Document preparation precautions in Telangana

You may be a buyer, lessee, mortgagee, member in a partition deed or a document writer or any other person connected with documentation and whatever relation you have with the document in question, you require to take the following precautions in document writing/document preparation.

Document Preparation Precautions in Telangana

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 a 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 the English language, verify the academic records/passport/Aadhaar card etc to get correct spelling (names) of the parties including surname. In case a person’s name is recorded differently in different records, then mention the different versions of the name as an alias. If a woman’s name is recorded as the daughter of a person in one link document and; subsequently in another document her name was recorded as the wife of a person, then it is better to reconcile and record both the status to avoid confusion. Fathusband’sband 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 the execution of a rectification deed. This will put the parties in unnecessary trouble. The vendors may not be available in the station or their whereabouts of them may not be known to the purchasers. The vendors may demand additional amounts or put many conditions to execute rectification deeds 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 the names of all the parties correctly. 

Age of the parties

Record the correct age of the parties by verifying the records available. Don't put approximate age by seeing the physical appearance of the person. It is advisable to ascertain and record the correct age of the parties.

Profession and addresses

The profession of the parties, present and permanent addresses shall be recorded in the document without any mistakes.

Note: Vague description of the parties will create confusion. Therefore, give full and comprehensive information on 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 the book, Sub Registrar/Registrar Office name, and District name correctly. Many a time parties fail to record correct link document numbers and are 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 advice in recording DD/pay order numbers.

Schedule of the property

This is a 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

The village name, Mandal name, district name, sub-registrar office name, survey number(s), the full extent of the survey number(s), the extent now being transacted under the document (survey number wise), all the four boundaries.

Open Plot

The village name, Mandal name, district name, sub-registrar office name, survey number/town survey number, plot number, the 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

The 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, the extent of the land, plinth area of structures, all the four boundaries.

Flat in an apartment

The village name, Mandal name, district name, sub-registrar office name, survey number/town survey number, plot number, the 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 the 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 are interested then they may also be recorded.

Note: Take abundant caution and care to record correctly these details. Check twice or thrice. Get it cross-checked by a person who got the critical eye in catching the mistakes.

Attesting witnesses

Attesting witnesses play a vital role in case of a dispute regarding the document's validity. Therefore, select reputed 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 the 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 the 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.

Note: Not only the above, but the parties shall also 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 the preparation of the document, particularly in the verification of the details word by word.