INTERPRÉTATION ATTESTATION

CLAUSE, SECTION 3 TPA

Section 3 of The Transfer Of
Property Act Defines ‘Attestation’

Object- Kumar Harish Chandra v

Bansidhar Mohanty-Object of
attestation is to protect executant
from being required to execute a
document due to force, coercion,
fraud, undue influence etc..
ESSENTIAL INGREDIENT: -
(1) The document must be attested by at least two or more witnesses.

(2) They should have either seen the executants putting his signatures or mark or
some other person doing the same in the presence of and under the direction of the
executants.
(3) If the document has already been executed or signed by the executants the
witnesses must receive a personal acknowledgement from none other than the
executants himself of his signatures.
(4) Witnesses must sign in presence of the executants.
(5) It is not necessary that both witnesses should be present at the same time.
(6) There is no specific form of attestation.