In drafting commercial contracts or agreements, it is common practice to include a section for 2 (two) witnesses to attest the document below the signature block containing signatures of the parties to the document, which brings to light the question – is it a legal requirement to have witnesses attest all contracts or agreements?
To answer the same, it is important to analyze provisions under relevant statutes governing contracts and commercial agreements in India, and the decisions passed by the courts, in this regard.
While the Indian Contract Act, 1872 (“Contract Act”) provides the essentials of a valid contract, it does not mandate the attestation of contracts by witnesses[1]. Section 3 of the Transfer of Property Act, 1882 (“ToP Act”), defines the term ‘attested’ “in relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument…”
Moreover, the Indian Evidence Act, 1872 (“Evidence Act”) provides that for proof of execution of documents which are required by law to be attested[2], at least 1 (one) attesting witness is to be called upon to prove the execution of the concerned document. However, this stipulation is restricted only to documents which are “required by law to be attested”. Clarity in this regard was afforded by the 69th Report of the Fifth Law Commission of India published in May, 1977 (“Report”), which stated that only few documents are required to be attested mandatorily by law, such as[3]:
wills, as provided under Sections 57, 58 and 63 of the Indian Succession Act 1925 (“Succession Act”);
mortgages for Rs. 100 (Rupees One Hundred only) or more, as provided under Sections 58 and 59 of ToP Act; and
gifts of immovable property, as provided under Sections 123 and 124 of the ToP Act.
Tatva Legal, Hyderabad has an experienced team of corporate lawyers who, amongst other services, advise on a wide range of issues in relation to general corporate advisory including drafting, reviewing and advising on transaction documents.
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A developer’s future depends on their ability to coordinate the completion of a series of interrelated activities and delivering those events cost effectively and on time.Property development is a multifaceted process that encompasses activities that range from new property development in the rehabilitation / restoration of older properties and re-leases or re-sale of existing properties.
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must contact corporate legal advisory services when you start a legal business In today’s legal landscape, commencing a private practice as a health care service provider be it a small Clinic, individual practice, diagnostic services, a single specialty hospital or multi-specialty hospital attracts licensing and compliance requirements.
As a first step, before starting a Clinic/ hospital, it is imperative for you to become aware of the various legal requirement.
You can see below a list of the licenses you need, and the basic compliance’s which you should stick to, so you can stay on the right side of the law.Manifold business strgglue without proper legal advise, legal advisory services india provide numerous information about legaL These compliance requirements may vary depending on the services you offer.
Say, for example, if you are a dentist with an x-ray machine, then you will need to obtain a registration for using the X-Ray.
Similarly, the type of services you deliver typically enhances your own licenses.See the reference below for different health care services/ speciality and the license under relevant laws:ServiceLicense Under:Ultrasound scanningPre–natal Conception and Pre-natal Diagnostics techniques Act, 1994Admission of Physicatric CasesMental Health Act, 1987Selling Medicines/ DrugsDrugs and Cosmetics Act, 1940Transplantation of Human OrgansTransplantation of Human Organ Act, 1994Scan centers having X-RAY, CT, PET-CT etcAtomic Energy Regulatory BordBlood bank/ Blood Storage CenterDrugs and Cosmetics Act, 1940Besides the above laws, your clinic/ hospital will also need to adhere to the Clinical Establishment Act, pollution control norms, fire safety norms, and other central and state-specific labor laws.Here is the list of license you will need for the infrastructure you use for the clinic/ hospital:Approvals relating to the infrastructure:In order to run a small clinic, you will need a consulting room of a minimum of 100 square feet.
Keep in mind, for each specialty (see the list we have mentioned above) you offer the space requirement will be multiplied and it is governed under the respective laws mentioned against each specialty.The basic approvals required for the Building, if owned by you, is:Occupancy certificate.Completion certificate.Fire NOC, if the building where the clinic/ hospital is established is more than 15 meters tall.If the building/ space is taken on lease/ rent, then you will need a Lease deed/ rent agreement, which shall be renewed on expiry of the lease.
