Difference beween Authentication and attestation?

If a deed or document is to be attested usually by two or more witnesses, it must be very clear from the wordings or the attendant circumstances that the Attestors have signed the deed or document as witnesses. 

Not just a formality: The Attestor attesting witness must sign the deed or document concerned in the presence of the Executant.

One of the factors which is not considered to be important in the course of execution and registration of deeds is attestation of deeds. In respect of deeds which are being registered, many parties regard this as a formality. The general approach is that any person who can sign the deed as a witness is good enough to attest the deed. However, this is an important matter and is not to be treated casually. It is desirable to have an understanding of the issues concerned.

An Attestor is a person who has seen the deed concerned being executed. As such, a party who is executing the deed or document, cannot be an Attestor. A Power of Attorney holder executing the deed or document is also deemed to be a party and therefore, cannot be an Attestor in his individual capacity. In order that the attestation is proper, the Attestor attesting witness must sign the deed or document concerned in the presence of the Executant. A person who has made the deed or document, namely, the Scribe, can be a valid witness who can attest the deed or document.

To give a clear picture, if a deed or document is to be attested usually by two or more witnesses, it must be very clear from the wordings or the attendant circumstances that the Attestors have signed the deed or document as witnesses. The witness should have put his signature for the purpose of attesting the deed or document in having seen the Executant sign the deed or must have received an acknowledgement for this purpose. Its execution should happen in the presence of the attesting witness. The purpose is to testify the signature of the Executant. As such, the Attestor must personally know the Executant whose signature he or she attests.

Different kind

An attestation is different from an acknowledgement. Attestation is done by a witness. An acknowledgement is done by the party concerned. You will also come across the word “Subscribe” in legal documents. Strictly speaking, the word “Subscribe” does not impute personal knowledge of the matter in consideration and is more in the nature of appending the names of signatures in a mechanical manner.

The term attested, when used in relation to a deed or document, means that the deed or document concerned isattested by two or more witnesses. Each of the witnesses should have seen the Executant sign the document. Each of them should have signed as a witness in the presence of the Executant. However, it is not necessary that the witnesses should sign in the presence of each other. No specific or particular form is prescribed for attestation.

At times, a person may sign his or her name in a deed or document for identifying an Executant. The purpose of this is only to confirm the identity and such an identifier does not become an Attestor for the execution of deed or document concerned.

The term “Sign” would generally mean affixing the signature or otherwise affixing the name or a mark to represent the name of a person. The “signing” should be such that it would bind the person concerned as relating to the aspect of signing. Even the insertion of a name, done in the manner required, may amount to signing, authentication or attestation as the case may be.

Vishal, thank you for your elaborate explaination in attestation. Now, haviing meet the above requirements,  the documents, say sale deed, Affidavit, PA are often  produced before a Magistrate/Notary for attestation. In such circumstances, whether notary/magistrate also should attest it or authenticate it?

Dear Assumi

The requirement differs from case to case, Notarization is an attestation service as well as an authenthication service, the requirement under the particular law decides whether attestaion is required or authenthication is.

Dear Vishal, thank you for your feed back.

Mr Vishal.

Atestation was defined under Sec. 3 of T.P.Act. The form of attestation was defined under Sec. 63 of Indian succession Act.  The proof of attestation has to be made as per Sec. 68 to 71 of Indian Evidence Act.

Authentication is altogether different and it is as good as a person certifying a document as a true copy. such as a "True copy" by a Notary or certified to be true copy by any Gazetted officer etgc. Authentication can be done even in respect of the documents which are attested,

There are only three compulsorily attestable documents, which are a settlement deed, Mortgage deed and a WILL. I hope you are satisfied.