ATTESTING WITNESS

Dear Atanu Sengupta,

As per evidence, Hon'ble Court presumes that the documents attested by two persons, its admisable in law and it is legaly valid.

Yes Sir, I understand that. But my question is that, whether it is mandatory to have two attesting witness in a deed of gift derived from GPA? If yes/no then what is the reference as per Court od Law?

Attestation of two wittnesses is essential as per law for each document.

Yes Sir, I do agree with that. But is there any reference to quote it? In lay mans language, what is the Sec/ Act No or something like that to refer with, which confirms that two attesting witnesses are mandatorily needed for that?

As per transfer of property act section 132 provides that gift should be attested by competent persons.

sanjeev desai

I am in agreement with Atanu Sengupta. There does not seem any specific provision to consider the attestation by two witnesses is mandatory. However, it can be well said that any action of search, seizure etc. is required to be done in the presence of two independent persons/witnesses, to secure impartial action, as per the Civil Procedure Code, which anology seems to have been extended in execution of deed etc., so as to create presence of two confirming persons, as witnesses. There is no provision of enactment in support of this.

i beg to differ with all the senior members... attestation by two witness is not required in all cases. only three documents r there which must be attested by two witnesses. 1. GIFT  2. MORGAGE 3. WILL.  

whether attestaion is required or not in a transfer depends on the provision of TP ACT. section 123 says attestation is nessessory in case of will.

sorry read it as GIFT in place of will in last line.

Yes, it is mandatory if property is immovable and it is not mandatory if property is movable.  In this regard s. 123 of Transfer of Property Act reads as under:

"123. Transfer how effected. - For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument    signed by or on behalf of the donor, and attested by at least two witnesses.

For the purpose of making agift of movable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery. such delivery may made in the same way as goods sold may be delivered."

 i agree with Tripathi Sir