Notarised documents
Sushil Kumar Sharma
(Querist) 10 February 2012
This query is : Resolved
Dear All Experts,
A document executed on 25 dec 2011 and being notarised on 06 Feb 2012.
Is the notary or document is Valid? please explain with reasons.
Thanks In advance!!!
M.Sheik Mohammed Ali
(Expert) 10 February 2012
maximum document valid 6 months, a document when mentioned date upto 6 months.
V R SHROFF
(Expert) 10 February 2012
yes, IF BOTH PARTIES SIGN IN PRESENCE OF NOTARY,
AND Notary put the date they signed in his presence.
It will men, the Doc was Exe on 25-12-11, and was Notarized on 6-2-12 in pr of Notary, so binding on both.
Any court will also take note of this.
Anyone can challenge it was executed on 6-2-12, with false previous date to deceive. It is a matter of fact, and party aggrieved can say so. But in no case doc was exe later than 6-2-12.
Sushil Kumar Sharma
(Querist) 10 February 2012
Thanks for your early and prompt reply Sir.
Sir, can you please explain it or provide me some reference in this regards.
Thanks
V R SHROFF
(Expert) 10 February 2012
what more expl u want? what ref??
It is self explanatory.
Deepak Nair
(Expert) 10 February 2012
It is sufficiently explained by Mr.Shroff.
Even if the date on the document is 25.12.1, the date of notary i.e. 06.02.12 will be considered as the date on which document executed.
Sailesh Kumar Shah
(Expert) 10 February 2012
Nowhere in the Notary Act, 1952 provides that notary of document shall not be allow later. Moreover go through Section 8 of the act:-
8. Functions of notaries.- (1) A notary may do all or any of the following acts by virtue of his office, namely:-
(a) verify, authenticate, certify or attest the execution of any instrument;
(b) present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security;
(c) note or protest the dishonour by non-acceptance or non-payment of any promissory note, hundi or bill of exchange or protest for better security or prepare acts of honour under the Negotiable Instruments Act, 1881 (XXVI of 1881), or serve notice of such note or protest;
(d) note and draw up ship’s protest, boat’s protest or protest relating to demurrage and other commercial matters;
(e) administer oath to, or take affidavit from, any person;
(f) prepare bottomry and respondentia bonds, charter parties and other mercantile documents;
(g) prepare, attest or authenticate any instrument intended to take effect in any country or place outside India in such form and language as may conform to the law of the place where such deed is entitled to operate;
(h) translate, and verify the translation of, any document, from one language into another;
1[(ha) act as a Commissioner to record evidence in any civil or criminal trial if so directed by any court or authority;]
1[(hb) act as an arbitrator, mediator or conciliator, if so required;]
(i) any other act which may be prescribed.
(2) No act specified in sub-section (1) shall be deemed to be a notarial act except when it is done by a notary under his signature and official seal.
So, date of notary 06.02.2012 shall be consider valid.
Ajay Bansal
(Expert) 10 February 2012
As advised above by all experts.
ajay sethi
(Expert) 10 February 2012
wella dvised by MR shroff/ Mr shailesh Shah
prabhakar singh
(Expert) 11 February 2012
Mr shailesh Shah finishes your all doubts in one stroke.
