However, some financial institutions insist that the contract of sale reflect an identifiable witness before considering a request for financing from the buyer. Contract of Sale or Contract of Sale – Objection that the contract of sale was a complete sale and that it was a deed of sale cannot be accepted for the simple reason that said contract /contract of sale was not registered and even the same was not on the correct stamp duty and as such the same is not allowed as proof and can only be used for secondary purposes. We are often faced with the question of whether a witness should sign an offer to buy or sell. There are often two fields of agreement that a witness can sign in addition to the person signing the agreement (or the legal entity signing the agreement). Does the law require a witness to sign? This will be an even more important issue, especially if the agreement is signed with an electronic signature, as it is difficult for a witness to see someone else signing with an electronic signature. They are often not in the same physical place or in the physical presence of the other. For this reason, the name and contact details of the witness must appear on the contract in addition to his signature. Agreement on sale – In the light of the amended provisions of the Registration Act, it is clear that the sale agreement concluded between the parties for the sale and purchase of land does not require registration – There is no requirement for the scribe to have a valid licence for this purpose – The parties themselves may establish conditions relating to the sale and purchase of the land – It is set out in the minutes The applicants marked their presence on the date of destination, but the complainant did not come forward – the defendant could not plead, as such a remedy was available to the defendant only in the event that the sales agreement was authorized – Registration Act, 1908 (16 of 1908). (2018-3) Punjab Law Reporter If a party to a contract disputes its signature and the contract has not been attested, the witness cannot be traced or it turns out that the party did not actually sign it in the presence of the alleged witness, the evidence of forensic writing experts is often used when trying to prove the authenticity of the signature on a contract There is nothing in the law, that an act of purchase or an offer to purchase must be testified, but it is proposed that it be signed before two competent and identifiable witnesses.
Similarly, any interconnection or modification of the contract or offer to purchase should also be initialled by the parties and witnesses in order to draw attention to future disputes in this regard. The signature of a witness can be useful for evidenting purposes.