Wednesday, May 31, 2017

Notary Service in India !!!

Notary or Notary Public is a person assigned by the Central Government or State Government under the Notaries Act, 1952. Notary or Notary Public is authorised to carry out certain legal formalities or activities. This would include drafting and validating contracts, deeds and other such legal documents. The foremost role of a Notary Public is to act as an unbiased witness while discharging fraud deterrent activities related to legaldocuments. This particular act is usually referred to as notarization.


Functions of Notary Public in India:-

Duties of a Notary public are commanded by the Notaries Act,1952, and they are:-

Certify, attest or authenticate any instrument
  • Instrument certification, attesting or authenticating instrument.
  • Translate the legal documents from one language to another and verify such documents
  • To perform the function of an arbitrator, counsellor or mediator
  • To record proof/evidence in criminal or civil trials and to act as commissioner if so directed

Significance Of Notarization:-

Rule 12 of the Notary Rules, 1956 advice that every notary shall use a plain circular seal of a diameter of 5 c.m. contains his name, the registration number, expiry date and the circumscription ‘NOTARY’, the jurisdictional area in which he has been appointed to exercise his functions, and also the name of the Government which appointed him.

The Notarial seal implies the seal of verification. It means that the facts mentioned and the signatures on the document are indeed authentic. It validates the fact that the identities of the people signing the document have been verified. It helps prevent fake documents.

If a Notary seal present in a document for any legal proceeding, it will act as confirmation for the courts that the signatures were placed by a genuine person and not forged or fabricated. It also proves that the individual was not forced into signing it. As one of the many functions of a Notary Public is to witness the notarization renders a document authentic, the document being signed, true and voluntarily drafted in many senses.

Consequences Of Not Notarizing A Document:-

No need to notarise all legal documents, but some documents should be notarised and it is mandatory. For those documents the lack of motorization can lead to the document being declared legally unenforceable or invalid. The consequences relating to notarisation vary from state to state in India. But if you do not notarize a document, its legally validity and authenticity will be doubtful.

Verify Notary public:-

Even if the Job of Notary Public is to verify the person who is getting the document notarized, there have been occasions where fake Notary Public was found to be using a fake notary seal. It has become necessary to confirm the Notary Public it. You should ensure that seal with the registration number of Notary Person is present on all documents.

 Get A Document Notarised through Licit:-  

 E-Stamp Paper (Service Charges: Stamp Duty Amt. Rs. 1 TO 100 = Rs. 10/-, Rs. 101            TO 5000 = Rs. 20/-, Above Rs. 5000 = NIL) 
Get E-stamp paper (Stamp Duty Cost + Rs 75 delivery charges) Minimum Rs.20, Enter    First Party Name, Enter Second Party Name, Enter E-Stamp Description (Affidavit / Agreement / MoU / Contract)

All your legal documentation requirements can be met with Licit. For online legal consultancies from the best lawyer and for notarising visit the biggest online legal solution or can download the app

No comments:

Post a Comment