attestation

Under s.3 TPA, an instrument is “attested” when two or more witnesses have each seen the executant sign or affix his mark, or received his personal acknowledgement of it, and each has signed the instrument in the executant's presence. No particular form is needed and the witnesses need not sign at the same time.

Attestation is required by law for mortgages (s.59 TPA), gifts of immovable property (s.123 TPA) and wills (s.63 Indian Succession Act). A document required by law to be attested cannot be used as evidence until at least one attesting witness is called to prove its execution, if one is alive and available. Attestation differs from registration and from notarisation.

Example

The will was invalid for want of attestation, because only one witness had signed, while s.63 of the Succession Act requires two.

In Indian law

• Section 3, Transfer of Property Act, 1882 (meaning of attested)
• Section 63(c), Indian Succession Act, 1925 (attestation of wills)
• Section 67, Bharatiya Sakshya Adhiniyam, 2023 (old s.68 Evidence Act): proof of document required to be attested

See also

execution of deed · will · deed · registration

Read more in the study notes

• Arrest: concept, procedure, safeguards, proclamation and handcuffing (Bharatiya Nagarik Suraksha Sanhita)
• Processes to compel appearance and production of things (Bharatiya Nagarik Suraksha Sanhita)
• Proof of documents, public and private documents, presumptions as to documents, and exclusion of oral by documentary evidence (sections 64 to 103) (Bharatiya Sakshya Adhiniyam)
• Competency of witnesses and the child witness (Bharatiya Sakshya Adhiniyam)
• Public speaking, body language in presentation, influencing and conveyancing (Business Communications)
• Agreement and contract: meaning, essentials and kinds (Contract I)