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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.
Company Registration.
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.
When you present a legal document in a foreign country and In India, it is often very difficult to determine whether the document is genuine, Original and legal and therefore overseas governments sometimes need proof that the Indian documents which you hold is a genuine and not fake, or the signatures of Indian officials on documents, are genuine before they will accept them.
Attesting a document confirms the Originality of the document and that it is genuine and legal and therefore can be used for legit purposes.
The attestation process first starts from state level (Home department of states) and after that Central Govt level, Ministry of External affairs (MEA) and at last Certificate Authentication or attestation has to be completed from India or the Country of Origin from where the Certificates are issued.
Attestation is done on the reverse of the Originals. If originals are laminated, we will remove the lamination and get the attestation done.
You need to go to the University/College and submit a Lost Certificate Application. First you need to go to the territorial police station from where it was lost and lodge one FIR (First Information Report).
An Apostille is a certificate that authenticates the origin of a public document (e.g., a birth, marriage or death certificate, a judgment, an extract of a register or a notarial attestation).
We know that you are concerned or document safety therefore our highly vetted team of professionals at Acreoktake care of your original documents. We take every needful step to keep privacy of your documents.
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