In legal parameters the documents is having very important to play. We exmine, all the documents in detail we also prepare all the documents in accordiance with the clients requirements as per Indian legal system.
WHAT IS A DOCUMENT?
Ordinarily the word “document” denotes a textual record. Increasingly sophisticated attempts to provide access to the rapidly growing quantity of available documents raised questions about which should be considered a “document”.
Three acts refer to the word “Document” in very similar terms:1. Section 3 of the Indian Evidence Act,1872 states that a “Document” means any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of those means, intended to be used or which may be used, for the purpose of recording that matter.
→ A writing is a document;
→ Words printed, lithographed or photographed are document;
→ A map or plan is a document;
→ An inscription on a metal plate or stone is a document;
→ A caricature is a document;
2. Section 3(18) of the General Clauses Act, 1897, states that a “Document” shall include any matter written, expressed or described upon any substance by means of letters, figures, or marks or by more than one of those means, which is intended to be used or which may be used for the purpose of recording that matter.
3. Section 29 of the Indian Penal Code, 1860, “The word ‘Document’ denotes any matter expressed or described upon any substance by means of letters, figures, or marks or by more than one of those means, intended to be used or which may be used as evidence of the matter”.
Thus the word “Document” has been used in a wide sense and it includes instruments, deeds, agreements etc. Documents will also include Electronic records.
WHAT IS DRAFTING OF DOCUMENT?
Drafting may be defined as the synthesis of law and fact in a language form. Perfection cannot be achieved in drafting unless the nexus between law, facts and language is fully understood. In fact drafting can be described as the practice, technique or skill involved in preparing legal documents that set forth the rights of the parties.
A legal document is basically an enumeration of the transaction and all terms and conditions agreed to between the parties involved.
The following ten easy and important steps can be followed for drafting a document:i.Ascertain a proper title of the document, which aptly describes the nature of transaction in brief.
ii.Ascertain the parties to the transaction/agreement or the persons executing the document representing the parties. The particulars of identity like father's/husband's name, residential/official address, age, date of incorporation in case of company etc. should also be mentioned.
iii.Note down the transaction/agreement and the consideration involved.
iv.State the mode and manner of payment of consideration.
v.Note down the various terms and conditions of the agreement. These terms actually state the rights and liabilities of each party under the agreement. These terms should be drafted in very clear and precise language. The words used should be unambiguous so that only one meaning/ interpretation is possible. It should be ensured that no condition is left out.
vii.At the end, the document should bear signatures and stamp/seal where necessary of the executing parties. The date and place of execution should also be mentioned. Some documents also require to be witnessed by some independent person who is not party to the document.
viii.Where a document is required to be executed on stamp paper, then the stamp paper should be of prescribed value as applicable in the concerned state.
ix.If a document is required to be registered, it should be presented for registration before the appropriate authority, within a reasonable time after execution.
Necessary number of copies of the document should also be prepared on Stamp paper of appropriate value, if so required.