Drafting, Pleading & Conveyancing (Clinic-I)

Maharashtra National Law University, Aurangabad · LL.B. Semester 10

Unit I — General Principles Relating to Conveyance

Object of Conveyancing, essentials of drafting, The drafting process: Know the laws, Know the transaction, Scheme of the draft, Ascertain facts, Language, Style, Form, Need for precision and clarity, Use of precedents, Contents of a draft conveyance: Commencement, Parties, Recitals, Parcels, Operative part, Arrangement of obligations, Signatures, Attestation, Formalities: Writing, Attestation, Notarization, Registration Investigation of title, Chain of title, Public notices and their purpose, search and title

Unit II — Transfer Deeds

Agreement to sell immovable property, Sale deed of immovable property, Lease deed of immovable property, Simple mortgage of immovable property, Gift of immovable, property Will and Codicil.

Unit III — Contracts

Partition deed between members of a joint Hindu family, Partnership deed, Indemnity bond, Leave and license agreement, Real estate Contract-Development agreement, joint Development, Joint venture, limited liability formation and partnership agreement · Corporate Practices and Drafting: Memorandum of Association, Articles of Association, Non- disclosure agreement between parties, Agreement to transfer shares of a private limited company, IPR Agreements.

Unit IV — Notices and Other Documents

I. Documents, Affidavit, Public notice inviting objections to a transaction of immovable property, General power of attorney, Special power of attorney · II. Notices, Show Cause Notice, under section 138 of the Negotiable Instruments Act, 1882, Reply to notice under section 138 of the Negotiable Instruments Act, 1882, Notice under section 80 of the Civil Procedure Code, Notice for Divorce.

Unit V — General Principles Relating to Pleadings

Meaning and purpose of pleadings, Importance of pleadings in the administration of justice Rules of pleadings, Types of pleadings, Orders VI to VIII of Civil Procedure Code 1908, Relationship between pleadings and evidence, The pleading process: Know relevant substantive laws, Identify provisions applicable, Understand essential elements of provisions, Know · presumptions, Ascertain facts, Select facts, Language, Style, Form, Need for precision and clarity, Use of precedents.

Unit VI — Plaints and Written Statement

Suit for declaration of share and partition of property of a joint Hindu family, Suit for specific performance, Application for probate, Petition for divorce by mutual consent, Petition for divorce alleging grounds of divorce Caveat application · Written statement in – suit for declaration of share and partition of property of a joint Hindu family, suit for specific performance, Reply -To an application for probate contesting the will, - To an application for succession certificate giving consent to grant of succession certificate, Contesting a petition for divorce, To a petition for restitution of conjugal rights.

Unit VII — Pleadings in Criminal Proceedings

Application for bail, Application for anticipatory bail, Complaint under Section 12 of Consumer Protection Act, 1986, Contempt Petition under Section 11 and 12 of the Contempt of Courts Act, 1971, Criminal complaint alleging defamation, or affray and simple hurt, Application for compounding an offence of defamation or an offence under 498A of IPC, Application by a wife for maintenance for herself and her children.

Unit VIII — Appeals, Petitions and Other Proceedings

Writ Petition under Article 226 of the Constitution of India, Miscellaneous application in High Courts, Criminal and Civil Appeals in High Court – Appeal Against Conviction and Appeal against Acquittal, First Appeal and Second Appeal (Civil), Revision Petitions In High Court and Supreme court, Public Interest Litigation, Special Leave Petition under Article 136 of the Constitution of India, Appeal from a judgment refusing to grant divorce, Applications Under RDDBFI Act and SARFAESI Act