Document is defined as an official piece of writing which gives information, proof or evidence. Document can be created for borrowing money, determining the terms and conditions of contract, creating security, creating charge, to present in court as a piece of evidence and for counting limitation for particular claim. Document can be executed by an individual for himself, jointly, representing firm / company / trust / HUF etc.
SELECTION OF DOCUMENT
Document has to be selected as per purpose (e.g. loan, contract, security, charge etc.) and by whom it will be executed (e.g. individual, company, trust etc.).
STAMP DUTY AND REGISTRATION
The document requires stamp duty and registration, however some of the documents i.e. will / transaction below Rs. 100/- are exempted from registration. Documents if unstamped or under stamped are inadmissible in court of law. The unstamped or under stamped documents before submission into court the documents can be adjudicated and proper stamp duty can be paid by paying the penalty. There are two types of stamps i.e. judicial or non-judicial stamps. Documents relating to court are required to paid judicial stamp duty and all other are required to be paid non-judicial stamp duty.
EXECUTION OF DOCUMENTS
The documents are executed by signing all the parties to the documents. All the alterations, amendments, insertion, deletion must be authenticated under full signature of executant. If a illiterate person has executed the document in that case, the thumb impression can be affixed instead of signature. The declaration of third party has to annex witnessing the thumb impression. If the executant does not understand the language of the document then the separate declaration in the language of the executant can be attached stating that the contents of the documents were explained to him in his language and he has signed the document after having understood the same. If the document is executed by a company, partnership firm, trust, HUF etc. in that case authorisation by way of resolution have to be annexed to the document.
WITNESSING A DOCUMENT
Attestation of document by witness is also important. Document which requires witnessing, if not witness will not be considered as duly executed document.
From the above discussion it can be averred that, documentation is very important aspect of modern society. It determines the rights and liabilities of the parties to the documents. However, proper execution of the documents is very important in modern society.