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 practicing 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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