What is Notary? Meaning, Importance, and FAQs

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 on Notarisation in India

1. What is the purpose of notarisation?

It authenticates the identity of the signer, prevents fraud, and gives legal credibility to documents for use in courts or government offices.

2. Is notarisation the same as self-attestation?

No. Self-attestation is when you sign your own document confirming its truth. Notarisation involves a government-appointed Notary Public verifying and certifying it.

3. Can digital documents be notarised online?

As of now, notarisation in India is largely physical. Some states allow e-notarisation for limited services, but you must check official portals like lawmin.gov.in or your district portal 

4. Is notarisation required for property sale deeds?

No. Property sale deeds must be registered, not just notarised. Notarisation alone does not transfer ownership.

5. Can an affidavit without notarisation be used in court?

Usually not. Affidavits must be properly signed, stamped, and notarised to be admissible in legal proceedings.

6. What's the difference between notarisation and attestation by a gazetted officer?

A notary certifies documents for legal use. A gazetted officer attests mainly for government or educational purposes, such as applying for a job or passport.

7. Can I get my document notarised in another state?

Yes, but the notary must be authorised by the Central Government or that particular state. Check the list of authorised notaries on lawmin.gov.in.

8. How long is a notarised document valid?

There's no expiry date. It remains valid unless the facts or purpose of the document change.

9. What if a notary makes a mistake?

You can file a complaint with the State or Central Notary Cell. Misconduct may lead to suspension or cancellation of the notary's licence.

10. Is notarisation required for PAN or Aadhaar-related affidavits?

Yes. Affidavits for name, address, or date-of-birth correction must be notarised to be accepted.

11. Can a notary refuse to notarise my document?

Yes, if it's incomplete, illegal, or if identity proof is missing. The notary must ensure the signer understands and signs voluntarily.

12. Can a notarised document be used abroad?

No. For foreign use, documents need apostille or consular attestation, depending on the country.

13. Is notarisation required for rental agreements?

In most states, notarisation is optional for short-term rental agreements (under 11 months). Longer ones should be registered.

14. Can an advocate notarise documents for their own clients?

Only if the advocate is also a registered Notary Public. Otherwise, their attestation won't count as notarisation.

15. Where can I verify a notary's credentials?

Visit the Department of Legal Affairs portal at lawmin.gov.in → Notary Cell section for lists of authorised notaries by state and district.