Section 3 of The Transfer of Property Act, 1882 provides the interpretation clause, wherein the meaning of attestation has been provided. It states-
“attested 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 excitant 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 the 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.”
This definition can be simplified in the sense that, where a deed is being formulated for the purpose of transfer of property, between the transferor and transferee, such a deed should be signed or affixed by two or more witnesses of such parties to the transfer. Moreover, the witnesses should affix their mark in the presence of their respective parties or any executant who has been directed to execute such a deed in their behalf.
As a result, there are several conditions necessary for an attestation to be considered as valid. These are-
There are various qualifications necessary for any individual to be considered as a valid attester, in order to attest any deed concerning the transfer of any property. These are-