AI Overview...
- Attestators Are Not Bound by the Document - Main points and insights:
- Under the Evidence Act, 1872, Section 115, attestors are not bound by the content of the document they attest merely because they signed it. Their attestations serve to confirm the execution, not the truth of the document's contents K. A. Selvanachi & Another VS Dr. S. R. Sekar & Another - Madras.
- An attestor's knowledge of the document's contents is not mandatory; their role is limited to witnessing the signing process K. A. Selvanachi & Another VS Dr. S. R. Sekar & Another - Madras.
- The mere fact that an attestor signed the document does not imply their agreement or knowledge of its substance, especially if they were not parties or had no awareness of the contents K. A. Selvanachi & Another VS Dr. S. R. Sekar & Another - Madras.
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In cases involving wills or documents with suspicious circumstances, the credibility of attestors can be questioned, but their attestation alone does not bind them to the document's content Kadiyala Appa Rao (died) per L. Rs. VS Kadiyala Kamalamma - Andhra Pradesh, Lalita Sharma VS Sumitra Sharma - Delhi, B. V. Srinivasan VS B. V. Tulasiraman - Madras.
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Analysis and Conclusion:
- The legal principle established is that attestors are primarily witnesses to the signing process, not guarantors of the document's validity or contents.
- Their attestations are meant to verify that the document was executed properly, not to endorse its substance.
- Therefore, attestors are not legally bound by the document merely because they signed or attested it, unless they had knowledge of its contents or were parties to the document.
- This distinction is crucial in legal proceedings where the authenticity or validity of a document, such as a will, is challenged; the focus is on proper execution and attestation procedures rather than the attestors' understanding Lalita Sharma VS Sumitra Sharma - Delhi, B. V. Srinivasan VS B. V. Tulasiraman - Madras.
References: - K. A. Selvanachi & Another VS Dr. S. R. Sekar & Another - Madras: Evidence Act, 1872, Section 115 - Kadiyala Appa Rao (died) per L. Rs. VS Kadiyala Kamalamma - Andhra Pradesh: Court judgments on suspicious circumstances and attestor credibility - Lalita Sharma VS Sumitra Sharma - Delhi: Validity of Will execution and attestation - B. V. Srinivasan VS B. V. Tulasiraman - Madras: Proof of execution and attestation issues
Search Results for "Attestators are Not Bound by the Document"
2003 0 Supreme(Mad) 134 • India - Madras
R.JAYASIMHA BABU, N.V.BALASUBRAMANIAN
Evidence Act, 1872-Section 115-Estoppel-Attestation of document-Attestators are not bound by the document due to the mere fact that ... The mother had attested the document, but was not a party to the same. There is nothing in the document to show that she had knowledge of its contents. ... That document was not registered. After that document was drawn up, the plaintiff attempted to have the titl....
2007 0 Supreme(AP) 1195 • India - Andhra Pradesh
P.S.NARAYANA
Hence, viewed from any angle, this Second Appeal does not involve any substantial question of law and the same is bound to fail – ... circumstances, much had not been explained properly, automatically plaintiff being the sole legal heir of deceased is bound to succeed ... is correct in arriving at a conclusion that Ex.B1 Will is surrounded by suspicious circumstances and the said circumstances are not ... Secondly, the attestators were disbelieved on two grounds, namely, that Hari Si....
2011 0 Supreme(Del) 221 • India - Delhi
KAILASH GAMBHIR
testatorix, signing the Will -- Witnesses also inconsistent as to who reached first and who later -- Held that execution of Will was not ... ... As would be evident from the plain language of the aforesaid provision, the testator must sign the will in the presence of the attesting witnesses or who personally acknowledge his signatures to the attestators. ... Attestation as provided by the section is thus not an empty formality. It means signing a document for the purpose of testifying of the signatures of the executant.....
2005 0 Supreme(Kar) 3 • India - Karnataka
V.G.SABHAHIT
of the sub-Registrar while registering the Will who has spoken to about the fact that the plaintiff has affixed her LTM on the document ... of the testators are dead and the scribe is also dead and PWs. 2 to 4 who are the persons acquainted with the signatures of the attestators ... ... Section 90 -Proof of execution of Will -If testator and scribe not ... the fact that the plaintiff has affixed her LTM on the document admitting the execution of the will has rightly come to the conclusion that there is no suspicious cir....
2021 0 Supreme(Mad) 1815 • India - Madras
P.T.ASHA
demarcate the boundaries of suit property and hand over a rough sketch plan in respect of the same - Held, Therefore from this document ... to have the sale deed extended - However once reason for the extension has been complied with the plaintiff is bound to complete ... is clear that plaintiff despite being informed by the defendant that he has complied with his part of obligation plaintiff has not ... Therefore, from this document it is clear that the plaintiff despite being informed by the defendant that he has com....
2023 Supreme(Online)(KER) 23851 • India - High Court of Kerala
A. BADHARUDEEN, J
court held that without proof of the agreements and without formulating a substantial question of law, the second appeal could not ... It is relevant to note that the other attestator to Ext.A1 was not examined. The attestator to Ext.A1(a) agreement also not examined. The second attestator to Ext.A1(a) is the son of the defendant and the first attestator is the wife of the brother in law of the plaintiff. ... The mere appreciation of the facts, the documentary evidenc....
2001 0 Supreme(Mad) 167 • India - Madras
P.SHANMUGAM, A.SUBBULAKSHMY
... In the case on hand, valid execution and attestation of the document has not been proved. The evidence of PW2 one of the attestators is not at all satisfactory. The other attestor has not been examined. ... PW2s evidence is that the plaintiffs father executed Ex.A12 and he attested that document and Krishnasamy also signed in that document. ... So, the next point to be considered is whether the father Venkatachalapathy executed the Will, Ex.A12 and whether it is a....
2010 6 Supreme 769 • India - Supreme Court
P.SATHASIVAM, B.S.CHAUHAN
Indian Penal Code, 1860 – Section 463 – The part of the contract inserted after execution of the document ... shall not alter the document himself in any way. ... the document is accepted for registration.... ... The sale deed dated 24th April, 1986, is a registered document. The document is admitted by the other side. Most of the contents are also admitted. However, it is disputed that the word “Avadhi” and last clause have been inserted subsequent to execution of the docume....
2019 0 Supreme(Mad) 2747 • India - Madras
N.ANAND VENKATESH
by defendant or to go through ordeal trial and it is apparent on reading of plaint along with Will that has been relied upon as document ... Therefore, this Court can take into consideration the said document while considering the application for rejection of plaint. 13. ... In order to arrive at this conclusion, there is no requirement to go into the defence taken by the defendant or to go through the ordeal of trial and it is apparent on the reading of the plaint along with the Will that has been relied upon as a document in the plaint.....
2010 0 Supreme(SC) 974 • India - Supreme Court
B.S.CHAUHAN, P.SATHASIVAM
and also whole series of acts or formalities which are necessary to render document valid - Attestation of sale deed is imperative ... and execution are different acts one following other - Execution includes delivery and signing of document in presence of witnesses ... attest said word by putting his signatures at time registration - Attestation testifies certifies genuineness document - Attestation ... shall not alter the document himself in any way. ... The sale deed dated 24th April, 1986, is a regi....
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