Section 28: Requirements to be fulfilled in preparing deeds

1) A person shall so prepare a deed clearly setting out the matter on which it is to be prepared, which may be printed, typed or handwritten, that it does not contain any error or overwriting, and the executor concerned with that deed shall affix signature or thumb impression on it.

Explanation: For the purposes of this Chapter, –

(a) The term “deed” means any of the following deeds:

(1) A deed of any kind of general transaction carried on household, transfer, mortgage or pledge of a property,

(2) A deed of adoption,

(3) A contract,

(4) A deed of authorization, power of attorney, deed of consent or other papers of similar nature,

(5) Any deed to be submitted to a government office or body corporate,

(6) Any kind of deed, including a plaint, statement of defense, memorandum of appeal, petition and application, to be submitted to the court,

(7) Any deed to be issued by a government office or body corporate,

(8) Any other deed whether or not creating a legal right or obligation.

(b) The term “executor” means a person who, by the contents of a deed, has responsibility to affix signature or thumb impression on the deed.

(c) The term “government office” means a court, office of the Government of Nepal or Provincial Government or constitutional body, and also includes any office receiving budget or grant from, or having involvement of, the Government of Nepal or Provincial Government or Local Level office.

(d) The term “body corporate” means a body which is fully or partly owned by the Government of Nepal or Provincial Government, a body established by law, company or trust, and also includes a university, college or school.

2) If any error is made or contents happen to differ for any reason, in preparing a deed referred to in sub-section (1), and the deed, therefore, requires correction, such correction shall be made by so crossing out the sentence, word, figure or letter that has to be corrected that such sentence, word, figure or letter seems to have been otherwise and writing such sentence, word, figure or letter as should have been mentioned immediately over or under the cross out, and the concerned executor shall affix signature or thumb impression on each place where such cross-out or correction is made.

3) Notwithstanding anything contained in sub-section (2), if any deed cannot be corrected by way of crossing out or despite that such correction can be made, the corrected content would create confusion or doubt or it is a deed required to be authenticated pursuant to law, another separate deed shall be prepared instead of such a deed.

4) In setting down any amount in a deed referred to in sub section (1), the amount shall be set down both in figures and words.

5) If, in setting down any amount pursuant to sub-section (4), there is a difference between the figures and the words, the contents set down in the words shall be valid.