You are on page 1of 1

(a) Animo Attestandi The Transfer of Property Act, 1882 has not prescribed any particular form of

attestation. Animo Attestandi means that the attesting witness has put his signature for the purpose of
certifying that he saw the executant sign the document. If a person puts his signature for any other
purpose (other than certifying) he cannot be an attesting witness. 49 (b) Effect of Invalid Attestation If a
document is not validly attested, it cannot be enforced in court of law. Invalid attestation makes the
documents invalid. (c) Requirement of Attestation It is not necessary to get attested each and every
document. But transfer of immovable property requires attestation. No particular form of attestation is
prescribed by the Act. Attesting witness may put his signature anywhere on the deed. If the witness is
illiterate he may put his thumb impression on the deed. It is necessary that the attesting witness must
sign the deed after the executant has executed it.

You might also like