CS Professional · Drafting, Pleadings and Appearances · Types of Documents
A deed of assignment executed by Arun Sethi on 10 May was attested by one witness on 10 May and by a second witness on 12 May, who had not seen Arun sign but received his personal acknowledgement of the signature on 12 May. Is the attestation properly done as a matter of general drafting practice for documents requiring two attesting witnesses?
Yes. Each attesting witness must either see the executant sign or receive his personal acknowledgement of the signature, and then sign. Both need not be present together. The second witness acted on Arun's acknowledgement, so the attestation is valid despite the later date.
- ANo, because both witnesses must see the signing at the same moment
- BNo, because attestation can only be done on the date of execution
- CYes, because a witness may attest after receiving the executant's personal acknowledgement of his signature, and the witnesses need not be present togetherCorrect
- DYes, but only if the second witness is a relative of Arun
Explanation
Attestation requires each witness to have seen the executant sign or to have received from him a personal acknowledgement of his signature, and to sign in the executant's presence. The witnesses need not be present at the same time. Here the second witness acted on an acknowledgement, which suffices; a relative is not required, and a later date does not defeat it.
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