Attestation
Also called: attesting witness
Witnessing the signing of a document and signing it as a witness. Some documents, such as wills, gift deeds and mortgages, are valid only if attested by at least two witnesses.
To attest a document is to witness its signing and then sign it yourself as a witness. The witness's signature shows that the person who signed (the executant) did so in front of them, or acknowledged the signature to them.
The legal definition
Section 3 of the Transfer of Property Act, 1882 says a document is attested when two or more witnesses have each seen the executant sign or received the executant's personal acknowledgment of the signature, and each has signed in the executant's presence. The Indian Succession Act, 1925 has a similar rule for wills in Section 63.
Documents that need attestation
- A will or codicil: two witnesses.
- A gift deed of immovable property: at least two witnesses.
- A mortgage, other than by deposit of title deeds: at least two witnesses.
- Many other documents carry witness signatures by practice, which helps prove them later.
Attestation is not the same as
- Self-attestation: signing a photocopy of your own document to say it is a true copy.
- Notarisation: certification by a notary.
- Apostille or embassy attestation of documents for use abroad (see apostille).
Choosing witnesses
A witness should be an adult of sound mind who is not a beneficiary under the document, and should write their full name and address.
Checked against the sources below on 7 November 2026 IST. General information about Indian law, not legal advice for your case.