In India, every process of notarisation is mandatory for the authentic legalisation of documents. Whether it is an affidavit, an agreement or a power of attorney, a Notary Public holds an important place in verifying and certifying these documents.
However, there is much confusion in the minds of people with regard to what really is a notary, when and how it is used according to Indian law. This article clears everything that summarises the need for notarisation.
What is a Notary?
A notary (or notary public) is a legally authorised officer appointed either by the central or state government under the Notaries Act, 1952.
Their primary duties include:
- Verification of documents
- Attestation of signatures
- Administration of oaths
- Certification of copies of documents
- Prevention of fraud in legal matters
Every notarised document will thereafter have legal value and can serve as evidence before courts or any government office.
Why is Notarisation Important?
- Hold authenticity of Record: All notarized documents are deemed credible.
- Fraud Prevention: The notary recognises the identity of an individual and guarantees that no one has been forced.
- Legal Requirement: Documents (in particular Power of Attorney and affidavits) require notarisation under law.
- Admissible in Court: A notarised document is prima facie evidence unless rebutted.
Who Can Become a Notary in India?
According to the Notaries Act, 1952, a person must:
- Be a practising advocate for at least 10 years.
- Apply to the Central or State Government.
- Get a Notary Certificate after selection.
Common Documents that Need Notarization
- Affidavits
- Power of Attorney
- Sale Agreements (for property)
- Rental Agreements (optional in some cases)
- Identity affidavits
- Copies of Educational Certificates
Types of Notarization
- Attestation: Verifying signatures and documents.
- Administering an Oath: For affidavits or declarations.
- Certifying Copies: Declaring copies of original documents as true.
- Acknowledgement: Confirming that a person willingly signed a document.
How Much Does a Notary Charge?
Notary fees are regulated by the Notaries Rules, 1956. As of now:
- Attestation of signatures: ₹15 to ₹25 per document
- Certifying copies: ₹15 to ₹25 per document
- Administering oath: ₹15 per person
(Note: Charges can slightly vary by state and city.)
FAQs about Notary in India
1. Is a notary mandatory for all legal documents?
No. Only certain documents, like affidavits, powers of attorney, and some agreements, legally require notarisation. For many private contracts (like a basic agreement between two people), notarisation is recommended but not mandatory.
2. Is notarisation equal to registration?
No.
Notarisation: Verifies authenticity through a notary.
Registration: Legally records the document with the Registrar Office (under the Registration Act, 1908). For example, property sale deeds must be registered, not just notarised.
3. Can a notarised document be challenged in court?
Yes. Notarisation makes a document strong proof, but if someone can prove fraud or coercion, the document can be challenged.
4. Where can I find a notary near me?
You can find notaries:
- Outside district courts, civil courts, and sub-registrar offices.
- Some lawyers also provide notary services.
5. What happens if I do not notarise a required document?
If notarisation is legally required and you don't do it:
- Your document may not be accepted in court or by government offices.
- It could be considered invalid or unauthenticated.
Conclusion
Getting a document notarised is a simple but very important legal step that can protect you from fraud, disputes, and future legal problems.
Whether you are preparing an affidavit, a power of attorney, or certifying educational documents, make sure to notarise them properly.
Understanding when and why notarisation is needed saves you from unnecessary trouble and adds great value to your important papers!
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