Notary without notary register is illegal?
Deeksha nayyer
(Querist) 03 May 2020
This query is : Resolved
Hello dear lawyers,
My Question is that is it illegal for a notary public to Stamp and notarize the deed without registering all the details in notary register and get the signatures of all the executors of deed.
This is mentioned in Notary Act 1956.
I have a civil case going on and I have to file a criminal case now, Can i make the notary public a party.Because in my civil case some very important deeds are notarized without our consent. In fact we were not present at that time.
THIS ACT OF NOTARY PUBLIC ILLEGAL? OR NOT?
WHAT REMEDIES DO I HAVE?
Guest
(Expert) 04 May 2020
Keeping a Journal Record of Notarization is Legal Mandatory.. Incomplete journal entries are Red Flags that could call in to question of their Notary Practices. Discuss with your Advocate in detail and proceed Legally.
Dr J C Vashista
(Expert) 04 May 2020
The notary public is bound to register the document signed which has been attested by him, accordingly he is a party to the document. If the notary has ignored to register the document, it is a invalid, illegal and fraud committed by him for which he can be booked.
Before filing a complaint you are required to bring the fact to the notice (in writing) of the concerned court.
Raj Kumar Makkad
(Expert) 04 May 2020
There are two different aspects of your query. One is violation of Notary Act by the Notary Public by not entering the notarization is the prescribed register and second is notarization of the documents in your absence.
So far the repurcussions of first part is concerned, the written complaint can be made to the appointing authority of such Notary Public seeking due action as per law but so far as second aspect of your query is concerned, who ttold you that personal presence of the party to whom such documents belong is required to come present in person before the Notary Public?
The Notary Public is not concerned who brought the documents for the notarization. He is concerned only with the comparison of the documents, irrespective of the fact who has brought the same before him. The consequences of the lapses to enter the same in the prescribed register by such Notary Public have already been told to you.
KISHAN DUTT KALASKAR
(Expert) 04 May 2020
Dear Sir,
I agree with the opinions of above Experts. Please follow their guidelines.
R.K Nanda
(Expert) 04 May 2020
Act of NP is illegal.
Rajendra K Goyal
(Expert) 04 May 2020
Yes it is necessary to enter all details in register.
As per Rule 14 of the Notary Rules 1956 (published by Ministry of Legal Affairs.) a return of all the work done in the year has to be submitted to appropriate authority annually on form No XIV.
If such return not sent, it is irregular.
Rajendra K Goyal
(Expert) 04 May 2020
You can lodge a complaint of the Notary to the appropriate Authority on form XIII (form can be taken from Notary Rules 1956 published by Ministry of Legal Affairs.)
P. Venu
(Expert) 05 May 2020
What had been the nature of notarization? In circumstances, such as execution of a deed or affidavit, the presence of the party is indispensable. Before proceeding further, it would be better if a copy of the prescribed return is obtained from the prescribed authority under the RTI Act and the certainty alleged lapse in notarization ascertained.
