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Attestation and Registration

Instrument
Legal document

An evidence of the transfer of


property mentioned in it

Also signifies the transfer of property


Attestation

Property
Delivery of possession Written document

Transferor

Execution of deed

Attestation of deed
Process of witnessing the execution of the deed
Attestation
Attesting witnesses

Each has seen the executant sign the instrument / affix his thumb impression on the
instrument

Each witness should sign the instrument in the presence of the executant

Ensures authenticity of the instrument

Execution was with free consent – no force fraud or undue influence

Attesting witnesses have no knowledge of the contents of the instrument

Attesting witnesses not supposed to give consent to the transfer

Witness – age of majority and sound mind

Party to the transaction cannot be a attesting witness

Cannot take place before the signature of the executant


Registration
• Requirements under the Registration Act
• Description of the property must be sufficiently
given for easy identification
• Registration must be done in the area where the
property is situated
• Registration must be done by the prescribed
authority
• Documents for registration must be presented by
the proper person