What is

indorsement?
Indorsement is defined in Section 15 of the
Negotiable Instrument Act, 1881 as when the maker
or holder of a negotiable instrument signs the same
otherwise than the maker for the purpose of
negotiation on the back or face of the instrument or
on a slip of paper annexed to the instrument or signs
for the same purpose a stamped paper intended to
be completed as a negotiable instrument he is said
to indorse the same, and is called indorser.

The word indorsement in its literal sense means,

writing on the back of an instrument. But under the
Negotiable Instrument Act it means, writing of one’s
name on the back of the instrument or any paper
attached to it with the intention of transferring the
rights therein. Thus endorsement is signing a
negotiable instrument for the purpose of negotiation.

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The person who affects an indorsement is called an
indorser, and the person to whom a negotiable
instrument is transferred by indorsement is called the
indorsee.

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Essentials of a valid Indorsement.
1. It must be on the instrument. The indorsement
may be on the back or face of the instrument and
if there is no space then it may be on a separate
paper attached to it called allonge.

2.It must be made by the maker or the holder of

the instrument. A Stranger cannot indorse it.

3. Must be signed by the indorsor. Signature may

be made on any part of the instrument.

4. It may be a blank indorsement or indorsement in

full. But intention to transfer must be present.
When the indorsee’s name is wrongly spelt, he
should, when he indorses it, sign the name as
spelt in the instrument and write the correct
spelling within brackets after his indorsement.

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5.It must be completed by delivery of the
instrument. The delivery must be made by the
indorser himself or by Somebody on his behalf
with the intention of passing property there in.
Thus, where a person indorses an instrument to
another and keeps it in his papers where it is
found after his death and then delivered to the
indorsee, the latter gets no right on the
instrument.

6.It must be an indorsement of the entire bill. A

partial indorsement that purports to transfer to
the indorsee apart only from the amount payable
does not operate as a valid indorsement.

7. If delivery is conditional, indorsement is not

complete until the condition is fulfilled.

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Who may indorse?
It is important to remember that the payee of an
instrument is the rightful person to make the first
indorsement. After that the instrument can be
indorsed by anyone who has become the holder of
the instrument. According to Section 51 explanation a
Maker or drawer can indorse or negotiate an
instrument if he is in lawful possession of the
instrument or he is the holder of the instrument. A
payee or indorsee cannot indorse or negotiate
unless he is the holder of the instrument.