LEGAL DOCUMENTS: AN OVERVIEW

LEGAL DRAFTING I0I

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 LEGAL DOCUMENT

A document is something that furnishes evidence and

shall also include 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.

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 LEGAL DOCUMENT
“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.
- Section 3 (18), General Clauses Act, 1897 [India]

“Document” includes summons, notice, requisition, order, other

legal process and registers, whether issued, sent or kept in
pursuance of this or any other Act or otherwise.
- Section 2 (15), Companies Act, 1956 [India]
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 LEGAL DOCUMENT

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 that matter.
- Section 3, The Indian Evidence Act, 1872

“Document” means a document which is legally enforceable.

- Section 50, Registration Act, 1908 [India]
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 VARIOUS LEGAL DOCUMENTS

1. ARTICLES OF ASSOCIATION –
A legal document that creates a corporation; it is filed with a
state by the founders of a corporation and is governed by the
laws of the state

2. DERIVATIVE INSTRUMENT –
A financial instrument whose value is based on another
security

3. NEGOTIABLE INSTRUMENT –
An unconditional order or promise to pay an amount of money

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 VARIOUS LEGAL DOCUMENTS

4. DEBENTURE–
A certificate or voucher acknowledging a debt

5. POWER OF ATTORNEY –
A legal instrument authorizing someone to act as the grantor's
agent
6. LETTERS OF ADMINISTRATION–
Legal document naming someone to administer an estate when
no executor has been named
7. LEGAL BRIEF–
A document stating the facts and points of law of a client's
case
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 VARIOUS LEGAL DOCUMENTS

8. TESTAMENT, WILL–
A legal document declaring a person's wishes regarding the
disposal of their property when they die
9. DEED OF CONVEYANCE, TITLE DEED –
A legal document signed and sealed and delivered to effect a
transfer of property and to show the legal right to possess it;
"he signed the deed"; "he kept the title to his car in the glove
compartment"
10. DEED OF TRUST, TRUST DEED–
A written instrument legally conveying property to a trustee
often used to secure an obligation such as a mortgage or
promissory note
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 VARIOUS LEGAL DOCUMENTS
11. WRIT–
A legal document issued by a Court of Law.
12. AFFIDAVIT –
Written declaration made under oath; a written statement
sworn to be true before someone legally authorized to
administer an oath
13. WRITTEN AGREEMENT–
A legal document summarizing the agreement between parties

14. SECURITY CERTIFICATE–

A formal declaration that documents a fact of relevance to
finance and investment; the holder has a right to receive
interest or dividends; "he held several valuable securities"
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 DOCUMENTS PREPARED UNDER
VARIOUS LAWS
1. INDIAN CONTRACT ACT–
Agreements, MOUs, guarantees, indemnities, power of
attorneys and all other documents not specifically covered
elsewhere.
2. COMPANIES ACT–
Memorandum and Articles of Association, resolutions, minutes,
proceedings relating to takeovers, mergers, scheme of
amalgamation, demergers and connected documentation,
Prospectus.
3. PARTNERSHIP ACT–
Partnership deeds, reconstitution, resolution, retirement of
partners
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 DOCUMENTS PREPARED UNDER
VARIOUS LAWS
4. TRANSFER OF PROPERTY ACT–
Sale deeds, lease deeds, gift deeds, exchange of property,
mortgage, documents, agreement for sale, construction and
development agreements, release deeds.
5. BANKING RELATED DOCUMENTATION–
Sanction letters, board resolutions, hypothecation and
mortgage documents, consortium documents.
6. ARBITRATION LAWS–
Arbitration agreement, international arbitration agreements,
notices for arbitration, submissions before arbitrators,
proceedings for challenge to arbitration award, etc.
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 DOCUMENTS PREPARED UNDER
VARIOUS LAWS

7. TESTAMENTARY LAWS–
Will, codicil, cancellation of will, family settlement, creation of
trust, family partition, marriage and divorce, intervous and
testamentary succession, adoption deed
8. OTHER MISCELLANEOUS DOCUMENTS–
Formation of societies, NGOs, S. 25 companies, financial
collaborations, joint ventures, bonds, agency, consultancy,
supply.
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