Does signature need to be witnessed
Amit kishore singh
(Querist) 08 March 2010
This query is : Resolved
Dear frns,
Under which Indian statute the following are required to be compulsorily witnessed (if not required to registered)
every Agreement (i.e) Agreement to sell
Deed (lease deed)
Regards
Amit
Raj Kumar Makkad
(Expert) 08 March 2010
Indian Contract Act and Transfer of Property Act.
Amit kishore singh
(Querist) 08 March 2010
Thanks to Mr Raj and Mr O Mahalakxmi.
I really appreciate if you mention the relvant sections of the both acts.
Regards
Parveen Kr. Aggarwal
(Expert) 08 March 2010
Neither an 'Agreement to sell' nor a 'lease deed' is required to be compulsorily witnessed. No legal provision prescribes so.
Amit kishore singh
(Querist) 08 March 2010
Dear Mr Praveen,
thanks...i support your views,
IN my opinion to be on safer side we prefer to get signature witnessed for the identity of signatory.
Also when we go for registration of certain documents like sale-deed, lease deed (more than 11 months), the Registrar insist for witness.
Therefore,we can say that in general witness for every agreement is not legally compulsory unless specically required by law/registrar.
Other Learned members kindly share their views.
thanks in anticipation.
Regards
Amit
Parveen Kr. Aggarwal
(Expert) 08 March 2010
Yes. Witness for every agreement is not legally compulsorily required unless specifically required by any law.
Section 10 of the Indian Contract Act, 1872 provides in the following manner:
"10. What agreements are contracts:-All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.
Nothing herein contained shall affect any law in force in India and not hereby expressly repealed by which any contract is required to be made in writing or in the presence of witnesses, or any law relating to the registration of documents."
Guest
(Expert) 08 March 2010
i completely agree with Parveen
