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Witness of documents

This query is : Resolved 
 

Online (Querist)
08 October 2009

Are stamped loan documents signed by borrower and lender valid if they donot have any witness signatures.


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.

Raj Kumar MakkadOnline (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.

adv. rajeev ( rajoo )Online (Expert)
09 October 2009

It is not invalid doucment.

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.

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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