Site navigation

How many witnesses does the Transfer of Property Act, 1882 require for attestation of an instrument…

Section 3 requires at least two witnesses. Each must see the executant sign or make a mark, see another person sign at the executant’s direction and in the executant’s…

Choose your answer

How many witnesses does the Transfer of Property Act, 1882 require for attestation of an instrument within section 3?

Select one answer
Answer and explanation

Correct answer A

Section 3 requires at least two witnesses. Each must see the executant sign or make a mark, see another person sign at the executant’s direction and in the executant’s presence, or receive a personal acknowledgment from the executant of the executant’s signature or mark or of the other signer’s signature. Each witness signs in the executant’s presence. The witnesses may attend separately, and no particular form is required.

Option feedback

Option A

Section 3 requires at least two witnesses, each of whom must satisfy the statutory witnessing or acknowledgment condition and sign in the executant’s presence.

Option B

One witness does not meet the statutory minimum.

Option C

Section 3 allows more than two witnesses. It sets a minimum of two.

Option D

Attestation requires at least two witnesses. The statute separately dispenses with a prescribed form and simultaneous attendance.

Practice for these exams

Related exam syllabi

Related questions in this topic