Documents are the record of various transactions; they contain certain terms, conditions,
consideration amount, names of the parties to the transaction, date of the
transaction,clear and complete description of the subject of transaction, so
as to make them easily identified. For example; Sale Deed of a property
contains the origin, flow of the title, present status, names of Seller and Purchaser,
consideration amount, easementary right and brief description of the property with measurement, construction and boundaries. They are the permanent
records, which are relied on for generations. Such documents must be legible,
clear, readable, free of error and should not create any doubts or disputes.
They reflect the terms of transaction for which both the parties have freely
consented.
At
times, some additions, alterations, cancellations are inevitable, which are
noticed at the time of execution. 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 witness is 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 with 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 the registration are not valid
and do not form a part of the document. Moreover, the document itself becomes
invalid. 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 the 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 the blanks
Some
documents may have blanks as the required information will be available only at
the time of execution. Often date of execution is left blank, until the date is
finalised. The details of demand drafts, cheques like number, name of Bank,
branches are all 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 under full signature.
Attestation
Attestation
means witnessing the documents. Certain documents like Will, Agreement to Sale,
Sale Deed require attestation. Execution of the documents should be witnessed
by two Persons, who are Major and of Sound mind. Both the witnesses should
affix their full signature and should furnish their address. Attestation is not
necessary in case of certain documents.
Thumb
Impression
There
are many people who cannot sign. Thumb impression of such people is taken for
execution of documents instead of signature. Left hand thumb impression (LTM)
in case of males and Right hand Thumb Impressions (RTM) in case of females have
to be obtained on documents for execution. Brief description “LTM or RTM of Sri/Smt…………………“ has
to be written immediately below the thumb impression. As the persons, who affix
thumb impression 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.
Thus,
the transfer or assignment of right, title and interest over the properly,
irrespective of the nature of transfer, entirely depends upon the Deed of Conveyance.
Any ambiguity, inadvertent addition or deletion in the Deed may give rise to
disputes. Therefore, to avoid any unsavoury situations care should be taken
while drafting the property documents.
Possession
of property
It
is very important that, the Transferor transfers possession of the property in
favour of the Transferee. It is not necessary that actual physical possession
has to be handed over to the Transferee, but even grant of constructive
possession will transfer and create right and interest over the property in
favour of the Transferee.
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