Difference Between Registration Of Documents & Attestation Of Documents

Registration is the process of recording a document with a recognized officer and safeguarding its original copies whereas Attestation of the document is done for ensuring the validity of the document.

Registration

The Registration Act, 1908 serves the purpose of proper recording and registration of documents/instruments, which gives them more authenticity.

Hon’ble Supreme Court in case of Suraj Lamp and Industries Pvt. Ltd. versus State of Haryana and Another AIR 2012 SC 206, states as under:

“The Registration Act, 1908, was enacted with the intention of providing orderliness, discipline and public notice in regard to transactions relating to immovable property and protection from fraud and forgery of documents of transfer.”

There are two kinds of registration according to The Registration Act, 1908 namely “Mandatory Registration” [Section 17] and “Optional Registration”[Section 18].

Limitation for registration of a document under Section 23 of the Act, subject to certain exceptions, any document other than a Will has to be presented for registration within four months from the date of its execution. The term ‘execution’ means the signing of the agreement.

Attestation

The main purpose of the attestation of a document is to authorize it. Under section 90 of the Indian Evidence Act, 1872, attestation of a document is related to the person who is in the custody of any important document, the court assumes that the person who signs or any other part of the document is properly attested or executed by the person because of his signature.

However, this assumption is not to be done in the case of any detention or in cases where the written statement is relied upon by the plaintiff as per section 90A(2) of the Indian Evidence Act,1872.

• Under section 70 of the Indian Evidence Act, 1872, an attested document is sufficient proof.

• Attestation of a document is done by an authorized person or department who has an official seal and signature.

• Through attesting the certificates, the authority who issued the certificate gets confirmed about its validity and if any wrong information is given by the person it can be easily verified.

• Self Attestation is a method of verification of a document by the applicant himself/herself. It is done by taking a photocopy of a document and then self-certifying by affixing a signature on it and writing 'true copy' or 'self-attested if required.

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