What you cannot sign electronically in India
Five categories the IT Act excludes outright, plus stamp duty and registration, which an e-signature never removes.
Electronic signatures are valid in India for most documents, but the Information Technology Act 2000 excludes a specific list, and separate laws impose requirements that signing electronically does not remove.
The excluded documents
The First Schedule to the IT Act says electronic signatures do not apply to:
- A negotiable instrument other than a cheque — a promissory note or bill of
exchange.
- A power of attorney under the Powers of Attorney Act 1882.
- A trust under the Indian Trusts Act 1882.
- A will, or any testamentary disposition, under the Indian Succession Act
1925.
- Any contract for the sale or conveyance of immovable property, or any
interest in such property.
These need wet ink, and several need attestation or registration as well. No platform can sign them for you, ours included.
Stamp duty does not go away
A document that attracts stamp duty under the Indian Stamp Act 1899 or your State's stamp act still attracts it when signed electronically. The duty is on the instrument, not on the ink.
In practice that means buying an e-stamp of the correct value, or printing on stamp paper, before execution. Several States now issue e-stamp certificates that can be attached to an electronic document.
An unstamped or under-stamped document is not automatically void, but it is generally inadmissible in evidence until the duty and a penalty are paid — which is exactly when you least want the problem.
Registration does not go away either
Section 107 of the Transfer of Property Act 1882 requires a lease of one year or more to be made by a registered instrument. That is the reason the eleven-month tenancy is so common in India, and why our starter Rent Agreement is written for eleven months and says so in the document.
Where registration is required, the parties still have to appear before the Sub-Registrar. Signing electronically first does not change that.
Where an affidavit stands
An affidavit has to be sworn before a Notary or Oath Commissioner. You can prepare and circulate it electronically, but the oath is taken in person. Our starter affidavit says this on its face rather than pretending otherwise.