Who is a Notary? As per Indian Law, a person who is a lawyer and who is authorized to carry out certain legal formalities/activities including drawing up or validating contracts, deeds and other such legal documents is a Notary Public or a Notary.
Who can notarize a document in India?
Such an act is usually referred to as notarization. The Central Government, for the whole or any part of India, and any State Government, for the whole or any part of the State, may appoint any legal practitioners or other persons as notaries, who possess such qualifications as may be prescribed (Section 3 of the Act).
Can all lawyers notarize documents?
Not all persons are authorized to notarize documents. Under the 2004 Rules on Notarial Practice (A.M. No. … Thus, even if a private lawyer is granted a notarial commission, but he exercises it outside of the jurisdiction of the commissioning court, he conclusively acts without authority.
Is a notarized power of attorney legal in India?
Registration of power of attorney is optional In India, where the ‘Registration Act, 1908’, is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent.
What is the purpose of having a document notarized?
Notarization is the official fraud-deterrent process that assures the parties of a transaction that a document is authentic, and can be trusted. It is a three-part process, performed by a Notary Public, that includes of vetting, certifying and record-keeping.
Is a notary a gazetted officer?
The term “gazetted officer”, of course, is not defined in the Notaries Act or in the Passports Act. … A notary is a professional, and is not an officer of the Government. The sine qua non of a person being a gazetted officer is his being an officer of the Central or State Government.
How much does a bank charge to notarize?
Banks can notarize your documents for free. If you need to get a document notarized, a simple, free solution can usually be found at the nearest branch of your bank. The process is typically very simple. Present the documentto a notary public and sign it in his or her presence.
Can you notarize a scanned document?
FAQ / Can I notarize a fax or a photocopy? A photocopy or fax may be notarized, but only if it bears an original signature. That is, the copy must have been signed with pen and ink. A photocopied or faxed signature may never be notarized.
Can I notarize a document dated in the past?
Yes. If the document is dated in the future, there is nothing in the law that prohibits you from notarizing it as long as you clearly indicate the date you notarized the signature of the signer on the notarial certificate.
Is it mandatory to notarize power of attorney?
The attestation of power of attorney is not compulsory . However, it is advisable to get the document attested by two witnesses. … A power of attorney attracts stamp duty which varies from State to State. Article 41 of the Karnataka Stamp Act prescribes the stamp duty leviable.
What is difference between notary and registration?
Authenticity – Registered documents are more authentic as one copy stays in the government database which could be a strong proof of the transaction between the parties. In the process of Notarization, only a short description of the document is maintained.
Is a power of attorney valid if not registered?
In order for a Lasting Power of Attorney to be valid and be used by the Attorney it must be registered. … If there is a delay in registering the Lasting Power of Attorney and it is found that there are errors then the Donor might then no longer have the mental capacity to make a new Lasting Power of Attorney.
What is the correct way to notarize a document?
5 Steps To A Proper Notarization
- Step 1: Require Personal Appearance. Almost every state requires the signer to personally appear before you during the notarization. …
- Step 2: Check Over The Document. …
- Step 3: Carefully Identify The Signer. …
- Step 4: Record Your Journal Entry. …
- Step 5: Complete The Notarial Certificate.
Do I need to notarize every page?
You can not notarize every page of a document. However, you can use an embosser seal to make an inkless raised impression in all of the pages of a document you notarized, to safeguard from pages being switched after the fact.
How does notarizing work?
How Notarization Works. The notarization process is typically simple. You present a document to a notary public and sign it in their presence. After that, the notary officially notarizes the document using an official stamp, writes in the date, and adds their own signature.