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DOCUMENTS DRAFTING

Drafting means an act of preparing of anything, In legal sense, drafting of preparing the legal documents like Agreements, Contract, Deeds etc.

The process of Drafting is Divided into two parts:-

The conceptual and

The verbal,

Therefore Drafting is first thinking and second composing.

DOCUMENTS

As per General Clause Act, 1894 – Documents means any matter expressed or described upon any substance by means of letter, figures or by combination thereof, for the purpose of recording that matter.

For Example:-

  • A writing is a document
  • Words printed, lithographed or photographed are documents
  • A map or plan is a documents
  • An inscription on a metal plate or stone is a documents
  • A caricature is a document.

A proper understanding of drafting cannot be realized unless the nexus (link or relationship) between the law, the facts and the language is fully understood and accepted. Drafting of legal documents requires the skills of draftsman, the knowledge of facts and law so as to put facts in a systematic sequence to give a correct presentation.

It is always advisable to sketch or outline the contents of a document before taking up its drafting. Before commencing drafting of any document, the draftsman should sketch or outline the design of proposed documents so that any confusion or shortcomings can be identified at early stage and can be rectified accordingly.

According Expert’s opinion – if the document has been prepared for the first time to be used again and again with suitable modification depending upon the requirements of each case then it should be got vetted by the experts to ensure its suitability and legal fitness if the corporate executive feels it so necessary.

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