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Attestation is not merely a formality but an essential mode to testify voluntary execution of any instrument or document (Transfer deed) by the transferor of the property. The word “attest” suggests signing and witness the document by way of testimony of the fact that, it was before him it was executed.
It is to be understood that, Attestation is not merely a formality but an essential mode to testify voluntary execution of any instrument or document (Transfer deed) by the transferor of the property. The word “attest” suggests signing and witness the document by way of testimony of the fact that, it was before him it was executed.
Attestation under the Transfer of Property Act
Attestation is a codified concept incorporated in section 3 of the Transfer of Property Act, 1882: - “attested", in relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument.
General Purpose of Attestation
Attestations of documents are required in the below-mentioned cases: -
To obtain an employment visa/labour Card for most of the designation
To pursue higher education in a foreign country
To obtain a residence visa for wife, children, in-laws
To get the right to sell properties in Home Country.
For the removal of LLC partnership provided partner in Home Country does not wish to extend the partnership.
To open Bank account.
ESSENTIAL REQUISITES OF A VALID ATTESTATION
There must be two or more attesting witnesses present.
Each witness must see
Each witness must sign the instrument in the presence of executant.
No particular form of attestation is necessary.
Attester must be in a capacity of entering into a contract.
Effect of invalid attestation it makes the deed of transfer of property unable to pass and possess. Such a document cannot be enforced in the court of law.
ATTESTATION PROCEDURE: -
Process of Attestation various from each state, each embassy, depends upon the document and off course where you wish to use the certificate.
There are many ways to attest document from India, it’s a chain process. The authorities are focused only on Ministry of foreign affairs attestation locally (Intended to use country). But to get that all the other attestation is required.
WHO MAY ATTEST?
One big dilemma in the minds of any person may be regarding the appropriate authority who may attest or certify the document or deed. Mentioned below is the classification of attestation:
In India, attestation of copies of original documents can be attested by Group A and B (Gazetted) public servant officers.
In certain cases, any Character certificate, Police records verifications can be attested by Group A-Officers.
And magisterial functions of attesting affidavits, etc. can be done by magistrates.
However, it is suggested that one should get their documents attested from a duly authorised Notary as a notary is a person who can attest all sorts of documents as true copies.
HOW CAN ACREOK HELP YOU?
AcreOK very well understands the importance of property and its execution. The subsequent stage of execution is attestation, which really confuses people as to its importance, and who is the actual person to attest. Lastly, where to go for attestation is one big issue, AcreOK even helps you with this, we get your documents or deeds attested as per the requirement.
Yes, single parents can adopt. A single male can adopt a boy but not a girl (Regulation 5(2) of Adoption Regulations 2017).
Commercial documents like certificate of origin, certificate of incorporation, invoice, physical / chemical analysis reports of products, packaging list, special certificates, Memorandum of association, power of attorney etc could be required attested for opening pr for collecting the business-related payments from abroad.
An e-Stamp can be verified online by clicking on verify e-Stamp certificate and entering the required details i.e
Certificate Number (UIN)
Stamp Duty Type (Description of Document)
Certificate Issue Date
A document that two or more people sign and notarize is legally binding and is one form of agreement that can be upheld in a court of law. In fact, any agreement between two parties can be enforced legally, whether the contract made was verbal or written.
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