Document preparation checks and cautions
Document writing is a professional job. So it is expected that the person who prepares the document shall act as a professional and delivers a good product to the user. You may be a buyer, lessee, mortgagee, member in a partition deed or a document writer or any other person connected with documentation – whatever relation you have with the document in question, you require to take the following precautions in document writing/document preparation. The following are certain precautions one must take while preparing a document.
Check the names and spelling of the parties:
Names of the parties are material part of the document. Therefore, the names of the parties shall be correctly recorded in the document. To ensure this, if the document is prepared in English language, verify the academic records/passport/aadhaar card etc to get correct spelling (names) of the parties including surname. In case a person name is recorded differently in different records, then mention the different versions of the name as alias. If a woman name in is recorded as daughter of a person in one link document and; subsequently in another document her name was recorded as wife of a person, then it is better to reconcile and record both the status to avoid confusion. Father/husband name shall be recorded correctly. Get full and accurate information from the parties.
Any small mistake in the names of the parties will result in execution of a rectification deed. This will put the parties in unnecessary troubles. The vendors may not be available in the station or whereabouts of them may not be known to the purchasers. The vendors may demand additional amounts or put many conditions to execute rectification deed in favour of the purchasers. Therefore, it is the duty of the person who prepares the document to take all the care and caution to record names of the all the parties correctly.
Age of the parties:
Record correct age of the parties by verifying records available. Don’t put approximate age by seeing the physical appearance of the persons. It is advisable to ascertain and record correct age of the parties.
Profession and addresses:
Profession of the parties, present and permanent addresses shall be recorded in the document without any mistakes.
Vague description of the parties will create confusion. Therefore, give full and comprehensive information of these important aspects. Take some time and verify twice or thrice and get it cross-checked by another person to ensure that there will not be any mistake in these aspects.
Link document numbers:
Record correctly the link document number, date of registration, Book Number/CD volume number, page number in book, Sub Registrar/Registrar Office name, and District name correctly. Many a time parties fail to record correct link document numbers and thereby forced to execute rectification deeds subsequently by the bankers and other interested parties. The names of the vendors and vendees of the link documents if recorded in the present document, then they shall be recorded as they exist in such previous documents without any variations.
Consideration:
Record details of consideration paid in numbers and words without any mistake. This is a material part of documentation; therefore, full care shall be taken to record the consideration without any mistake.
Cheque Number/DD Number etc:
If the amount is paid through a cheque or DD or Pay Order then the details such as the number, date of issue, bank and branch name and the amount shall be recorded without any mistakes. Check correctly these details. There is every possibility of committing mistakes in recording these details. Take expert’s advice in recording DD/pay order numbers.
Schedule of the property:
This is very important part of the document. This part describes the details of the property by mentioning in which village/city it is situated.
Agriculture property:
Village name, mandal name, district name, sub registrar office name, survey number(s), full extent of the survey number(s), the extent now being transacted under the document (survey number wise), all the four boundaries.
Open Plot:
Village name, mandal name, district name, sub registrar office name, survey number/town survey number, plot number, total extent of the plot, the extent now being transacted under the document if part of the plot is transacted, all the four boundaries.
House/commercial units:
Village name, mandal name, district name, sub registrar office name, survey number/town survey number, plot number, municipal/panchayat assessment number, door number new and old, extent of the land, plinth area of structures, all the four boundaries.
Flat in an apartment:
Village name, mandal name, district name, sub registrar office name, survey number/town survey number, plot number, total extent of the plot along with four boundaries for the entire piece of land on which the entire apartment structure is raised as Schedule 1. Flat number, plinth area (including common areas), all the four boundaries of the flat, car parking area and undivided share of land as Schedule 2.
Try to get full information of owners abutting the property and falling in the boundaries and record their names instead of mentioning them vaguely like ‘the neighbour’s property’. If there is a road in one of the boundaries, then mention its width also; if there is a name to the road them mention name of the road. If the full survey number (agricultural land) is transacted, there is no need to record the details boundaries. But if the parties interested then they may also be recorded.
Take abundant caution and care to record correctly these details. Check twice or thrice. Get it cross-checked by a person who got critical eye in catching the mistakes.
Attesting witnesses:
Attesting witnesses play a vital role in case of dispute regarding the document’s validity. Therefore, select reputed and persons having good conduct as attesting witnesses. Attesting witnesses are the persons who see the very signing (execution) of the document by the parties under the document. Their version regarding the execution of the document will be very important and crucial in case of any dispute regarding validity of the document in the court of law. As human beings are mortals, see that the young or middle-aged persons are secured as attesting witnesses to the document. As per Transfer of Property Act, the statutory requirement is two attesting witnesses; but if parties wish then more than two persons may be taken as attesting witnesses.
Not only the above, the parties shall take care of all the recordings in the document since it is a formal, legal, contract document. Give full, comprehensive and factual information in the document; ensuring that their interests are safeguarded. Instead of leaving it to the document writers / advocates alone, the parties shall also actively participate in preparation of document particularly in verification of the details word by word.