Documents registrable can't be notarized before registration
meenakshi nagori
(Querist) 07 September 2017
This query is : Resolved
As per section 17 of Registration Act, 1908, certain documents are compulsorily registrable read with section 23" time limit for registering documents is given which read as:
"23. Time for presenting documents:
Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution:
PROVIDED that a copy of a decree or order may be presented within four months from the date on which the decree or order was made or, where it is appealable, within four months from the day on which it becomes final."
That means any document which is required to be registered can be presented for registration within 4 months from the date of it's execution. Which makes it clear that there can be two different events i.e. first execution and second registration. How a document can be executed is by signing of the document and witnessing. Notary is also a witness. My question is:
1) if at the time of it's execution, the document is notarized and then within 4 months it is presented for registration it is equally valid,
2) why experts on lawyersclubindia.com says that a document compulsorily regisrable can't be notarized?
Regards/-
Advocate & Notary Meenakshi Nagori
Rajendra K Goyal
(Expert) 07 September 2017
Academic query.
State material facts of the problem if any.
How are you concerned / related with the query?
Looks like examination question.
May post in forum section.
kavksatyanarayana
(Expert) 07 September 2017
Yes. It is not an exam paper and it is not a legal query. However, under Sub-rule (8) of Rule 11 of Notary Rules, 1956: The notary may (1) draw, attest or certify documents under his official seal including conveyance of properties; (2) note and certify the general transactions relating to negotiable instruments; (3) prepare a Will or other testamentary documents; and (4) prepare and take affidavits for various purposes for his notarial acts.
R.K Nanda
(Expert) 08 September 2017
academic query only.
