Aadhaar based eSign: Valid or Invalid?

The Aadhaar based eSign has made life easy for many individuals and businesses who are now able to make a legally binding electronic signature from any part of the world.

Users just need to have a mobile phone number that is linked to Aadhaar.

The facility has clearly given a dynamic source of seamless convenience to users who otherwise had to prepare elaborate paper documents and had to schedule their time to get the essential validation from other concerning parties.

Aadhaar based eSign validity

For instance, a business which intends to get into a commercial agreement with a business organization in a different part of the country does not have to spend on various resources to do the same, they can simply click below and get the job done.

When a document is signed physically it invariably involves inventory, storage, travel and complimentary charges which are saved as the complete process can be done from any part of the world over an internet enabled device, at an almost negligible expense.

The seamless facility being legally binding according to the Information Technology Act of 2000 puts all uncertainties to rest as the eSign is valid over most verifiable documents.

Validity of eSignature In India

As implied above, the eSign can be expressly used to validate any commercial document like the ones involving but not restricted to:

  • Onboarding Documents
  • Commercial Documents
  • Vendor Agreements
  • Service Agreement
  • Employment Agreement
  • Sale Agreements For Movable Property
  • Procurement Contracts

While that should be a much welcome facility to most business or institutional processes, the eSign is yet to be accepted as a legitimate source of validation in the following cases where there is a categorical need for handwritten signatures followed by physical authentication by authorities like the Sub Registrar.

Exceptions To Validity of Aadhaar Based eSign In India

Following documents have a decided need for physical authentication from an authority at least at this time of publishing this document as we enter the first month of 2018.

1A Trust Deed

2. Power of Attorney

3. A Will or  Testament

4. A Negotiable Instrument (other than a cheque)

5. Any Contract for the Sale or conveyance of immovable property or any interest in such property

Aadhaar Based eSign : How It Works

The Aadhaar based eSign can be used conveniently when you have your phone number linked to Aadhaar. The user just needs to:

  1. Upload the document
  2. Enter the Aadhaar linked Phone Number
  3. Enter the OTP that is sent to the Phone Number
  4. Place your legally binding eSignature on the document

Once you validate the document with your eSign, you can invite the other party/parties to eSign the document by simply entering their eMail address. Once the other party receives the invitation to eSign, they follow the same process like you did to eSign the document.

The whole process is known to take around 2 minutes, an undeniably progressive process from the physical process downright.

How Secure Is The Aadhaar Based eSignature?

Indisputably secure. In fact, the eSign can be explicitly advertised as a more secure alternative to the physical (handwritten) signature as the Audit Trail, an underlying mechanism records all action over the document and proves the veracity of the eSignature in an indisputable manner.

 

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