Documents
Drafting
Overview
Many disputes that reach court begin with a document: a loosely worded agreement, an unanswered notice, a will that leaves room for doubt. Careful drafting cannot remove every risk, but it can make intentions clear, anticipate the points on which parties commonly fall out, and satisfy the formal requirements the law attaches to particular documents.
We draft and review documents for individuals, families and businesses, informed by the firm's litigation practice and by how documents are read once they are contested. Where a document must be stamped, attested, notarised or registered, we explain what is required and when. Stamp duty and registration requirements differ between states, including between Uttar Pradesh and Delhi.
Scope of the service
What this includes.
07 elements
- 01
Agreements
Service, supply, loan, lease and leave-and-licence agreements, settlement agreements and memoranda of understanding, drafted with clear obligations, timelines and means of resolving disputes.
- 02
Legal notices and replies
Demand notices, notices preceding a suit, and replies to notices received. Some notices carry strict time limits; in a cheque dishonour matter, for example, the written demand must be made within thirty days of receiving information from the bank that the cheque has been returned unpaid (Section 138 of the Negotiable Instruments Act, 1881).
- 03
Petitions and plaints
Plaints, written statements, petitions and applications for filing in court, with the supporting affidavits and annexures they require.
- 04
Wills
Wills that set out clearly who is to receive what, with the appointment of executors and attestation by at least two witnesses, as the Indian Succession Act, 1925 requires for most wills (wills made by Muslims are governed largely by personal law). Registration of a will is optional under the Registration Act, 1908, and we can advise on whether it is advisable.
- 05
Sale deeds and agreements to sell
An agreement to sell does not by itself transfer ownership; a sale of immovable property is completed by a registered sale deed. We review title papers before drafting and explain the stamp duty and registration that apply.
- 06
Partnership deeds
Capital, profit sharing, duties, admission and retirement of partners, and dissolution, together with advice on registration of the firm under the Indian Partnership Act, 1932.
- 07
Affidavits
Affidavits for court and administrative purposes, sworn before an oath commissioner or notary. Because a false statement on oath can carry criminal consequences, we take care that every statement is accurate and supportable.
The process
How a document takes shape.
- 01
Instructions
We discuss what the document must achieve, the parties involved, the terms agreed so far and any existing papers.
- 02
First draft
We prepare a draft with notes on the principal clauses and the choices they reflect, so that you can review it with understanding.
- 03
Review and revision
The draft is revised in light of your comments and, where we are instructed to do so, in discussion with the other party or their advocate.
- 04
Execution
We guide you through stamping, signing, attestation, notarisation or registration, as the document requires.
Areas of practice
- Business DisputesCommercial DisputesContract and recovery suits, pre-institution mediation, cheque dishonour, partnership and shareholder disputes, and insolvency-related proceedings, for proprietors, firms and companies.
- Real PropertyLand & Property DisputesTitle and possession, partition, mutation and revenue proceedings, sale deeds and registration, tenancy, RERA complaints and land acquisition compensation in Western U.P. and Delhi.
- Family LawMatrimonial & FamilyDivorce, maintenance, custody, protection from domestic violence and succession within families, handled discreetly and with settlement pursued wherever it is realistic.
- Suits & AppealsCivil LitigationSuits for recovery, injunction, declaration, specific performance and partition, taken through trial, appeal and execution before the civil courts.
Services
Other services.
- LitigationAdvocacyRepresentation in civil, criminal, matrimonial, commercial and property proceedings, conducted with careful preparation from the first notice to the final order.
- Legal ConsultationAdviceA focused session with an advocate of the firm, ordinarily about an hour, in person at one of our chambers. Fees are discussed and agreed before the appointment.
- Judgment ResearchPrecedentShare the facts and papers of your matter; advocates of the firm identify relevant judgments of the High Courts and the Supreme Court of India and set them out in a research note.
Begin with a conversation.
A consultation of about an hour with an advocate of the firm, to understand your position and the options open to you. Fees are discussed and agreed beforehand.