{Balu manikantan} SUBRAMANYAM (Practising Advocate) 21 August 2015

Mandatory attestation of mortgage,will and gift documents

why it is mandatory of getteing attested in case of mortgage,will and gift documents.

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3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 22 August 2015

Why because many fraud cases are coming up.

Nitish Banka (lawyer) 24 August 2015

Attestation is prevention for undue influence cercion etc

kvss.prabhakar rao (Advocate ) 30 October 2015

Will and deedof Mortgage gift are compuslssory attestble docuemnts becase

Section 68 in The Indian Evidence Act, 1872

68. Proof of execution of document required by law to be attested.—If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence: 1[Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a Will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied.]