Not signing in front of witnesses
Naresh Malhotra
(Querist) 28 October 2022
This query is : Resolved
Sir, I bought a plot jointly with my brother. There were mistakes in the sale deed for which we executed a rectification deed. The seller told me that I would have to prepare the draft . I got the draft typed one day before the date of execution. It was not sure which witnesses would come. On the day of execution the witnesses were finalized in the morning. But there was no space on the last page to type the details of the witnesses so the typist added another page and typed the details of the witnesses on that page. This page now became the last page. Nothing else was written on this last page, only names and addresses of the witnesses and their color photographs. The stamp duty was already paid by an estamp. The seller arrived late and sat in a room. The advocate getting the deed executed took the signatures and thumbs of me and my brother on the stamp papers and also the signatures of the witnesses. When I asked him to call the seller he told he would get it signed by the seller. The documents were then taken away and we waited for sometime and then called to appear for webcam and electronic finger print capture. The seller appeared for electronic finger print capture with us. I don't know when he signed the document. Next day when I got the document I found he had not signed on the last page containing only the details of the witnesses. When I contacted him he said since nothing was written on the page about him or anything else, only details of the witnesses was written, there was no need to sign. I called him many times but he did not come. Now the last page contains only the names and addresses of the witnesses, their color photographs and signatures and the signatures of the second party (me and my brother). The signatures of first party, the seller is missing. More than two months have passed and the deed has now been registered so nothing can be done. Is this deed ok. Would I have any legal problems later on. I might have problems selling the plot due to this so the seller may have given me financial loss on my property. Should I go for a cancellation deed. I have asked the seller about cancellation deed but he has refused saying the draft was mine so he was not responsible for that and I should have written something about him on that page for him to put his signatures there. Should I go to court. If yes, is there any possibility of getting relief. Can I get a cancellation deed on grounds that the seller has not signed in front of my witnesses thus violating the rules and that I might suffer financial loss/difficulty selling the property or any other issue. Also we are not sure whether the signatures and thumb impressions on the deed are those of the seller or somebody else since he did not sign in our presence. So, in future in the event of any dispute with someone my witnesses would not be able to say that the seller signed in their presence. They would only be able to say that he appeared for electronic finger print capture and webcam in their presence. Is there any other way (without going to court) to fill up the deficiency left in the deed due to absence of signatures of one party on the witnesses page.
kavksatyanarayana
(Expert) 28 October 2022
On the last of the sale deed, if no matter is written/typed, though the witness or parties of the document signed, it is not valid. And the Sub Registrar observes it he should not entertain such document to register. So show the document to a lawyer or the Sub Registrar concerned. Or send cams can copy to me.
Dr J C Vashista
(Expert) 29 October 2022
Too long story, be brief and specific to seek obligation of experts on this platform.
R.K Nanda
(Expert) 29 October 2022
query too long to reply.
Naresh Malhotra
(Querist) 29 October 2022
Sir, the last page is not completely blank. It contains the names and addresses of the witnesses. Also the sub registrar has accepted and registered it already.
kavksatyanarayana
(Expert) 29 October 2022
It was already registered by the Sub Registrar. Without thoroughly verifying the document, it is his grave irregularity. You need not bother.
Sri Vijayan.A
(Expert) 03 November 2022
The SR shall not register any document without the signatures of attesting witnesses.
You are giving misleading information.
Naresh Malhotra
(Querist) 13 November 2022
Sir, the signatures of the attesting witnesses are there but the signatures of the first party are absent on the last page. Also no matter of deed is written on the last page, only the page number and the details of the witnesses.
kavksatyanarayana
(Expert) 08 October 2023
On the last page of any document, the matter must be typed, all the necessary parties shall sign and then the witnesses and scribe shall sign. These are rules under the Registration Act (rules vary for each state). Before admission to registration of the document, the Sub Registrar shall verify the contents of the document but it was overlooked.
