Functions of Notary and Validity of Notary Public in India

Notary is person appointed by the Central Government or state Government under Notaries Act, 1952.

Functions of Notary :-

1. To verify, authenticate, certify or attest the execution of any instrument. The word instrument is defined in the Act as every document by which any right or liability is or purports to be, created, transferred, modified, limited, extended, suspended, extinguished or recorded. So every document is not an instrument, unless it confers a right or records a liability. Each word namely verify, authenticate, certify and attest has a different meaning. ‘Verify’ means checking with the facts and proof/evidence produced. ‘Authenticate’ means, the notary has assured himself of the identity of the person who has signed the instrument as well as to the fact of execution. ‘Certify’ means to confirm through a formal statement that the instrument executed possesses certain qualifications or meeting the accepted minimum standards relevant to the contents of the same. Notary is bound to make entry of the notarial act of certifying the copy of the document as a true copy of its original. ‘Attest’ means to affirm to be correct, true or genuine.

2. To administer oath to or take an affidavit from any person.

3. To translate and verify the translation, of any document from one language into another.

4. To act as commissioner, to record evidence in any civil or criminal trial if so directed by the court or authority.

5. To act as arbitrator, mediator, or conciliator if so required.

6. To do any other act which may be prescribed.

Every notarial act has to be done under his signature and notary seal with registered number and date.

The Section 139 of Code of Civil Procedure 1908 has an express provision, in this regard, where any affidavit verified by notary is admissible as evidence. Likewise, Section 297 of Code of Criminal Procedure provides for admission of affidavits verified by the notary.

The Notarial Rules 1956, has prescribed the fee for each category of act. The rule No.10 refers to the fee to be collected by the notary. He should display rates of fee charged in conspicuous space both inside and outside his chamber or office. In addition to the fee, notary may also charge the travelling allowance by train or road at Rs.5 per kilometre.

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6 thoughts on “Functions of Notary and Validity of Notary Public in India

  1. kunwar prakash singh November 26, 2015 at 2:27 am Reply

    Sir/mam ,
    I want to know that I have notary of a plot of year 1985 is it valid proof for acquiring the land or not.
    Thankyou

    • Pramod Patil November 26, 2015 at 5:41 pm Reply

      As per Section 17 of the Registration Act, 1908 which explain the the Documents which are compulsorily Registered. as you said notary of a plot of year 1985 means u have signed agreement of the said property with notary which is a valid proof of transaction and both the parties were accepted the terms and conditions mentioned in the agreement. This is valid proof of your ownership when you have 7×12 extract and mutation entries on your name. but still as per the existing practice the given document valid in nature.

  2. Sanjay February 6, 2017 at 12:54 am Reply

    In divorce cases is it notary document valid?

    • Pramod Patil February 6, 2017 at 3:55 am Reply

      Yes its valid document. Registration of document is compulsory under provision of Section 17 of Registration Act.

  3. Sanjay February 6, 2017 at 4:25 pm Reply

    Sir, shadike bad 2 month me notary karke divorce hua hai. Kya fhirse courtme divorce ke liye case karna jaruri hai?

  4. Pramod Patil February 7, 2017 at 7:11 am Reply

    Divorce will be done only by Court Order, Mutual Notary Document will not acceptable as Divorce. You can submit the notary copy in the court for the Divorce purpose with your submission along with Vakalatnama. Kindly note – Divorce order pass by Court Only. there is no other Document which will declare the Divorce between husband and wife.

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