Unit 1 of Drafting, Pleading and Conveyancing – I (syllabus: Module I — letter seeking permission from a statutory authority, letter of attornment, accountable receipt, promissory note, affidavit for change of name, declaration, and schedule of property). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What is the difference between a deed poll and an indenture, and why does it decide the voice of the draft?
- How is a letter seeking permission from a statutory authority drafted, and what makes it fail?
- Who writes a letter of attornment, and what must it settle?
- What makes a receipt an accountable receipt rather than an ordinary one?
- What are the essentials of a promissory note, and which drafting slips destroy it?
- How is an affidavit for change of name drafted, and which paragraph is the one authorities act on?
- How does a declaration differ from an affidavit?
- What must a schedule describing a plot of land with a structure on it contain, and where does it go in the deed?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- General Clauses Act 1897, s. s. 27
- Transfer of Property Act 1882, s. s. 109
- Indian Contract Act 1872, s. ss. 213 and 218, with Indian Stamp Act 1899 ss. 2(23) and 30
- Negotiable Instruments Act 1881, s. s. 4, read with ss. 13 and 87
- General Clauses Act 1897, s. s. 3(3), with Oaths Act 1969 s. 3, CPC s. 139 and O. XIX r. 3
- Powers-of-Attorney Act 1882, s. s. 4, with General Clauses Act 1897 s. 3(3)
- Registration Act 1908, s. s. 21