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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.
It is always advisable to prepare draft
copies of the document for verification by both the parties in case of
agreements and understanding. However,
the sale deed should be in favour of purchaser since the vendor receives the
consideration. He has to safe guard the
purchaser’s interest in 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 is to be prepared.
The second draft copy has to be vetted by
legal advisers to ensure that it complies with legal, statutory requirements.
Thereafter only the final deeds are to be prepared. As far as possible,
additions, alterations, cancellations should be avoided.
Additions and Cancellations
But at times, some additions, alterations,
cancellations are inevitable which are discovered at the time of execution. All
such alterations, cancellations, additions are to be done before presenting the
document for registration. All such modifications should be authenticated by
full signature of all the parties to the document. But signature of witness is
not necessary for such modifications. Only full signature and not initials or
short signature should be affixed. For cancellation, the original words should
be neatly struck off. It should be signed by the 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 modification done after registration is not valid and
does not form part of the document. More over 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 modifications are done
before registration and full signature of all the parties are obtained to the
transaction. 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 execution is left blank, until the date is finalised. Details of the 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 with 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 are 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 ———————— 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.
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