The date of the execution of a deed is material for the purpose of limitation and registration of the document. If the date is accidently missing in the deed, how do you, as a company secretary, will deal with such a sit
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2019
The date of the execution of a deed is material for the purpose of limitation and registration of the document. If the date is accidently missing in the deed, how do you, as a company secretary, will deal with such a situation ? Refer the relevant law on the point.
Answer & Explanation:
The date on which the document is executed comes immediately after the description of the deed. For example, "This Deed of Mortgage made on the first day of January, 2019". It is the date of execution which is material in a document for the purpose of application of law of limitation, maturity of period, registration of the document and passing on the title to the property as described in the document. Thus, the "date" of the document is important. Date of execution of document is inscribed on the deed. The date is not strictly speaking an essential part of the deed. A deed is perfectly valid if it is undated or the date given is an impossible one, e.g. 30th day of February. If no date is given oral evidence will always be admissible to prove the date of execution only it leaves necessary to prove it. However, it is of great importance to know the date from which a particular deed operates. In India there is a short period of 4 months (Section 23 of Registration Act) for its registration from the date of execution within which a deed must be presented for registration. The date is important for application of law of limitation also. In view of the extreme importance of date of execution of deed it should be regarded as an essential requirement. The date of deed is the date on which parties sign or executing it. If several parties to a deed sign the deed on different dates, in such cases, the practice is to regard the last of such dates as the date of deed. In order to avoid mistake and risk of forgery, the date should be written in both words and figures.
Topics: Deeds and Documents
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