Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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mahesh (Advocate)     25 August 2008

Drafted By Me

hai all

 

i am facing new complication. i am from bangalore. as i had drafted a sale deed and i had affixed my signature at the end of the sale deed under the head "Drafted By Me" and now there is a litigation which has been filed wherein i am appearing for one of the defendant. just to disable my appearance the plaintiff advocate has filed an application summoning me as a witness.

 

please provide me the following clarifications

 

the exact meaning of DRAFTED BY ME

responsibility of the Scribe of the Sale Deed

is there any immunity under law that the advocate cannot be called as a witness restricting my right to practice. 



Learning

 10 Replies

GOPI KRISHNA (ADVOCATE)     25 August 2008

normally witness to the sale deed will will be called far evidence and not the scribe/the advocate who drafted the deed


 

Vijay Kumar (Advocate)     25 August 2008

1) Laymen do not know the technicalities of drafting, that is why they take help of a person proficient in writing the document; he could be either a licenced document writer or an Advocate( An Advocate is supposed to be proficient in drafting).


DRAFTED BY ME means that a qualified person is certifying that the document has been drafted correctly.


2)The scribe has no responsibility.


3) No immunity. You have to just make a statement.

Krishnan Venkatachalam (Legal professional)     25 August 2008

Dear Mr.Mahesh,


I am in agreement with our learned friends Mr.Gopikrishna & Mr.Vijaykumar. A scribe be it a document writer or an advocate who drafted the sale deed is normally not summoned as witness in a proceeding regarding the sale. Only the witness who has attested the sale deed physically during sale deed execution are bound to give witness.


In Tamilnadu even the Purchaser can draft the sale deed and sign under the wordings Draft prepared by.


 

aruntrivedi (lawyer)     25 August 2008

no scribe only drafted by me is statement the draft is made as per the requirement of property being sold/purchased in accordance with the requirements of vendor/purchaser and in their better interest. Normally it should not be, but when the court has summoned you cannot ignore. Simply just go and file your statement/deposition or else you can send written statement in lieu of oral by submission to the Hon'ble court for written examination-in-chief.

Vinay Chhikara (Legal Expert)     27 August 2008

mr. mahesh
there is no problem you move to the court and brief the thin

Vinay Chhikara (Legal Expert)     27 August 2008

mr. mahesh
there is no problem you move to the court and brief the things which are happenend on

Vinay Chhikara (Legal Expert)     27 August 2008

mr. mahesh
there is no problem you move to the court and brief the things which are happenend on that day

Vinay Chhikara (Legal Expert)     27 August 2008

so there is no problem to move to the court

mahesh (Advocate)     27 August 2008

 i am not able to get the correct answer


 


the actual facts are


In a Will I can understand that the person would explain the person who drafts as to what all he wants to do and get it done  in a Sale deed normally the Purchaser does not instruct  only the documents are handed over and safety measures of indemnifications, description of property, measurements, original docs, possession payment etc., are all generally or essentially covered and done apart from that a registered instrument does not require anything more

here the purpose of their summoning is that there is a Collusion between the Vendor and the purchaser  and they allege that by bye passing an earlier agreement the sale deed is done therefore the said Advocate is cited as witness  Once the witness application is accepted then the witness acting as an Advocate for the prospective purchaser would get disable thus they intend to disable the advocate  whether this is against the Constitutional rights of the Advocate.



The best part in this case is when the first witness list was filed after framing of issues  The plaintiff did not chose this person as a witness even though the doc sale deed existed even then, when after filing the witness list there was change of Counsel and they realised that it would be difficult for them to maneuver now after a lapse of nearly few months after entering appearance they have found this new trick

 


my request is for any authority on this point.


 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     31 December 2008


normally witness to the sale deed will will be called far evidence and not the scribe/the advocate who drafted the deed




 


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