ASSIGNMENT 2
OF
PROPERTY LAW
TOPIC: ATTESTATION
Submitted to: Submitted by:
Mohd Asif belal Shabir
Assistant Prof BA,LLB(8th sem)
Glocal university GU16R0026.
Saharanpur
ATTESTATION
Attestation has been defined in Section 3 of Transfer of Property Act as under:—”attested”, in
relation to an instrument, means and shall be deemed always to have meant attested by two
or more witnesses each of whom has seen the executant sign or affix his mark to the
instrument, or has seen some other person’s sign the instrument in the presence and by the
direction of the executant a personal acknowledgment of his signature or mark, or of the
signature of such other person, and each of whom has signed the instrument in the presence of
the executant, but it shall not be necessary that more that one of such witnesses shall have
been present at the same time, and no particular form of attestation shall be necessary.
To ‘attest’ means to sign and witness any fact of execution by the executant. It means that a
person has signed the document by way of testimony of the fact that he saw it executed.
Following are the essential requisites of a valid attestation-
There must be two or more attesting witness.
Each witness must see—
(a) the executant sign or affix his mark (thumb impression) to the instrument;
(b) or, see some other person sign the instrument in the presence, and by the direction, of the
executant;
(c) or, receive from the executant a personal acknowledgment of his signature or mark or of
the signature of such other person.
Each witness must sign the instrument in the presence of executant.
Each witness must sign only after the executant is complete.
It is not necessary that more than one of such witnesses should be present at the same time.
No particular form of attestation is necessary.
Attestor Should be sui generis, i.e., capable of entering into contract.
The witness should have put his signature animo attestandi (intention to attest).
A. person who is a party to transfer cannot attest it as a witness. The object of attestation is to
protect the executant form being required to execute a document by other party thereto by
force, fraud, or undue influence, a party to the transaction cannot laid down in Kumar Harish
Chandra v Banshidhar Mahanty, Effect of invalid attestation it makes the deed of transfer of
property involved, and therefore no property invalid and therefore no property passes under it.
The document cannot be enforced in the court of law.1
1
AIR 1965 SC 1738
