Documents are the record of assortedtransactions; 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.
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 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.
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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