Attestation under Transfer of Property Act, 1882.
Meaning, example, meaning under section 3 of transfer of property act, Essentials of a valid attestation, Attesting witness, registrar as attesting witness, mode of attestation, legal effect of attestation, party interested in the transaction.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
the present power point presentation deals with the subject transfer of property act section 41 which talks about ostensible ownership. The ppt will be very helpful in understanding the topic and covers the relevant case laws for the same in a summarized way in 8 slides.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
the present power point presentation deals with the subject transfer of property act section 41 which talks about ostensible ownership. The ppt will be very helpful in understanding the topic and covers the relevant case laws for the same in a summarized way in 8 slides.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
THE SLIDES CONCENTRATE N THE ISLAMIC CONCEPT OF PRE-EMPTION (SHUFA). IT INCLUDES ITS PRESENT AND CONSTITUTIONAL STATUS AS WELL. HELPFUL FOR LAW STUDENTS AND PROFESSIONALS
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
Principles of constitutional interpretation of list prepared by Rajashree J J...sundarsasane
In these SLIDES there are various principles and doctrines of legal interpretation of statutes, law and provisions,this is according to article 245 to 255 and article 13 of the Indian constitution.
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
THE SLIDES CONCENTRATE N THE ISLAMIC CONCEPT OF PRE-EMPTION (SHUFA). IT INCLUDES ITS PRESENT AND CONSTITUTIONAL STATUS AS WELL. HELPFUL FOR LAW STUDENTS AND PROFESSIONALS
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
Principles of constitutional interpretation of list prepared by Rajashree J J...sundarsasane
In these SLIDES there are various principles and doctrines of legal interpretation of statutes, law and provisions,this is according to article 245 to 255 and article 13 of the Indian constitution.
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
This material is a part of our PGPSE programe. Our programme is available for any student after class 12th / graduation. AFTERSCHO☺OL conducts PGPSE, which is available free to all online students. There are no charges. PGPSE is a very rigorous programme, designed to give a comprehensive training in social entrepreneurship / spiritual entrepreneurship. This programme is aimed at those persons, who want to ultimately set up their own business enterprises which can benefit society substantially. PGPSE is a unique programme, as it combines industry consultancy, business solutions and case studies in addition to spirituality and social concerns. You can read the details at www.afterschoool.tk or at www.afterschool.tk
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
A basic guide to property law. Since this is based on common law and applies to the law of the land - please check your state property statutes for modern codes. This is intended for law students and builds a foundation for the law of property law - each states laws vary. Thank you!
Dear Seniors & Friends,
Sharing the PPT on "Labour Laws in India" with Various Act under the Labour Law. Kindly have a look on the Same & Share your valuable feedback & suggestion. If you found any mistake kindly update me for the modification the same.
Thanks & Regards,
Anshu Shekhar Singh
M- 9999 844 355
A document that promises payment to a specified person or the assignee. The payee (the person who receives the payment) must be named or otherwise indicated on the instrument. A check is considered a negotiable instrument. This type of instrument is a transferable, signed document that promises to pay the bearer a sum of money at a future date or on demand. Examples also include bills of exchange, promissory notes, drafts and certificates of deposit.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
2. Attest means
• Executant- a person who has a certain right over
a property and makes a document…..to make
changes to his right over that property.
• Execute- the act of an executant writing and
signing on an instrument.
• Attest- as per TP Act,- that a person has signed
the document by way of testimony of the fact
that he saw it executed.
• The party who sees the document executed is a
‘witness’
3. example
• Ramesh is the owner of a land in TVM.
• He wishes to mortgage the land in favour of Suresh.
• Ramesh wants Sunanda to be a witness to this event.
• While Ramesh executes the mortgage deed in favour of
Suresh…, Sunanda being a witness to the event ‘attests’ over
the mortgage deed.
• Ramesh is the executant
• Sunanda is the witness
• Sunanda has attested the document. The attestation is a
testimony that Ramesh executed the document in her
presence and out of his free will. This prevents coercion.
4. Meaning of Attestation
s.3 of TP Act
• in relation to an instrument, means and shall be deemed
always to have meant attested by two or more witnesses
each of whom has seen the executant sign or affix his mark to
the instrument, or has seen some other person sign the
instrument in the presence and by the direction of the
executant, or has received from the executant a personal
acknowledgement of his signature or mark, or of the
signature of such other person, and each of whom has signed
the instrument in the presence of the executant; but it shall
not be necessary that more than one of such witnesses shall
have been present at the same time, and no particular form
of attestation shall be necessary
5. Essentials of a valid attestation
1) Definition under section is confined only to non-testamentary
instrument. It will not apply to will etc.
2) Minimum two attesting witnesses are needed. Maximum is
not mentioned.
3) Three modes of attestation are recognized e.g.-
a. Each sees the executant signing or fixing mark, or
b. Each sees some other person signing in the presence,
and by the direction of the executant, or
c. Each has received from the executant the personal
acknowledgement of executant sign, of executants
mark, sign of one who signed for the executant in his
presence and by his direction.
6. 4) Each witness signs the instrument in presence of executant.
5) Presence of both or all attesting witnesses one and at the
same time is not essential.
6) No particular form of attestation is prescribed.
7. case
• In Kundan Lal v. Musharaf Begum, the executant was a
pardanashin lady and was sitting behind a thin curtain when
the attestors signed. The P.C. held that the attestation was
valid as the executant, if so minded, could have seen the
witnesses, even if she did not actually see them, through the
curtain. It is tantamount to say that an attesting witness
should sign his name in the presence of the executant.
8. English and Indian law
• The definition of attestation in s.3 T.P. Act makes a two—fold
departure from the English law. According to the English law
1.) both witnesses should be present at the same time and
2.) they should actually see the execution of the instrument.
• In India it is not necessary that both the attestors should be
present at the same time or see the actual execution of the
document
9. Attesting witness
• It is essential that the witness should have put his signature
animus attestandi (sign with an intention to attest), that is,
for the purpose of attesting that he has seen the executant
sign or has received from him a personal acknowledgment of
his sign.
• If a person has put his signature on the document for some
other purpose, eg., to certify that he is a scribe or an
identifier or a registering officer, he is not an attesting
witness.
• There must be ‘animus attestandi’ for a valid attestation.
• To attest is to bear witness to a fact.
10. Registrar as attesting witness
• A registrar can be a competent witness provided he has
animus to attest.
• The sub-registrar or registering officer who registers the
document therefore may act as attesting witness, but it must
be shown that
i. He has intention to attest witness; and
ii. Has either personally seen the executant signing the
document, or the executant accepts the execution
before him.
11. Case law
• In Abdul Jabbar v. Venkat Shastri & Sons, the issue was, whether
the attestation of a security bond by the sub-registrar was a valid
attestation. In this case, the identification of parties, registration of
bond and attestation, etc were all done by the sub-registrar. The
Mad. h.c. held it to be a bad attestation and it was upheld by the
S.C.
• The view of the court was that a valid attestation requires two
witnesses and signature, etc. of the executor as required under the
Transfer of Property Act and animus attestandi. The Sub Registrar
puts the signature in course of his duties as laid down under
Registration Act. Therefore, a scribe, identifier, or registering officer
as such may not be competent to attest unless of course contrary is
proved by the facts and circumstances of any particular case
12. Mode of attestation
• There is no particular form of attestation, and
a mere signature is sufficient.
• The definition of attestation specifically
mentions that ‘no particular form of
attestation shall be necessary’. However the
signing should be visible from the document.
• The main purpose of attestation is to testify to
the voluntary execution of the document by
the transferor.
13. Case Law
• In Shant Ram v. Kamala Prasad, on a transfer deed prepared
by a lawyer, before the transferor could sign some person
from the side of transferor and transferee, who call
themselves attesting witnesses signed on the document.
While presenting for registration without the sign of the
transferor, the Registrar pointed out that discrepancy. Then
transferor signed in the presence of Registrar, but none of the
said witnesses were present.
• Held- the deed was not validly attested, as, the said witnesses
has already signed the document before it was executed.
• Attestation means testifying the voluntary execution of the
transfer deed, and therefore attestation can never be prior to
the execution of the document, and must always be
subsequent to it.
14. Legal effect of attestation
• Mere attestation of a document does not show that the
attestor had notice of its contents (Banga Chandra v.
Jagat Kishore 44 cal. 186 p.c.). It estops him from
denying the factum of execution.
• There may be circumstances attending the attestation,
such as, that the contents were read over to the
attestator, which may estop him from challenging the
right of the transferee or denying the authority of the
executant to execute the document.
15. Party interested in the transaction
• A party who is interested in the transaction can be a
competent witness. For instance, where the money is
advanced by a third party but not by the mortgagee who also
attested the deed, the attestation is proper.
• In Kumar Harish Chandra Singh Das v. Bansidhar Mohanty, the
S.C. held that no provision of law debars a money-lender from
attesting a deed which evidences the transaction where
under the money was lent.
• The court drew a distinction btw the person who is a party to
the deed and a person who, though not a party to the deed, is
a party to the transaction. While the former is incompetent to
be an attesting witness, the later can validly attest the deed.
It was held that the deed was validly attested.