The documents are records of various transactions; it
contain certain terms, conditions, consideration amount, names of the parties
to the transactions, date of the transaction, the clear and complete description
of subject of transaction, so that it can be easily identified. For example
sale deed of a property contains the origin, flow of the title, and present
status the names of seller and purchaser, consideration amount, easement, and
brief description of the property with measurements, constructions, boundaries.
They are permanent records, which are relied on for generations. Such documents
must be legible clear, readable free of errors and should not create any
doubts; disputes. They reflect the terms of transaction for which both the
parties have freely consented.
It is always advisable to prepare draft copies of the
documents for verification by both the parties, in case of agreements and
understandings. However the sale deed
should be in favour of purchaser. Hence
the vendor receives the consideration.He has to safe guard the purchaser in trust on the property to be
purchased. Any additions, deletions, alterations in the draft copies should be
discussed by both the parties and another draft copy as agreed by both the
parties.
This second draft copy has to be vetted by legal
advisers to ensure that it complies with legal, statutory requirements, there
after only final deeds have to be prepared. As for as possible, additions,
alterations, cancellations should be avoided.
Additions, Cancellations:
But at times, some additions, alterations,
cancellations are inevitable, which are discovered at the time of executions.Any
such alterations, cancellations, additions have to be done before presenting
the document for registration. All such modifications should be authenticated
by full signature of all the parties to the documents.But signature of witnessis not necessary for such modifications. Only full signatures and not initials
or short signature should be insisted. For cancellations, the original words
should be neatly struck off it should be signed by parties to the
document.Erasing fluid should not be
used. Registering authority records such additions, alterations, cancellations
page wise on the document itself.This validates the additions, alterations,
cancellation etc. Any modifications done
after registration is not valid and does not form a part of the document.
More
over document itself becomes invalid.The copies of the registered documents
are maintained at registering offices and certified copies issued by such
authorities also record on certified copies the number of cancellations,
additions and alterations done before registration.They do not contain
anything added deleted, modified after registration.So proper care should be
taken so that all modifications are done before registration under the full
signatures of all the parties to the transactions. If anything has to be
changed after registration a separate rectification deed has to be executed.
Filling up blanks :
Some documents may have blanks as the required
information will be available only at the time of execution.Often date of executions is left blank, until
the date is finalised.The details of demand drafts, cheques like number, name of Bank, Branch are also left blank.All such blanks have to be filled
up before presenting the document for registration; and should be authenticated
by all the parties to the document or executor by full signatures.
Attestation:
Attestation means, witnessing the
documents.Certain documents like will,
agreements to sale, sale deed require attestation.The execution of the documents should be
witnessed by two persons, who are majors, and of sound mind. Both the witnesses should affix their full signatures and should furnish their addresses.
The attestation is not necessary in case of certaindocuments.
Thumb Impression:
There are many people who cannot sign. The thumb
impressions of such people are taken for execution of documents instead of
signatures left hand thumb impressions (LTM) in case of males and Right Thumb
Impressions (RTM) in case of females have to be obtained on documents for
execution. The brief description “LTM or RTM of ---------------- has to be
written immediately below the thumb impression. As the persons who affix thumb
impressions are illiterate, who cannot read or write, the entire contents of
the documents should be read over and explained to them and a separate note to
that effect has to be annexed to the document preferably signed by an advocate.
For more details,
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