A Notary Public is a legal professional by the government of India who's allowed to have verification, certification, and attestation performed on documents. That means just about anything from affidavits to agreements – there's a seal of legality attached. If you are a lawyer wanting to become a notary, you have to go through a well-laid procedure of application as per the Notaries Act, 1952 and Under Notaries Rules, 1956.
Step-by-Step Process
1. Check Eligibility
- You must be a practising advocate with at least 10 years of experience (7 years for SC/ST, women, and OBC candidates).
- Retired judicial officers and certain legal officers of government institutions can also apply.
2. Collect Required Documents
- Proof of legal practice (Bar Council enrolment certificate).
- Experience certificate issued by courts or authorities.
- Identity and address proof.
- Application in Form I as per Notaries Rules.
3. Submit Application
- Application is made to the Central Government (for all-India notaries) or State Government (for a specific state).
- Fee: ₹1,000 (Central) or as fixed by respective State Governments.
4. Verification and Enquiry
- The government verifies your professional conduct, standing, and need for a notary in your area.
- Local bar associations may also be consulted.
5. Appointment and Certificate
- If approved, your name is entered into the Register of Notaries.
- You receive a Certificate of Practice, valid for 5 years.
- After expiry, you must apply for renewal.
6. Seal and Register
- You must have an official notary seal.
- Maintain a register of notarial acts, which may be inspected by authorities.
Duties of a Notary
- Attesting affidavits, powers of attorney, and agreements.
- Verifying signatures and certifying documents.
- Administering oaths.
- Authenticating property documents, wills, and business contracts.
Frequently Asked Questions
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Q1. Who can become a notary in India?
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A practising advocate with the required years of experience or retired judicial/legal officers.
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Q2. Is there an age limit?
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No specific maximum age, but you must be in active practice.
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Q3. Can a fresh law graduate apply?
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No, minimum experience is mandatory.
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Q4. What is the tenure of a notary licence?
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Five years, renewable.
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Q5. Where do I apply?
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To the Central or State Government, depending on jurisdiction preference.
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Q6. What is Form I?
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The prescribed application form under Notaries Rules, 1956.
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Q7. Can one apply online?
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Some states allow online submission via their law department portals.
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Q8. How long does approval take?
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Usually 6–12 months, depending on verification.
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Q9. Can government employees apply?
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Yes, if they served as legal officers or judicial officers.
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Q10. What is the official fee charged by a notary to the public?
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It is fixed under government rules (e.g., ₹15 for attesting an affidavit, ₹100 for certifying a will).
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Q11. Can a notary practise across India?
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Only if appointed by the Central Government. State-appointed notaries have jurisdiction within that state.
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Q12. Do notaries need an office?
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Yes, you must maintain a place of business accessible to the public.
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Q13. Can a notary refuse service?
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Yes, if the act is illegal or fraudulent.
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Q14. Can a notary certify educational certificates?
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Yes, provided originals are verified.
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Q15. What happens if a notary misuses authority?
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License can be suspended or cancelled after inquiry.
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Q16. What is the renewal fee?
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₹500 for renewal (Central). States may vary.
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Q17. Can a suspended advocate be a notary?
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No, professional standing is essential.
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Q18. How many notaries are appointed?
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Numbers are limited, based on need in each area.
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Q19. Is notary service different from oath commissioner?
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Yes. Oath commissioners only administer oaths, while notaries have wider powers.
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Q20. What seal does a notary use?
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A round seal with their name, registration number, and jurisdiction.
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