Duties of the Notary Public of India
Milind Phope
(Querist) 26 December 2010
This query is : Resolved
I have an affedavit duely typed ,made on Rs.100/-Stamp-paper,without anybody's signature anywhere, but still the notary has notarised the document and put court-fee stamps and his legal seal and signed it alongwith small stamp says "BEFORE ME".What action should be taken in this regard.?
SAANJAAY GUPTAA
(Expert) 27 December 2010
every affidavit has to be solemnised before the Notary public or before the 1st class magistrate, its ok to make your document valid in the eye of law.
adv. rajeev ( rajoo )
(Expert) 27 December 2010
You can make complaint to the High Court, state bar council.
It happens everywhere because of competition. I had got 12 notary singed blank stamp paper. I could have done whatever I wanted to do, but only on the humanitarian grounds I warned him, he is none other than my friend and my income tax client.
s.subramanian
(Expert) 27 December 2010
It is illegal to do so. If you desire,you can take necessary action on that vigourously.
Advocate. Arunagiri
(Expert) 27 December 2010
The deponent has to sign first and then only the notary will sign.
If the notary had signed without the deponent's signature it is very bad. It would have been done because of the trust on the person who obtained the signature.
Gulshan Tanwar
(Expert) 28 December 2010
This is common practice as Notaries are in relations with chamber Advocates and thus seeing that somebody is coming from their side, they sign it without knowing the implications.
Milind Phope
(Querist) 28 December 2010
May be in faith,or trust ,or even knowing somebody,if the public Notary undertakes this practice against the law,then he or she, may also,do this for financial reasons, under pretext to help somebody or to do a personal favour...But....My ouestion was "If Public Notary is functioning against the country law,what action should be taken in this regard.?
Arun Kumar Bhagat
(Expert) 02 January 2011
If no harm is done, no action lies. It shall be construed as oversight.
