Witness of documents

Dr C Suresh (Querist) 08 October 2009 This query is : Resolved
Are stamped loan documents signed by borrower and lender valid if they donot have any witness signatures.

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n.k.sarin (Expert) 08 October 2009
stamped loan document signed by borrower and lender is a agreement only and it requires signature of two attesting witness.But lack of signature of witness it cannot be said that the document become invalid.

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Raj Kumar Makkad (Expert) 08 October 2009
Signature of witnesses are obtained just to witness the agreement otherwise it is valid if made between 2 parties without knowledge of third party but if any dispute arises then whom to believe???? So witness is required.

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adv. rajeev ( rajoo ) (Expert) 09 October 2009
It is not invalid doucment.

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R.M.Bhaduri (Expert) 09 October 2009
The question of execution of the stamped loan document will arise in absence of the witness signature, i.e., law says that a deed must contain signature of at least two witnesses, the reason has been explained by Raj Kr. Makkad Ji, therefore the stamped loan document does not come in purview of valid documents and in the light of executability of the document.

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A.P.Manoranjan (Expert) 09 October 2009
I agree with Mr. Bhaduri's advise.

Sachin Bhatia (Expert) 11 October 2009
The documents signed by borrower and lender is not valid if it does not have any witness signatures. Law says that a deed must contain signature of at least two witnesses.

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