Sequence of the Record Book to be maintained by you students as per the syllabus:

1.Meaning of Draft
2.Meaning of Drafting
3. Stages of Drafting
4.Principles of Drafting (4 principles)
5. Meaning of Legal Drafting
6. Process of Drafting- (till here hand written notes were provided after
teaching in class)
7.Coneyancing (Pdf File to be given to students from 13/1/25 in class after
teaching)
8. Definition of Conveyancing
9.Historical background of Conveyancing
10. Meaning of Deed
11. Types of Deed in Ancient times
12.Meaning of Conveyance Deed
13. Essentials for drafting a Conveyance deed
14.Object of Conveyancing
15. Format of Agreement to sell and Conveyance Deed

CONVEYANCING taught on 13/1/25

Meaning of Conveyancing
The art of ‘conveyancing’ is of English origin.
It means to convey something to someone. The word ‘to convey’ means to transfer
or to make over. The word conveyancing means an instrument or deed through
which one or more living person transfer his or their interest in present or in future
in or upon an immovable property to one or more living persons. In other words
1
conveyance means an act by which property is conveyed or voluntarily transferred
from one person to another by means of a written instrument and other formalities.

Definition of conveyance
Section 2(10) of the Indian Stamp Act, 1899 defines the term „conveyance‟ as:
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 I.
History of Conveyancing In ancient times,
In England the deed writing was optional continued to remain optional until the time
of King Charles II, particularly the case in which the deed was required not to be
under seal. Writing was required only in the great matter of importance. It was only
during the reign of King Charles II that the British Parliament enacted in 1677 a
legislation requiring writing for creation and transfer of the interest in landed
property with an exception in case of lease for less than three year. The Real Property
Act of 1845 required all grants of landed interest to be made by writing which came
to be known as „conveyancing‟. The present form of conveyancing is based on the
Conveyance of Land Act of 1845 and the Law of Property Act of 1925.
In India the forms of conveyancing are based on the present English forms.
No legislation in India has ever been passed on the law of conveyancing.
Conveyancing in India is not unknown as the word, ‘Qabuliyatnama’, ‘Jagirdar’,
‘Muafidar’ and ‘Charpatra’, etc., are occurring from ancient days in the Indian
literatures.
The Position of Drafting of Conveyancing in India
The condition of drafting of conveyancing in mofussil India is deplorable. It is only
in the then Presidency Towns (metropolitan cities) of Bombay, Calcutta and Madras
the work of drafting of the conveyancing remained in the hand of solicitors and
2
barristers well trained in the field of drafting on the lines of English conveyancing
and it still continues on the same pattern and is satisfactory. But in the Mofussil
Towns the task of drafting of conveyancing remained and continues to remain in the
hands of ‘deed writers’, ‘scribes’ or ‘scribers’ who have no legal knowledge but have
adopted the profession of deed writing. So, the deeds in Mofussils generally and
commonly suffer from so many defects and sometimes these defects become
incurable.
Meaning of Deed
Deed In a broad sense the „deed‟ means something done or performed which is
synonymous with ‘act’. In legal sense, deed means a solemn act denoting document,
and it may be defined as an instrument written on parchment or on a paper executed,
signed, sealed and delivered by the executant. A document or an instrument through
which a present or future interest in an immovable property is transferred by one or
more living persons to another living person or persons is called deed. It is called a
deed because it is considered the most solemn and authentic act that a person can
possibly perform in relation to his property. Statements made in deeds may amount
to admission and may operate as estoppel in certain circumstances. In Halsbury's
Law of England, a deed has been defined as an instrument written on parchment or
paper expressing the intention of some persons named therein who make assurance
of some interest in property, or of some legal or equitable right, title or claim, or
undertake or enter into some obligation, duty or agreement enforceable at law or in
equity, or to do some other act affecting the legal relation or position of a party to
the instrument.
Types of Deed in ancient times
In England and so in India, too, there are two types of Deeds, viz., ‘Deed Poll’ and
‘Indenture Deed’.

3
Charpatra (Redemption of rent), Jagir grants, Quabuliyats, etc, were all the seal of
the grantor.
The Deed Poll is a document which is executed unilaterally in the first person while
an indenture is bilateral or multilateral deed. Bonds, Power of Attorney and Wills
are ‘Deed Polls’. Mortgages, sales and gifts can also be unilateral and so these are
'Deed Polls', while a deed of Lease is a bilateral document to be executed by the
Lessor and Lessee both and so it is an „Indenture‟.

Deed Poll As the old practice in England was to indent or cut a document which
indicated towards executant of the deed; and when deed was polled or cut at the top
or at the bottom it was known as „Deed Poll‟. It was called Deed Poll or single deed
because it was executed by one party only. A bond, a power of attorney, and a will
are the best examples of Deed Poll. It is an executed contract of conveyance made
by the grantor alone.
Indenture Deed Under the old practice of drafting of deed in England, the mark of
cut or indent indicated towards the executant of the deed. A deed is technically called
an „indenture‟ or „deed indented‟, because the old-practice in England was to cut
or intend for the purpose of tally. The old practice was to write two copies of the
deed upon the same piece of parchment or substance with some words or terms or
letter of alphabet were so written that when one copy was separated from the other,
the substance or the parchment was so cut or indented so as to leave half of the word
or letter in one copy and the other half in another copy, so as to fit or aptly join its
counterpart from which it was supposed to have been cut, indented or separated. 110
This practice of indenting of deeds is no more in England and at present indenture
means a deed between two or more parties importing the meaning of executed
contract of conveyance made under seal. A deed of Lease, a mortgage deed and a

4
partnership deed were the best example of indenture deed according to old practice
in England.
The term „Deed‟, „Conveyance‟ and „Deed of Conveyance‟ or „Conveyancing‟ are
frequently used interchangeably to denote one and the same legal concept, and each
is being commonly understood to mean an instrument in writing whereby the grantor
conveys to the grantee some right, title or interest in or upon some real property .
Thus, by the aforesaid expressions, we mean each of them as document, indenture
or instrument in writing. So, the terms, ‘conveyance’, ‘conveyancing’, ‘deed of
conveyance’ or ‘conveyancing’, ‘deed’, ‘document’, ‘indenture’ and ‘instrument’
are interchangeable for the purpose of drafting of documents.
Object of Conveyancing
Movable property may be physically given and taken by actual delivery, while this
is not possible in case of property in case of immovable properties. Thus,
conveyancing is that branch of the law of transfer of property which deals with the
mode and form of transfer to which both- the transferor and the transferee have
agreed upon.

1. Voluntary transfer of rights between the parties.

-Its main object is to enable the owners of real property to make voluntary
transfers of their right, title and interest therein for some specific purpose and
for a specified period. Such transfers are not otherwise possible than by
conveyancing.

2. Determining the real intentions of the parties

- It incorporates the expressions of the intention of the parties to the deed of
conveyance so that accordingly it shall take effect. In case of any doubt,
dispute, ambiguity and susceptibility, the real intention of the parties may be
5
discovered from the words, phrases and the expression used in the deed. A
transferor may have passed the property intending to pass; but if he has not
expressed himself in suitable words of the language, the deed may be
defective or susceptible of two or more constructions; and so the benefits of
the transfer may be lost to the transferee. Secondly, where any adverse
claimant interposes before the transferee, may get actual legal possession of
the transferred property, it may be quite possible that the transferor with all
his willingness may not be able to help the transferee.

3. Determining the disputes and protection of interest of the parties

- It helps the Court and judicial tribunals to determine any dispute if
subsequently arises between the parties to the deed. It serves the purpose of
both- the transferor and the transferee in protecting their interests. It protects
the interests of the transferee from any precedent and /or subsequent acts or
omissions of the transferor or any other person claiming through or under him
against the expressed intention of the grant and the covenant of the deed; and
likewise, the interest of the transferor is also protected from any subsequent
acts or omissions of the transferee. It is a document of title to the property and
forms the basis of a record of rights maintained by the Government. It is, also,
a documentary piece of evidence.

FORMAT OF AGREEMENT TO SELL AND CONVEYANCE DEED-

TAUGHT ON 15/01/25