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Shanti Mishra VS Samuel - Current Civil Cases (2018)
: The absence of an attesting witness in an unregistered agreement of sale can still be valid if the execution of the document is otherwise proven. According to the legal analysis in the document, attestation under Section 3 of the Transfer of Property Act does not require the witnesses to sign at the bottom of the document; signing on the margin is sufficient. The key requirement is that each attesting witness must have seen the executant sign or affix their mark to the instrument, and each must have signed the instrument in the presence of the executant. The court held that the mere fact that signatures appear on the margin does not invalidate attestation, as long as the essential conditions of witnessing the execution are met. This principle was affirmed in Usha International Ltd. v. IVth Additional District Judge, where it was ruled that the form of attestation is not rigid and the object is to ensure authenticity and prevent fraud, not to enforce a specific format.Checking relevance for Nagar Nigam Lucknow VS Nagar Nigam Lucknow...2014 0 Supreme(All) 465 : The absence of attesting witnesses in an unregistered agreement of sale cannot validate the document. In the case, the Court held that the alleged unregistered sale deed dated 28.6.1940 could not be proved because the attesting witnesses (Manohar Singh and Shivdan Singh) were not produced before the Court, and the only witness produced (P.W.2 Shatrohan Singh) was a minor at the time of execution and failed to establish the signatures of the attesting witnesses or the execution of the deed as required under Sections 45, 47, and 71 of the Indian Evidence Act. The Court concluded that the sale deed could not be presumed to have been proved, and thus, the absence of attesting witnesses rendered the document unproven and invalid for establishing ownership.Checking relevance for Nagar Nigam, Lucknow VS Krishna Devi and Others ...
2014 0 Supreme(All) 469 : The court held that the unregistered sale deed dated 28.6.1940 could not be presumed to have been proved before the Trial Court due to the absence of attesting witnesses. Specifically, the court found that P.W.2 Shatrohan Singh, who was produced to prove the deed, was only 15 years old at the time of execution and thus a minor, making him incompetent to testify as a witness under Section 45 of the Indian Evidence Act. Furthermore, Shatrohan Singh failed to establish that the attesting witnesses (Manohar Singh and Shivdan Singh) had signed before him, and he could not prove the signature of Maqboolunisha or the other attesting witnesses as required under Sections 45, 47, and 71 of the Indian Evidence Act. Therefore, the absence of attesting witnesses and the failure to produce them for verification rendered the unregistered sale deed unproven and invalid for the purpose of establishing title.
