Documents are the record of assorted transactions; they contain sure terms, conditions, thought quantity, and names of the parties to the dealing, date of the dealing, clear and complete description of the topic of dealing, thus on build them simply known. For example; Sale Deed of a property contains the origin, flow of the title, gift standing, names of marketer and buyer, thought quantity, easementary right and temporary description of the property with construction and limits. They’re the permanent records that are relied on for generations. Such documents should be clear, readable, and freed from error and will not produce any doubts or disputes. They replicate the terms of dealing that each the parties have freely consented.
At times, some additions, alterations, cancellations are inevitable, that are noticed at the time of execution. Any such alterations, cancellations, additions ought to be done before presenting the document for registration. All such modifications ought to be attested by full signature of all the parties to the documents. But, signature of witness isn't necessary for such modifications. Solely full signatures and not initials or short signature ought to be insisted. For cancellations, the initial words ought to be showing neatness stricken off; it ought to be signed by parties to the document.
Erasing with fluid shouldn't 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 once the registration aren't valid and don't kind a part of the document. Moreover, the document itself becomes invalid. Copies of the registered documents are maintained at registering Offices and authorized copies issued by such Authorities additionally record on certified copies the amount of cancellations, additions and alterations done before registration. They are doing not contain something supplemental, deleted, changed once registration. So, correct care should be taken so all the modifications are done before registration below the complete signatures of all the parties to the transactions. If something should be modified once registration a separate Rectification Deed should be dead.
Filling up the blanks
Some documents could have blanks because the needed info are going to be out there solely at the time of execution. Typically date of execution is left blank, till the date is finalized. The small print of demand drafts, cheques like range, name of Bank, branches are all left blank. All such blanks ought to be crammed up before presenting the document for registration and will be attested by all the parties to the document or executor below full signature.
Attestation
Attestation means that witnessing the documents. Sure documents like can, Agreement to Sale, Sale Deed need attestation. Execution of the documents ought to be witnessed by 2 Persons, who are Major and of Sound mind. Each the witnesses ought to affix their full signature and will furnish their address. Attestation isn't necessary just in case of sure documents.
Thumb Impression
There are many folks who cannot sign. Thumb impression of such folks is taken for execution of documents rather than signature. Left hand Thumb impression (LTM) in case of males and right hand Thumb Impressions (RTM) in case of females ought to be obtained on documents for execution. Temporary description “LTM or RTM of Sri/Smt………………… “Has to be written at once below the thumb impression. Because the persons, who affix thumb impression are illiterate, who cannot browse or write, the whole contents of the documents ought to be browse over and explained to them and a separate note thereto result should be annexed to the document ideally signed by an Advocate.
Thus, the transfer or assignment of right, title and interest over the properly, no matter the character of transfer, entirely depends upon the Deed of Conveyance. Any ambiguity, inadvertent addition or deletion within the Deed could create to disputes. Therefore, to avoid any unsavory things care ought to be taken whereas drafting the property documents.
It is important that, the transferrer transfers possession of the property in favor of the Transferee. It’s not necessary that actual physical possession should be bimanual over to the Transferee, however even grant of ownership can transfer and make right and interest over the property in favor of the Transferee.
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