Introduction The Transfer of Property Act, 1882, hereinafter referred to as TPA, lays down the law to regulate the transfer of property between living persons.1 The TPA regulates transfer of property by providing for certain kinds of transfers-sale, mortgage, lease, exchange, gift and also provides for attestation of the instruments, by which these transfers take place. To attest is to bear witness to a fact.2 By providing for attestation, the TPA seeks to ensure that witness is borne to the fact that the transfer instrument is signed without any element of “force, fraud or undue influence”.3 The TPA while making a provision for attestation, makes attestation mandatory only in case of certain kinds of transfers-gifts and mortgages, to the exclusion of all other kinds of transfers. In this paper I argue that, considering the object with wh ....