504 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Case Law.
45 I.A. 94.
A mortgage-deed for over Rs. 100 purported to be signed by a Pardanashin lady on behalf of her son, a minor and to be attested by two witnesses. It appeared from the evidence that the lady was behind the parda when the deed was taken to her for signature. The witnesses did not see her sign it, but her son came from behind the parda and told them that it had been signed by his mother ; they thereupon added their signatures as witnesses:—
Held that the deed was not “attested” within the meaning of section 59 of the T. P. Act.
42 I.A. 163
A mortgage-deed purported to be executed by two pardanashin ladies. It appeared from the evidence of two of the attesting witnesses that they saw the hand of each executant when she signed the deed, and that although they could not see the faces of the executants, they heard them speak and recognized their voices:—
Held that the deed was duly attested in accordance with the T. P. Act.
The Law is now changed and attestation on acknowledgement of his signature by the executant is good— See Definition Attested in section 3, T. P. Act as amended in
(3) § REGISTERED
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(Earlier portion not found—ed.) to operate immediately, it is not necessary that there should be a formal delivery or even that the document should go out of the possession of the party who executes it.
illus. — Exton vs. Scott. (1833) 6 Simons 31.
A certain person having received moneys belonging to another without any communication with him executed in his favour
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