To all of you in today’s article “What is attestation under the Transfer of Property Act 1982?” I am going to tell about this in detail.
It is very necessary to attest the documents under the Transfer of Property Act 1982. That is, in relation to the attestation of written documents. Many types of questions will be arising in you regarding attested such as :-
- What is attestation / attested?
- What are the essential elements of attestation?
I am going to tell in detail the answers to many such questions.
What is attested / attested?
In the remarks part in the Interpretation Clause of section 3 of the Transfer of Property Act, 1882 attestation has been told about.
Attested, in relation to a written document, means that two or more such witnesses have attested and shall be deemed to have always been attested, each of whom has given the executor, the scribe, his sign or his mark. i.e. have seen stamping, or
executor i.e. in the presence of the scribe and by his direction has seen any other person sign the writing, or
has received from the executor his own acknowledgment of his own signature or sign or the signature of such other person and each of whom has signed the writing in the presence of the executor,
But it shall not be necessary that one or more of such witnesses must be present at the same time and there shall be no special form of attestation.
What are the essential elements of attestation, that is, how does attestation happen?
In the comment section of Section 3 of the Transfer of Property Act 1882, you will get to see the essential elements of attestation,
1. The signature of two or more witnesses on the document is necessary in the presence of the executor (writer),
2. Before signing any one of the following conditions must be complied with,
- Every witness has seen the transferor or executor sign,
- Signed by any other person in the presence and under his direction of the transferor or executor,
- has obtained the signature or thumb or self acknowledgment of the sign of the transferor or executor,
3. The presence of every witness is not necessary at the same time at the time of attestation,
4. No special form of attestation is required.
Attestation :- In relation to the proof of the statement of any written document, to certify by two or more witnesses that by whom the written statement was written in it and whose signature and mark are thereon.