Realty bites by S. Selvakumar

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 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 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 certain documents.

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.

The author is an advocate who specializes in property laws. He can be reached on Ph: 25526644 / 45.

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