execution of deed

To “execute” a deed is to sign it, or put a mark on it, so that it takes effect as one's act. The executant is the person who signs; the claimant under it is the beneficiary. Some documents also need attestation: a mortgage and a gift of immovable property must be attested by at least two witnesses (ss.59 and 123, Transfer of Property Act, 1882), as must a will (s.63, Indian Succession Act, 1925).

Execution is different from registration. A registrable document must be presented within four months of execution (s.23, Registration Act, 1908), and the Sub-Registrar must inquire whether the executant admits execution (s.35). When execution is denied, it must be proved, and an attested document needs at least one attesting witness to be called.

Example

The Sub-Registrar refused registration because the executant denied execution of the deed, so the claimant had to seek an order under the Registration Act.

In Indian law

• Sections 23 and 35, Registration Act, 1908
• Sections 59 and 123, Transfer of Property Act, 1882

See also

deed · executor · execution

Read more in the study notes

• 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)