Know about Notarization of Documents in India
Who is Notary?
A notary public (or notary or public notary) is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. Notary is appointed by the state or central government under Notaries Act, 1952. The Central Government may appoint a notary for the whole or any part of the country. Likewise, the state government may appoint a notary for the entire or for any part of the state.
A notary is considered an impartial witness who verifies that parties to an agreement have signed it and have entered into the agreement knowingly and willingly.
Functions of Notary
1) The purpose of notarization is to verify, authenticate, attest or certify genuineness and proper execution of documents in order to prevent fraud.
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. ‘Attest’ means to affirm to be correct, true or genuine.
2) Notary is bound to make entry of the Notarial act of certifying the copy of the document as a true copy of its original
3) He is also authorized to administer oath and take an affidavit from any person.
When is a Notarial Act completed?
1) A notarized document is complete once the notary signs it and stamps it with a notary seal, his registration number and date.
Fees of Notary
1) The notary should display his fee both inside and outside his chamber or office. In addition to the fee, the notary may also charge a travelling allowance at Rs 5 per kilometer.