What Are the Duties of a Notary Public in India?

You may have often heard the term “get it notarized” when dealing with important paperwork like property agreements, affidavits, or applications. A Notary Public is a government-appointed official, typically a qualified lawyer, who serves as an impartial witness to the signing of these documents. The primary purpose of the duties of a notary public is to deter fraud and to ensure the authenticity and integrity of legal and financial papers. This guide will explain the key responsibilities of a notary, the legal framework they operate under, and when you might need their services.

Where are Notaries Usually Required?

Notaries are essential in situations where the authenticity of a document and the identity of the person signing it are of high importance. Their services are commonly required for legal documents such as property sale agreements, rental agreements, power of attorney documents, educational affidavits for university admissions, loan agreements, and official documents that need to be used in foreign countries. The notary’s presence adds a crucial layer of verification and trust.

Fees Charged by a Notary Public

The government regulates the fees that a Notary Public can charge for their services under the Notaries Rules to ensure they are reasonable and uniform.

Notarial Act	Typical Fee (in INR)
Taking an Affidavit or Declaration	₹15 – ₹50 per document
Certifying a Copy of a Document	₹10 per page (minimum ₹20)
Notarizing a Power of Attorney	₹50 – ₹150 per document
Notarizing Agreements or Deeds	₹50 – ₹200 per document
Protest of a Bill or Note	₹75 for noting, ₹75 for the protest

Note: These fees are indicative and based on the statutory schedule. Charges can vary slightly based on the complexity and location.

Legal Framework Governing Notaries

In India, the appointment, functions, and responsibilities of notaries are governed by a specific law called the Notaries Act, 1952, along with the Notaries Rules, 1956. This act gives the Central and State Governments the power to appoint experienced legal practitioners as notaries. The law clearly outlines their specific duties, the fees they can charge, and the official records they must maintain, ensuring a standardized and regulated process across the entire country.

Duties and Responsibilities of a Notary Public

The duties and responsibilities of a notary public are varied and crucial for the legal system. They act as public officials to ensure the proper execution of documents. Here is a detailed breakdown of the primary notary duties.

Verifying Identity and Witnessing Signatures

• Identify the Signer: The foremost duty is to verify the identity of the person signing the document through official identification like an Aadhaar card, passport, or driver’s license.
• Require Personal Appearance: The person signing the document must be physically present before the notary. This is a non-negotiable step to prevent identity fraud.
• Verifying Signatures: The notary confirms that the signature on the document belongs to the person who has appeared before them.
• Witnessing Signatures: The notary acts as an official, impartial witness to the act of signing, confirming it was done willingly and without pressure.

Administering Legal Formalities

• Administering Oaths and Affirmations: For certain legal documents, a notary has the authority to administer an oath, where the person formally swears that the contents of the document are true.
• Taking Affidavits: An affidavit is a written statement confirmed by oath. A key duty of a notary is to witness the signing of affidavits and verify that the deponent (the person making the statement) has sworn to its truthfulness.
• Placing the Signer Under Oath: This is the formal process of making a person promise that the information they are providing is accurate and true to the best of their knowledge.

Authenticating and Certifying Documents

• Authenticate Documents: A primary function is to authenticate documents, which means they check and certify that the document is a genuine and valid instrument.
• Certifying Copies of Documents: A notary can certify a photocopy of an original document as a “true copy.” This is often required when you need to submit copies of documents like your passport or educational certificates.
• Using the Notary Seal: Every notarial act is completed by applying the notary’s official signature and seal. This seal is unique to the notary and gives the document its legal validity.

Handling Specific Legal and Commercial Documents

• Powers of Attorney: A Power of Attorney is a powerful legal document that grants someone the authority to act on your behalf. Notarization is mandatory to ensure its validity.
• Contracts: Notarizing business contracts and agreements adds a layer of authenticity and helps prevent future disputes about who signed the document.
• Deed of Rectification: If there is a minor error in a registered property deed, a Deed of Rectification is created to correct it, and this document must be notarized.
• Protest Instruments: In commerce, if a financial instrument like a cheque or a bill of exchange is dishonoured (not paid), a notary can formally record this fact. This act is known as a “protest.”

Maintaining Official Records

• Maintaining Notary Documentation: Every notary is required by law to maintain a detailed register of all the notarial acts they perform. This register includes the date, the nature of the act, the names of the parties involved, and the fees charged.

Limitations of a Notary Public

While their role is significant, it is important to understand what a notary cannot do. The public notary’s duties have clear boundaries.

• A notary cannot provide legal advice or explain the contents of the document to the signer.
• A notary cannot draft a legal document for the person whose signature they are notarizing.
• A notary is forbidden from notarizing any document in which they have a personal or financial interest.
• A notary cannot proceed if the signer is not physically present before them at the time of signing.
• A notary is not allowed to predate or postdate the notarial certificate.

When Is Document Notarization Required?

Not every document needs to be notarized, but it is mandatory for those that require a high degree of legal sanctity.

• For all affidavits and declarations that will be submitted to a court of law or a government authority.
• For creating a valid Power of Attorney (PoA) document.
• For most property-related documents, such as sale agreements and deeds.
• For many documents that need to be sent and used in a foreign country (often followed by Apostille or Embassy attestation).
• For making certified “true copies” of original documents for official submissions.

Legal Importance of a Notary’s Signature and Seal

The signature and seal of a notary are not just decorative stamps; they carry immense legal value and provide several layers of protection.

• Presumption of Genuineness: Under the Indian Evidence Act, a court will presume that a document certified by a Notary Public is genuine and was executed correctly.
• Deterrence of Fraud: The process of verifying identity and requiring a personal appearance acts as a strong deterrent against forgery and identity theft.
• Admissibility as Evidence: Notarized documents are readily accepted as evidence in legal proceedings without needing further proof of execution.
• International Acceptance: The notary’s seal is the first step in the chain of legalization for documents intended for international use.

How NoBroker Can Help With Notary Services?

Many legal documents, such as rental agreements or affidavits used for address proof, require notarization to be legally enforceable and valid. While NoBroker does not provide direct notary services, our team of legal experts can assist you in drafting these crucial documents accurately. We ensure your agreements are legally sound and prepared correctly for the notarization process, which can save you significant time and help prevent potential legal disputes in the future.

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