Merely because one of pages is signed with different ink would not affect validity of sale deed
further extra signature on back side is immaterial
Different pen used during registry signing and one additional signature on the back side
So I got my registry done recently, the bank loan people give the cheque number after checking the original papers of the seller at the time of the registry. Which resulted in that page printing later, and me(buyer) signing one of the papers in the middle ( page 3 ) with different pen than the rest of the papers. Is that fine or not ? My major concern is, will it look fraud that one of the middle papers that are supposed to be sign in single flow is signed in a different ink. Also, I signed one extra signature on the back side where witness signatures are taken on the copy that is given to sub registrar. Is that fine or not ?
Asked 4 years ago in Property Law
Religion: Hindu
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14 Answers
If you are not disputing your own signature then there will not be any problem in this regard.
Signing in differnt ink is common especially when the ink of one pen is drained out then it is natural that another pen will be chosen for continuing the signature process
The extra sign is done to correct any alterations. Generally different ink is not used but as it's a registered document I don't think any issues may crop
Dear Client,
It's Moderately fine. The colour of the ink of the pen doesn't matter. The signature matters which is believed to be genuine.
Thank you
Okay I was just concerned that if I sell this property 10 years later somebody will consider this as fraud or try to force me to sell at lower than market rate by creating this as an issue OR invalidate this sales deed completely. What is the responsibility of sub registrar in this , as in once the sub registrar stamps it, it is considered to be completely valid or what ? @AnikMiu by moderately fine , do you mean it’s not nice or great but not illegal ?
Asked 4 years ago
Your concerns are misplaced .it would not create problems in sale of property
once sale deed is registered there is presumption as to genuine ness of the registered document
We submit two sets of documents to Sub Registrar. One original is given to you after registration and another copy is kept in record. In your case, have to signed the page 3 in both the copies with same pen. If yes, there is no confusion. Even otherwise, once it is stamped by the sub registrar office and the contents of both the copies are same and there is no tempering on page 3, the signature on page number 3 with different ink does not create any problem. Here, the question is in which ink seller has signed. If the seller has signed on all the pages with one ink, you can sign on the page again now with the required ink. In that case there would be two signatures; one in different ink one in original ink. However, your signature on different ink does not create any problem.
- It is not mandatory that the same ink should be used for executing a deed
- Further, as this document is properly registered before the registrar , then only a different ink was used for signing a page , not make this deed invalid.
- Further, the registrar cannot deny for the approval of the signed made on the pages of the deed , and hence this sale deed is absolutely valid , and even a court cannot decarded this deed as invalid on this minor ground.
Nobody can dispute this insignificant issue because on the face it clearly depicts that a different pen was used by the same person to sign on different papers. Your fears are imaginary.
Once the sub registrar has accepted the signature and the document, it clearly implies that the papers submitted are proper and correct hence the recognition by the sub registrar would define the validity of the deed.
You don't have to worry as it's registered nothing serious
Dear Client,
You don't have to worry you can easily sell that property after 10 years without a problem.
Thank you
Just one last follow up question, to be clear on the facts buyer 1 -> Signed on all page with pen 2 and one page with pen 1 buyer 2 -> Signed on all page with pen 1 seller -> Signed on all page pen 1 Is that 100% fine, can I file a rectification deed to get this fixed for my peace of mind ?
Asked 4 years ago
The proposed rectification deed will not be entertained by the sub registrar because actually there is no error that needs to be rectified.
This would be considered as legal infirmity and your sale deed document would be suspected if you plan anything like this
Better curb your such imaginary concepts.
It's fine
Rectification deed is a document executed between parties to correct a mistake in the principal deed. There must have been a bonafide mistake where the original deed does not reflect the true intention of parties to the deed. ... The parties need to reduce the correction into a duly executed document.
no deed of rectification can be executed in present case as there is no mistake in sale deed
- No need to file a rectification deed , as there is no error in the deed , and more than one pen can be used for signing the deed.