Comment on the following: Drafting and Conveyancing have same meaning and are interchangeable.

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2019
Comment on the following: Drafting and Conveyancing have same meaning and are interchangeable.

Answer & Explanation:

Both the terms "drafting and conveyancing" have same meaning although these terms are not interchangeable. Drafting may be defined as the synthesis of law and fact in a language form. In other words, legal drafting is the crystallization and expression in definitive form of a legal right, privilege, function, duty, or status. It is the development and preparation of legal instruments such as constitutions, statutes, regulations, ordinances, contracts, wills, conveyances, indentures, trusts and leases, etc. Conveyancing is the art of drafting of deeds and documents whereby land or interest in land i.e. immovable property, is transferred by one person to another; but the drafting of commercial and other documents is also commonly understood to be included in the expression "Conveyance", as defined in clause 10 of Section 2 of the Indian Stamp Act, 1899, "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 by Schedule I" of the Act. Thus, conveyance is an act of conveyancing or transferring any property whether movable or immovable from one person to another permitted by customs, conventions and law within the legal structure of the country. Conveyancing gives more stress on documentation much concerned with the transfer of property from one person to another, whereas "drafting" gives a general meaning synonymous to preparation of drafting of documents. Hence, all conveyancing necessarily includes the element of drafting, whereas all drafting need not relate to conveyancing. Drafting is a wider term.

Topics: Legal Drafting

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