TABLE OF CONTENTS:-
- Attestation and attesting witness
- Attestation and execution
1. The attestation of the will (…) is not an empty formality. It means signing a document for the purpose of testifying of the signatures of the executant. The attested (sic attesting) witness should put his signatures on the will animo attestandi. It is not necessary that more than one witness be present at the same time and no particular form of attestation is necessary. Since a will is required by law to be attested, its execution has to be proved in the manner laid down in the section and the Evidence Act which requires that at least one attesting witness has to be examined for the purpose of proving the execution of such a document, Yumnam Ongbi Tampha Ibema Deviv. Yumnam Joykumar Singh, (2009) 4 SCC 780. 2. The signing by a witness to the signature of another of a statements that a document was signed in the presence of the witness. [Whart.]
Attestation and attesting witness — By attestation is meant the signing of a document to signify that the attestor is a witness to the execution of the document; and by S. 63(c) of the Succession Act, 1925 (Indian), an attesting witness is one who signs the document in the presence of the executant after seeing the execution of the document or after receiving a personal acknowledgment from the executant as regards the execution of the document, Seth Beni Chand v. Kamla Kunwar, (1976) 4 SCC 554.
Attestation and execution — Attestation testifies/certifies the genuineness of the document. Attestation and execution are different acts, one following the other. Execution includes delivery and signing of the document in the presence of the witnesses and also the whole series of acts or formalities which are necessary to render the document valid. Attestation of sale deed is imperative, D.R. Rathna Murthy v. Ramappa, (2011) 1 SCC 158.