An Attestation means an instrument is said to be attested,if it is attested by two or more

witnesses who have seen the executant sign or affix his mark to the instrument or signed by any other person under the direction or personal acknowledgement of the executant in his presence,and the witnesess must have signed the instrument in the presence of the excutant but they need not necessarily be present at the same time.

A mere signature is sufficient for attestation and particlular form is not required.It may be made at any place in the deed,but must be done only after excution of the deed.In English Law,both the witnesses should be present at the same time.The witnesses should actually see the execution of the instrument.But,in Indian Law,it is not necessary that both the attestors should be present at the same time.

The attestor must have signed either or after seeing the document.The executant signs the document or affixes his mark or any other person signed the instrument in the presence or direction of the executant or personal acknowledgement from the executant.The attestor must have signed in the presence of the executant.He must not have signed the instrument for any other purpose except as  a witness.

1. A party to a deed cannot be an attesting witness.

2. A person interested in the transaction.Eg.A person interested in the money advanced under

a mortgage may be an attesting witness,if he is not a party to the deed.

3. A person who has signed on behalf of an illiterate person cannot be an attesting witness.

4. An illiterate person may attest the signature of executant.

5. If  aperson executes a deed as a power of attorney  or an agent of another,he is party to

the deed and cannot attest his own signature.

The mere attestation of a document does not show that the attestor had notice of its contents but he cannot deny the fact of its execution.The attesting officer is called as witness only when the execution of the deed is denied by the person.If the attesting witnesses are dead,their handwritinh can be proved by evidence.

Attestation does not imply constent by itself.Registration of the deed must be valid according to the law for the time being in force.If there is fraud or any insufficient to identitty the property,the registration is void.

This article is useful to all .To know the Attestation Procedures.