Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Atanu Sengupta (self employed)     13 July 2009

ATTESTING WITNESS

Is it mandatory to have two attesting witnesses in a Deed of Gift derived from GPA? What is the reference as per Court of Law?



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 10 Replies

sanjeev murthy desai (Advocate)     13 July 2009

Dear Atanu Sengupta,

As per evidence, Hon'ble Court presumes that the documents attested by two persons, its admisable in law and it is legaly valid.

Atanu Sengupta (self employed)     13 July 2009

Yes Sir, I understand that. But my question is that, whether it is mandatory to have two attesting witness in a deed of gift derived from GPA? If yes/no then what is the reference as per Court od Law?

Khaleel Ahmed (Legal Advisor)     13 July 2009

Attestation of two wittnesses is essential as per law for each document.

Atanu Sengupta (self employed)     13 July 2009

Yes Sir, I do agree with that. But is there any reference to quote it? In lay mans language, what is the Sec/ Act No or something like that to refer with, which confirms that two attesting witnesses are mandatorily needed for that?

sanjeev murthy desai (Advocate)     13 July 2009

As per transfer of property act section 132 provides that gift should be attested by competent persons.

sanjeev desai

S. V. SHAH (GOVERNMENT SERVICE)     13 July 2009

I am in agreement with Atanu Sengupta. There does not seem any specific provision to consider the attestation by two witnesses is mandatory. However, it can be well said that any action of search, seizure etc. is required to be done in the presence of two independent persons/witnesses, to secure impartial action, as per the Civil Procedure Code, which anology seems to have been extended in execution of deed etc., so as to create presence of two confirming persons, as witnesses. There is no provision of enactment in support of this.

Amit Gupta (Advocate)     13 July 2009

i beg to differ with all the senior members... attestation by two witness is not required in all cases. only three documents r there which must be attested by two witnesses. 1. GIFT  2. MORGAGE 3. WILL.  

whether attestaion is required or not in a transfer depends on the provision of TP ACT. section 123 says attestation is nessessory in case of will.

1 Like

Amit Gupta (Advocate)     14 July 2009

sorry read it as GIFT in place of will in last line.

Swami Sadashiva Brahmendra Sar (Nil)     17 July 2009

Yes, it is mandatory if property is immovable and it is not mandatory if property is movable.  In this regard s. 123 of Transfer of Property Act reads as under:

"123. Transfer how effected. - For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument    signed by or on behalf of the donor, and attested by at least two witnesses.

For the purpose of making agift of movable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery. such delivery may made in the same way as goods sold may be delivered."

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G. ARAVINTHAN (Legal Consultant / Solicitor)     17 July 2009

 i agree with Tripathi Sir


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