Witness

shyam lal (Querist) 13 April 2020 This query is : Resolved
I have signed agreement later got it registered in which the photograph of both signatory are affixed,but at a latter stage I find the two witnesses who also signed the document. There photos where not affixed nor asked for, Query why is not required?

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This discussion clarifies the requirement for witness photographs on registered documents. While some registration offices may capture witness photos and identification for verification, the Indian Registration Act 1908, specifically Section 32A, primarily mandates photographs and fingerprints for the buyer and seller, not necessarily the witnesses. The absence of witness photographs on a registered document does not automatically invalidate it, provided the witnesses' names are mentioned and the document is duly registered.

SHIRISH PAWAR, 7738990900 (Expert) 13 April 2020
Dear querist,

It may be some technical mistake. While registration sub registrar office take photo and identification document of witness.

Regards,

KISHAN DUTT KALASKAR (Expert) 13 April 2020
Dear Sir,
As per the Regvistration Act the photographs of witnesses are required as follows.

Two witnesses with their photos and identification proof should remain present for identification of parties to the agreement for which two witnesses have to put their photo, signatures and thumb impression before registering authority. Such witnesses should not be the necessarily same who has signed as witnesses in the agreement. These witnesses should put their photos, thumb impression and sign before registrar as token of identification of the parties to the document. Some registration office takes computerized digital photos, left hand thumb impression of witness and also obtains signature of witness on such document.
https://www.bcasonline.org/Referencer2016-17/Other%20Laws/indian_registration_act_1908.html
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Indian Registration Act 1908
REGISTRATION OF DOCUMENT UNDER INDIAN REGISTRATION ACT 1908

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shyam lal (Querist) 13 April 2020
Since the document had no witnesses photograph,then is the document Legally valid.?

Raj Kumar Makkad (Expert) 13 April 2020
The legality of the said document is not affected even if the just photographs of the witnesses are not annexed with it but thier names are duly mentioned in the registered document.

shyam lal (Querist) 13 April 2020
Do unregistered document need not affix photos of witnesses?

Raj Kumar Makkad (Expert) 13 April 2020
No. Unregistered sale-agreement do not require affixation of the photographs of the witnesses. Their identity proof if enclosed are on the safer side.

Dr J C Vashista (Expert) 14 April 2020
Photograph of any witness is not required for registration of a document.
Who so-ever has advised you so, is wrong.
If so, the registering authority would have rejected / returned the document for want of photograph of witnesses.

P. Venu (Expert) 14 April 2020
Yes, the provisions of the Indian Registration Act do not provide for the photographs of the Witnesses.

Rajendra K Goyal (Expert) 14 April 2020
The document is legally acceptable if it is duly registered.

Unregistered documents need not afix photograph of witness.

T. Kalaiselvan, Advocate (Expert) 18 April 2020
The photos of the witnesses are also captured at the time of registering the documents hence the document cannot be said to be invalid, it is very much legal.
No photographs are required to be affixed for unregistered document.

P. Venu (Expert) 18 April 2020
Photographs are required to be affixed basing on the provisions of Section 32A of the Registration Act.
The provision only mandates the photographs of the buyer and seller, not the witnesses. To my knowledge, the provision has not been further amended mandating the photographs of the witnesses.

32A. Compulsory affixing of photograph, etc.—Every person presenting any document at the proper registration office under section 32 shall affix his passport size photograph and fingerprints to the document: Provided that where such document relates to the transfer of ownership of immovable property, the passport size photograph and fingerprints of each buyer and seller of such property mentioned in the document shall also be affixed to the document.

Rajendra K Goyal (Expert) 18 April 2020
Write / send legal notice to Registrar office for correcting the mistake.

In case of no answer / refusal file writ petition in High court.

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