Drafting, pleading and conveyancing by amanpreet kaur at lexcliq


  • It is the primary stage of writing.
  • Drafting, in legal sense, is an act of preparing the legal documents like agreements, contracts and deeds.
  • Drafting is writing any legal document, it can be pleading for civil court or Complaint to a Criminal court or petitioning before High Court or drafting a Will.
  • It involves conciseness
  • It should be clear and not filled with ambiguity.
  • It must have an element of completeness
  • It must be in precise form
  • correct words should be used while drafting
  • It must be in regard with clear and firm thinking
  • There must be a sense of politeness while reading a draft .
  • It must be logical
  • Sentence formation should be short and attractive.
  • A proper understanding of drafting cannot be realized unless the nexus between the law, the facts and the language is fully understood and accepted.


  • plaint or written statement
  • Pleading is Complaint in written form before a judicial forum and again pleading is answering the Complaint by filing a statement(written) in written form.
  • A pleading includes claims and counterclaims but not the evidence by which the litigant intends to prove his case.
  • Memo of Appeal is also pleading.
  • Order 6 Rule 1 of 1st schedule of CPC, 1908
  • Object – so both parties should know the exact point of dispute so that they can prepare their facts / to bring parties to the real issue of the dispute
  • Fundamental rules of pleading –
  1. Facts and not law
  2. Pleading of material facts
  3. Pleading of material facts and not evidence
  4. Pleading to be concise and precise
  • Amendment of pleading –
  1. at any stage of proceeding on the direction by the court
  2. power of court under Order 6 rule 16, CPC
  3. party can make a request to court to strike down or amend the objectionable matter in pleading of the opposite party
  4. no application of party after trial unless court thinks fit { ORDER 6 RULE 17 }
  5. addition of any inconsistent ground is not permissible
  • alternative pleas –
  1. no variation in the cause of action
  2. object behind it is to avoid unnecessary litigation
  • alternative reliefs – permitted but not in contrary claim.


  • It is an instrument which transfers property from one person to another.
  • Generally Conveyance means to convey [ to move]
  • According to Indian Stamp Act, 1899 “Conveyance includes a conveyance on sale and every instrument by which property, whether movable or immovable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule”
  • It involves alienation of property
  • An object of conveyancing is that – deed must contain all relatable particulars
  • deed poll – there is one party only expressing its active intention. It is  not a contract
  • indentures – A deed in which two or more persons are parties and the documents which evidences certain acts or agreement between them / a legal contract written in duplicate on the same sheet, with the copies separated by cutting along a jagged (toothed, hence the term “indenture”) line so that the teeth of the two parts could later be refitted to confirm authenticity (chirograph).
  • The Requirements involved in this are  – knowledge of law , intention , language, material facts, interpretation of documents

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