Legal document services cover the drafting and vetting of non-litigation documents such as agreements, deeds, wills and powers of attorney, and litigation documents such as legal notices, plaints, written statements, petitions, affidavits and appeals. A well-drafted document states the parties, the property or obligation, the terms and the remedy for breach, and it is stamped and registered as the law requires.
A document is the record of what the parties agreed. Errors in the description of the property, the names of the parties, the terms of payment or the stamp duty can lead to disputes, to penalty and in some cases to a document that cannot be used in court.
Documents are drafted from the facts and papers given by the client, checked against the law and explained to the client before signature.
Non-litigation documents
These are documents made to record a transaction or a right:
- Agreement for sale, sale deed, gift deed, release deed and rectification deed
- Leave and license agreement and lease deed
- Will, codicil and declaration of a trust
- General and special power of attorney
- Partnership deed, agreement of a limited liability partnership, memorandum of understanding and service agreements
- Affidavits, declarations, indemnity bonds and undertakings
- Documents of co-operative housing societies, such as resolutions and no-objection letters
Litigation documents
These are documents prepared for a dispute or a court:
- Legal notices and replies to notices
- Plaints, written statements and applications in civil suits
- Writ petitions, appeals, revision applications and special leave petitions
- Complaints, bail applications, quashing petitions and discharge applications
- Affidavits of evidence, affidavits of assets and settlement terms
- Execution applications
Stamp duty, registration and notarisation
The Maharashtra Stamp Act, 1958 decides the duty on each type of document, and an instrument that is not duly stamped may not be received in evidence until the duty and the penalty are paid. The Registration Act, 1908 lists the documents that must be registered. Some documents are notarised or attested. The document is drafted with these requirements in view, and the current duty is checked on the day of execution.
Review and vetting
A document prepared by another person, such as a builder's agreement, a developer's draft or a draft sent by the other party, can be read before it is signed. Points checked include the description of the property, payment and default clauses, termination, dispute resolution and the stamp duty.
Wills and succession documents
A will is drafted with the property, the beneficiaries and the executor set out clearly. A will does not have to be registered, but it can be, and it is signed in the presence of two witnesses as the Indian Succession Act, 1925 requires. Probate and letters of administration are applied for in court where they are needed.
How a matter is run
- Understand the transactionThe parties, the property or obligation and the aim of the document are understood.
- Collect the papersThe identity documents, title papers and earlier agreements are collected.
- Draft and explainThe draft is prepared and explained to the client, and changes are made.
- ExecutionThe document is stamped, signed, attested or notarised, and registered where the law requires.
Laws and forums
Laws that usually apply
- Indian Contract Act, 1872
- Transfer of Property Act, 1882
- Registration Act, 1908
- Maharashtra Stamp Act, 1958
- Indian Succession Act, 1925
- Powers of Attorney Act, 1882
- Code of Civil Procedure, 1908
- Bharatiya Nagarik Suraksha Sanhita, 2023
- Notaries Act, 1952
Courts and forums
- Sub-Registrar offices
- Courts and tribunals where the document is filed
- Notaries and the Stamp Duty office
Related guides
Frequently asked questions
What is the difference between litigation and non-litigation documents?
Litigation documents are prepared for a dispute, such as a legal notice, a plaint or a petition. Non-litigation documents record a transaction or a right and are not tied to a case, such as a sale deed, a will or a leave and license agreement.
Which documents must be registered?
Section 17 of the Registration Act, 1908 lists them. They include a sale or gift of immovable property, a lease for more than one year, and a document that creates or ends a right in immovable property of the value the Act sets. A will does not have to be registered.
What happens if a document is not stamped properly?
A document that is not duly stamped can be impounded and is not received in evidence until the deficit duty and the penalty are paid under the Maharashtra Stamp Act, 1958.
Can a draft prepared by the builder or the other party be checked?
Yes. A draft can be read and the points that need change are marked, such as the description of the property, the payment terms, the default and termination clauses, and the remedy for delay.
What is a power of attorney used for?
A power of attorney allows another person to act for the maker in the matters stated, such as to sign a document or appear before an authority. A power of attorney does not by itself transfer ownership of property.
Does a will have to be registered?
No. A will is valid if it is signed by the maker and attested by two witnesses as the Indian Succession Act, 1925 requires. It can be registered, and registration helps in proving it.
What is a legal notice?
A legal notice is a written communication that states a claim or a demand and asks for compliance within a stated time. For some claims, such as a cheque bounce under section 138, the notice is a legal requirement with a fixed time.
Related practice areas
General information only. This page is for information. It is not legal advice, an advertisement or a solicitation, and it makes no claim about results. The law changes, and the position in a case depends on its facts. A professional relationship begins only when the advocate agrees to act in a matter.