THE TRANSFER OF PROPERTY ACT 503
- We have only to consider mortgages where the principal is above Rs. 100.
(1) § SIGNATURE
General Clauses Act 1897. Section 3 (52).
The signature may be made by means of types or by a facsimile. 25 Cal. 911. Such person having a name stamp used by servant.
It may be the mark of an illiterate person.
41 Bom. 384 mark of a dagger.
- But a literate person cannot sign by making a mark.
Confession not signed the accused was literate. 32 Cal.
550.
Signature includes a mark in the case of a person unable to write his name.
(2) § ATTESTATION
Attestation. —To attest means to bear witness to, affirm the truth or genuineness of, to testify, certify. Attestation means the verification of the execution of a deed or will by the signature in the presence of witnesses. Attesting witness is a witness who signs in verification.
That being so question is, must the attesting witness be present at the execution of the instrument or a mere acknowledgement of execution by the mortgagor to a witness who afterwards subscribes his name is enough to satisfy the requirements of law in respect of attestation ?
The Privy Council has laid down that the attesting witness ought to be present at the execution of the instrument and a mere acknowledgement will not suffice.
39 I.A. 218; 35 Mad. 607 which overrule the Allahabad and Bombay decisions to the contrary— 27 Bom. 91 and 26 All. 69.
§ ATTESTATION OF PARDANASHINS.
- The same rule was applied. The signature of the Pardanashin lady must be in the presence of the witness otherwise he cannot be said to be an attesting witness.