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CS Professional · Drafting, Pleadings and Appearances · Types of Documents

Ramesh Iyer, a resident of Chennai, signs a sale agreement in the presence of two friends who also sign as witnesses at his request. Later, a dispute arises over whether the document was properly executed. In drafting terms, what is the correct distinction between Ramesh's act and the witnesses' act?

Ramesh's signing is execution, since he is the party assenting to the document, while the witnesses' signing after seeing him sign is attestation. Attestation certifies that the signature was made by the executant, so the two acts are distinct and are not interchangeable.

  1. ARamesh's signing is attestation and the witnesses' signing is execution
  2. BRamesh's signing is execution and the witnesses' signing, done after seeing him sign, is attestationCorrect
  3. CBoth acts are execution because both involve signatures
  4. DBoth acts are attestation because both are done on the same date

Explanation

Execution is the act of the party signing to show assent to the document's contents. Attestation is the act of witnesses who saw the executant sign (or received his acknowledgement of signature) and then sign to certify that. The option reversing the terms is wrong because the executant is the one bound by the document.

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