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

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2017
Comment on the following statements: Drafting and Conveyancing have same meaning and are interchangeable words.

Answer & Explanation:

Both the terms 'Drafting and Conveyancing' provide the same meaning although these terms are not interchangeable. 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. Document may include documents relating to transfer of property as well as other 'documents' in a sense as per definition given in Section 3(18) of the General Clauses Act, 1897 which include any matter written, expressed or described upon any substance by means of letters, figures or mark, which is intended to be used for the purpose of recording that matter. For example, for a banker the document would mean loan agreement, deed of mortgage, charge, pledge, guarantee, etc. For a businessman, document would mean something as defined under Section 2(4) of the Indian Sale of Goods Act, 1930 so as to include a document of title to goods i.e. 'Bill of lading, dock-warrant, warehouse-keepers' certificate, wharfingers' certificate, railway receipt multi-model transport document warrant or order for the delivery of goods and any other document used in ordinary course of business as proof of the possession or control of goods or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented.' As per Section 2(36) of the Companies Act, 2013 the term 'document includes summons, notice, requisition, order, declaration, form and register, whether issued, sent or kept in pursuance of this Act or under any other law for the time being in force or otherwise, maintained on paper or in electronic form. Thus, drafting may cover all types of documents in business usages. In India, the commercial houses, banks and financial institutions have been using the term 'documentation' in substitution of the words 'Drafting and Conveyancing'. Documentation refers to the activity which symbolizes preparation of documents including finalisation and execution thereof.

Topics: Legal Drafting and Conveyancing

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