Advocates free to draft deeds, licence under Registration Act not needed: HC

The Punjab and Haryana High Court has ruled that advocates are not required to obtain licence from an authority designated under the Registration Act for drafting documents such as sale deeds, adoption deeds, wills and certificate of sales after charging fee.

“The Advocates Act does not require any advocate to -- for the purpose of drafting sale deeds, adoption deeds, wills and certificate of sales etc on charging a fee -- obtain any licence from the authority designated under the Registration Act,” Justice Kuldeep Tiwari ruled.

Quashing the administrative directions issued by Sonepat Joint Sub-Registrar and Tehsildar, Justice Tiwari further ruled: “The petitioners, who are advocates enrolled with the Bar Council of Punjab and Haryana, Chandigarh, and also are members of the District Bar Association, Sonepat, can well perform the work of deed writing on hire basis.”

The Bench also made it clear that requiring advocates to obtain a licence under Punjab Document Writers Licensing Rules, 1961, would “undermine the independence of advocates, whose act and conduct can only be governed by the Advocates Act.”

Justice Tiwari categorically ruled: “The petitioner/advocates are not required to be put under jurisdiction of any authority and they are not required to obtain any licence from the competent authority established under the Rules of 1961 to work as deed writers.”

The Bench added the petitioners/advocates also did not require any permission to sit/work in the compound of the revenue authorities. The directions came after the advocates challenged the Joint Sub-Registrar and Tehsildar’s order directing, among other things, that only deed writers with Collector’s permission were allowed to work on the tehsil premises. The administrative directions had also imposed restrictions on setting up stalls, requirement of permission letters and display of fee.

After hearing rival contentions and going through the documents, Justice Tiwari ruled: “The petitioners, who are advocates enrolled with the Bar Council of Punjab and Haryana, Chandigarh, and, also are members of the District Bar Association, Sonepat, can well perform the work of deed writing on hire basis…The directions encapsulated in the impugned administrative order do not pass the test of legality. Therefore, the impugned administrative order is set aside, being illegal”. Before parting with the order, Justice Tiwari directed that advocates already working as deed writers and having kiosks or tin sheds in Sonepat tehsil/revenue complex would be considered for allotment after the proposed 200 chambers for architects, draftsmen, deed writers, etc., were constructed in the Mini Secretariat.

Justice Tiwari further ordered that a list of eligible advocates would be prepared by the authority concerned. “The list shall be maintained by the office of Deputy Commissioner concerned and copy thereof shall also be maintained by the office of the District and Sessions Judge concerned and by the Chairman, Bar Council of Punjab and Haryana, Chandigarh,” the Bench directed.

To ensure transparency in the allotment process, the court ordered the constitution of a committee comprising the Deputy Commissioner, District and Sessions Judge, and an authorised representative of the Bar Council of Punjab and Haryana, apart from the Sub-Registrar concerned.