. The document is
reviewed for accuracy, coherence, and effectiveness in conveying the intended
message at this stage. The final draft should be persuasive and capable of
convincing the intended audience, whether it be a court, client, or other
relevant parties.
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Throughout the drafting process, careful consideration is given to the choice of words,
phrasing, and style of writing. Precise and accurate legal language is employed to
ensure that the document conveys the intended legal meaning effectively. Individuals
with competent knowledge of the subject matter should readily understand the draft,
avoiding jargon or overly technical terms that may hinder comprehension.

Conveyancing: Conveyancing is that part of the lawyer’s business which relates to the
alienation and transmission of property and other rights from one person to another, and
to the framing of legal documents intended to create, define, transfer, or extinguish right.
It therefore includes the investigation of the title to land, and the preparation of
agreements, wills, articles of association, private statutes operating as conveyances, and
many other instruments in addition to conveyances properly so-called.

Pleadings: Pleadings are statements in writing drawn up and filed by each party to a
case, stating that his contentions will be at the trial and giving all such details as his
opponent needs to know to prepare his case in answer. The function of pleadings is not
simply for the benefit of the parties, but also and perhaps primarily for the assistance of
the court by defining with precision the area beyond which, without the leave of the
court and consequential amendment of the pleadings, the conflict must not be allowed to
extend. The purpose of rules regarding pleadings is to advance justice and to prevent
multiplicity of proceedings.
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Conclusion: It can be concluded that Plain Legal Language is beneficial as compared to

ornamental and generic legal language as it helps avoid disputes, make effective
communication, saves time and money, and also helps increase the business and profits
of lawyers and brands who use such language as it improves their transparency, rather
than increasing the complexity of the already complex legal world as is done by
ornamental legal language. Plain legal language would also help in making the general
public understand laws better and the reasoning behind them. It would also help in
reducing unnecessary disputes which cause the judicial process to slow down and make
them time-consuming.
The general principles of drafting guide the creation of effective legal documents. A
satisfactory outline, careful arrangement of facts, and clear style and language are
fundamental. Attention to physical characteristics, such as paper quality and proper
numbering, adds professionalism. Following rules like conceptualizing the design,
avoiding omissions, and employing precise legal language are crucial.

The document should be intelligible to those familiar with the subject matter, with
paragraphs focused on distinct topics. Logical organization, numbering, and word choice
enhance clarity. Thorough proofreading ensures accuracy. By adhering to these
principles, draftsmen can produce high-quality legal documents that convey their
intended messages accurately and persuasively.

Legal drafting is cardinal to the judicial proceedings. It is the most reliable tool of legal
practitioners. A well-drafted document instantly attracts the attention of the court. Any
failure however little, in bringing out the material issues would be fatal to the matter
under consideration. Therefore, it is pertinent that one has an accurate understanding of
the concerned issues, so that, relevant questions are brought before the court for
successful adjudication. Pleadings assist students in their endeavor to enter active
practice. Therefore, legal drafting is the light that helps the court in the administration of
justice by enabling it to determine the truth on the basis of pleadings.
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Bibliography

• https://www.academia.edu/44401850/IMPORTANCE_OF_LEGAL_DRAFTIN
G_IN_JUDICIAL_SYSTEM
• https://lawbhoomi.com/general-principles-of-drafting/#Process_of_Drafting
• https://blog.ipleaders.in/why-should-the-language-of-legal-drafting-be-simple/
• https://blog.ipleaders.in/drafting-principles-rules-dos-donts-law-student/