10/14/12

CAclubindia News : Principle of Draf ting

Principle of Drafting
MEANS: THE combination of Law and Fact in a language form. The process of Drafting operating in two planesConceptual and Verbal. Besides choosing the right word the right concept is also required to choose. In legal sense drafting means preparing of Legal Document. A draft document is understood only by the person having proper knowledge in legal language. We can understand that draft means description of the fact in Legal language.

PRINCIPLE OF DRAFTING:

From the above meaning of drafting we can say drafting is skilled job. If a person like to draft any document he must first ascertain the name, address and description of both the parties. He must know the main matter to explain and purpose of the document , he must also take care of all legal compliances applicable to the document . While drafting he always keep in mind that main intention of the parties should be describe in the document in legal language, so he need to ascertain the intention of the parties.

After understanding the main purpose of the document, the person must consider that weather this intention can be given effect without destructing any provision of law. The person must note down the important requirement of law to be fulfilled in the document because validity of the document in the law cannot be ignored. Nothing is to be included and remove from the document without any reason.

One more thing is also to be ensured that the Format of the document taken should be in complied with ordinary legal transaction. Document should be supported by the schedules and annexure. There are some other principle is also required fulfill which are pointed as under:

1) Fowlers five rules:

According to Fowler, any one want to become a good writer should Endeavour, before he allows himself to be tempted by more showy qualities. This principle base on the following vocabulary:

a) Prefer the familiar word to the unfamiliar word .

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10/14/12

CAclubindia News : Principle of Draf ting

b) Prefer clear word than to word create confusion.

c) Prefer word give direct meaning.

d) Use of Roman word create problem in giving proper sense of the document, so it should not be used.

e) Active voice is always preferable in the drafting of any document.

2) Sketch of the Draft Document:

It is always advisable to have a sketch before you go for the drafting of any document, because without having knowledge of the matter to be incorporate in the document and all the requirement of the matter to be incorporate, you cannot progress with the document. So before going for drafting one must have a sketch of the draft document.

3) Skelton of draft document:

After once decided the content and outline of the document the person must note down the points to be incorporate in the document..

4) Special Attention to be give to certain document:

Certain document require extra care, suppose document in which transfer of immovable property is involved it is necessary to ensure the perfect Title of the transferor in addition to this, the permissions required under deferent law is to be obtain.

5) Experts Opinion:

If the document is prepared first time to used again and again with modification than it should be got vetted by the expert to ensure suitability.
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10/14/12

CAclubindia News : Principle of Draf ting

Beside the above there is also some dos and dont dos are required to followed :

DOs:

1) Reduce group to single word.

2) Simple verb should be used.

3) Avoid unnecessary repetition.

4) Shorter sentences are preferable.

5) Ideas should be express in short word.

6) Prefer active to passive voice.

7) You must know the meaning of the word you are writing.

Dont Dos:

1) Same sound word should not be used.

2) Negative in successive phrases would be very carefully placed in the document.

3) Avoid to use of word Less than or More than instead he must use Not Exceeding.

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