Notary Public
Querist :
Anonymous
(Querist) 03 February 2011
This query is : Resolved
If any agreemment or saledeed or and of the deed which transfers the property is Notorised ,doesn't have a legal standing in court of law. Then what is the purpose of having a NOTORY in the first place.? Secondly,why we notorise the document ?
Jainodin shaikh
(Expert) 03 February 2011
Generally we noterise an agreement on oath. Contract of that transaction is required to be registered under the registration act, hence CONTRACTS noterised are not usefull in a court of law; it can only be treated as DOCUMENT.
Adv.Shine Thomas
(Expert) 03 February 2011
U/s 8(1)(a)of the Notaries Act 1952,notarisation of a document is verification,authentication,certification or attestation of any instrument by a notary appointed under this Act.
H.M.Patnaik
(Expert) 04 February 2011
As advised by Advocate Shine, the scope of work of a Notary is limited to what is prescribed U/s. 8(1) a of the Notaries Act.
Hence , documents or instruments that requires mandatory registration under the Registration Act like Transfer of ownership of Immovable properties needs to be duly registered with the Registering authority of competent jurisdiction.
Querist :
Anonymous
(Querist) 05 February 2011
Meaning of my question was," If notorised document doesn't hold legal standing in the court of law,then why we need notary in property transfer document?...Can we go directly for,the mandatory registration without notarising it before??
