I got a flat registered in my and my wife's name recently. During the registration, we had to change the 1st page, as the date of agreement mentioned over there was incorrect. I and my wife had signed on all the pages (at the bottom of each page) . The builder had also signed on all the pages (at the bottom) . But because, the 1st page had incorrect date of agreement, it was changed, and we signed it at the registrar office. But the builder could not sign there. (this is the page where we put the agreement date, name of builder, our name, pan card number etc). Though he has given his thumb impression and signature with photo on the last page of agreement. The legal team in their office say, that signature on each page is not necessary and is mandatory only on the last page. Is this correct? Can we skip one or two signatures at the bottom of few pages? As per them the signature cannot be done now as it has been registered and scanned in government records. Please advise.
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1) once sale deed has been duly stamped and registered and scanned in govt records no further signatures can be made on the deed
2) it is mandatory that builder sign on last page of sale deed in presence of witnesses and his photo taken digitally
3) it is advisable that signature of builder be made on each page of the sale deed
Thank you Mr. Sethi, earlier the builder had signed the 1st page, but due to the change in the date, the page had to be printed again, and the builder was not available that day, 1. Do you think that because of this missing signature on 1st page, the document is incomplete and void (even after his signature and thumb impressions on the last page)? 2. Will this be a matter of concern while selling the property in future? 3. Since the registrar office has registered it and scanned it without his signature on 1st page, does that mean that they do not find it of any concern and have taken it as a valid document?
1) the sale deed is not void merely because signature of builder is missing on first page
2) it should not be of concern while selling the property
3) registrar office has accepted validity of sale deed
Thanks a lot for your prompt response. Really appreciate it. One last query, by signing along with thumb impression, does ot mean that all the parties agree to the facts mentioned in the agreement? If that is the case, then if someone does not sign on any of the page and only signs on the last page, does that also make it a valid document?
1)by affixing signature along with thumb impression in presence of witnesses it implies that all parties agree to clauses mentioned in sale deed
2) as mentioned earlier it is advisable to sign on bottom of each page
Don't worry, due to missing of signature on any particular page does not make the deed invalid if the registration was done otherwise in full compliance of all formalities.
Remove your unfounded concern and enjoy the property.
Even though the signature of the builder is missing on the first page it does not make your agreement invalid.
You can ask the builder to register the rectification deed stating signature is missing in the first page of the agreement - if required.
Seller's signature on the last page of the agreement is enough unless he is disputing it before the court of Law in your case the builder is admitting the execution of the agreement.
You have clear and valid document, you need not to wary.
1. The signature on the last page alone is insufficient, albeit as a matter of prudence the signatures are done on every page.
2. They are right in saying that once the sale deed has been executed the page cannot be signed.
3. The title is perfect even if the builder could not sign on the first page.
1. The absence of signature on the first page is of no legal consequence.
2. If the signature on the first page was mandatory the registrar would not have registered an incomplete document in the first place.
1. All the pages of a deed are signed by all the parties to authenticate that all the signatories agree to what have been mentioned in those pages and that no body can deny having agreed to any term or point mentioned in those pages at a later date claiming that he/she has not signed that page and has not agreed to the said term/point mentioned therein.
2. It is a fact that signature of a party can not be appended afresh after registration is over.
3. However, the deed has been scanned and kept in the records of the Registrar but you do not know which page has been kept or managed to be kept in the said records.
4. Get a certified copy of the said sale deed from the office of the registrar without letting your builder to know about it and get it cross checked with the original of the said deed and if there is no difference, then you need not worry at all.
1. The said deed is not void.
2. It should not be a matter of concern while selling the property if the buyer make search from the Registrar's office and collects the certified copy of the deed to cross check with the original.
3. The Registrar's office has over looked the deficiency while scanning the deed and had they detected it, they would have certainly insisted for the signature missing. The reason why signatures on all the pages should be taken has already been explained in my earlier post.
1. In the stated situation, there can be chances of litigation and denial of having agreed to the terms and/or points mentioned in the said unsigned pages.
2. There can also be chances of cheating as the pages with agreed terms can tactfully be replaced with other pages with unacceptable terms.
3. It is hardly possible that a Deed will be registered when none of the pages are counter signed by all the parties accepting the last page.
4. In your case, it appears that there has been a mistake and it escaped the attention of the Registration officials. However, collect the certified copy of the deed and cross check it to be confirmed that the scanned copy does not show some other page with different terms/points than what you are holding as original.
Thanks for the response, the 1st page had basic information like name of the parties, pan number etc.. Nothing important in my opinion, i don't know if this is a grave error from our side. I don't know... Should i be really worried? Does this happen with others as well? Please help.
1. Collect the certified copy of the said registered deed first.
2. It will hardly take 3/4 days and cost you around Rs.1 K.
3. If all the information provided in the said page of the certified copy of the deed matches with the original deed kept with you, you need not worry at all.
4. If the information mentioned therein varies with the original then you should register a rectification deed for rectifying the said mistakes.
So if the certified copy matches with the original one, even though both of them have sign of the builder missing on the 1st page, is still valid? Or should i really make the effort to ask for a rectification deed?
You don’t need to worry
Sale deed is valid and binding on the parties
Deed of rectification is not necessary
Sale deed is valid
It should not have happened, but does happen. You have no cause to worry though as the omission on the first page does not have any bearing on your title.
A rectification deed is executed only if there is an error that may have crept into the original deed. In your case there is none.
You deed is absolutely a valid one no need to wary.
You can go for rectification deed only if it is required for formalities.
This kind of errors do happen but very rarely and it is a valid document as well.
1. If the certified copy matches with the original then it is established that the Original of the deed which you are holding has been registered with the missing signature on the same page.
2. In that event there is no need for seeking registration of rectification deed since there is virtually no rectification in the content of the page accepting the signature.
3. If there is a difference then you shall have to go for rectification deed.
The signature of parties in pages of the registered document is mandatory.
The staff in the builder's office are not aware of the correct legal procedures.
Since this is just a sale agreement, you may be careful while the sale deed is being executed and registered.
1. The document cannot be held as void, the builder can put his signature even now on the first page.
2. You may be careful about this when the registered sale deed is executed.
3. It might have went unnoticed.
The signature missing on any one page may not render the whole document invalid.
It is a minor which may either be ignored or rectified.
Your worries are unnecessary.
This is an error by oversight which can be either ignored or rectified.
This is not unusual but reflection of casual attitude of parties concerned.
Since you are more concerned about this missing signature, it is suggested that you better have it rectified by executing a registered ratification deed.