Notarised registration of affidavit
Kapil Tiwari
(Querist) 11 November 2014
This query is : Resolved
Dear Sirs, when my relative in Mumbai made an Affidavit on a 100 Re. "franked" paper and went to get it notarised, the notary did the following: (1) put his stamp on all pages. The stamp has his name and registration number, (2) affixed a red seal (sticker) on the first page, which also bears his name and registration number, (3) affixed 5 stamps on the first page. Each stamp is of Rs.5/- and "Notarial" is mentioned on these stamps. Hence, total value of "Notarial" stamps affixed was Rs. 25/-.
When my second relative in Jaipur went for notarisation of an affidavit on a 100 Re. stamp paper, the Notary did not affix the (1) Red seal (sticker), and also did not affix the (2)Rs. 25/- stamps with "Notarial" printed on them.
My queries are:
1) What is the correct term for the red seal?
2) What is the correct term for the stamps with "Notarial" printed on them?
3) Is it possible that the red seal and the "Notarial" stamps are applicable in Maharashtra and not in Rajasthan?
4) Is an Affidavit invalid without the red seal and the "Notarial" stamps?
Thanks.
Isaac Gabriel
(Expert) 11 November 2014
It is sufficient to swear in Non-judicial stamp paper countersigned by the notary with his seal.But it may differ in accordance with the requirements and instructions for the purpose.
Kapil Tiwari
(Querist) 11 November 2014
Thanks Issac Sir. Sir, in Maharashtra, the Notary always affixes the Red Seal and the "Notarial Stamps".
In Rajasthan, the Notary has not affixed them, although he has signed and also stamped his seal (from a blue stamp pad) on the Affidavit. The blue ink stamp bears his name and registration number. Will this suffice and the Affidavit will still be considered valid?
Thanks.
Suhail A.Siddiqui
(Expert) 11 November 2014
Notarial Stamp is mandatory for attestation made by Notary other wise all correct.
ajay sethi
(Expert) 11 November 2014
maybe in rajasthan practise differs .
generally in maharashtra red seal is affixed and notarial stamps affixed on affidavit. stamps would be required for attestation purposes
Kapil Tiwari
(Querist) 12 November 2014
Thank you Suhail Sir and Ajay Sir. I have insisted that they affix 5 notarial stamps, each of Rs.5/- (total Rs.25/-) whether applicable in Rajasthan or not. If affixing the stamps is applicable and valid in Rajasthan, it's good. If not applicable, then too, affixing of the notarial stamps is harmless. By the way, the Affidavit is required for a property situated in Maharashtra but is being called for from Rajasthan because my relative permanently resides in Rajasthan and is unable to come to Mumbai to execute the Affidavit. Regarding the "red seal", I have been informed by two advocates (in Rajasthan) that it is not a practice to affix it in Rajasthan. Hence, I am just concentrating on getting the notarial stamps affixed. Hope I am on the right track. Thanks.
Kapil Tiwari
(Querist) 14 November 2014
Thank you very much Suhail Sir!
T. Kalaiselvan, Advocate
(Expert) 15 November 2014
Fixing notarial stamps on such affidavits differs from one state to another. In Tamilnadu, not all notaries affix the notarial stamps on all those documents presented before them for attestation or notarisation. There is nothing wrong int until there is no signature of the notary after rubber stamping it.
Kapil Tiwari
(Querist) 16 November 2014
Many thanks for the clarification, Kalaiselvan Sir. Well understood.
Kapil Tiwari
(Querist) 23 November 2014
Dear Sirs, we received the Notarised Affidavit from Rajasthan. The lawyer in Mumbai outright rejected the document because of the following:
1) In the Affidavit notarised in Rajasthan, the Notary has has put the following stamp on each page: "ATTESTED.....NOTARY PUBLIC JAIPUR (RAJ.)" and signed it. The Mumbai lawyer informed that the Notary should not have used this Attestation stamp at all. The Mumbai lawyer informed that where the Affidavit ends, the Notary should put the following stamp:"BEFORE ME......Name of Notary, Advocate & Notary/ Govt. of India, Address of Notary" and sign it. This stamp should appear ONLY ONCE on the page where the Affidavit ends, not on every page. According to the Mumbai lawyer the "ATTESTED" stamp is wrong and only the "BEFORE ME" stamp is valid for Affidavits. Dear Sirs, kindly advise.
2) The Mumbai lawyer further informed that the Red Notarial seal is compulsory in Mumbai and the Rajasthan Notary should be requested to affix it and put his blue ink seal over it (if the Red Seal is not already emborsed with his name, registration number, etc.).
3) We had already requested the Rajasthan Notary to put his round blue ink seal on every page and also affix Rs. 25 Notarial stamps on the Affidavit. Hence this did not pose a problem.
I will be grateful, dear Sirs, for your guidance.
Guest
(Expert) 23 November 2014
Dear Author,How the Advocate of Mumbai is connected to your matters and why he should reject the same and with what authority could you explain please The modus operandi might vary in states but it can not be treated as invalid.
Kapil Tiwari
(Querist) 23 November 2014
N.J.S. Rajkumar, Sir, the lawyer in Mumbai stated that if we do not follow the way Notarisation is done as per the modus operandi in Maharashtra, it may be treated as void. The property for which the Affidavit is required is situated in Maharashtra. Hence, the Affidavit should be notarised, as far as possible, the way it is done in Maharashtra...I have still not understood the difference in notarisation where the Notary puts an "ATTESTED" stamp and where he puts the "BEFORE ME" stamp. I would be grateful if you could clarify and guide me in this regard.
Guest
(Expert) 24 November 2014
No doubt the Notary Public in different style in different states are certainly Valid.
Kapil Tiwari
(Querist) 25 November 2014
N.J.S. Rajkumar Sir, many thanks for your reply. One query I request you to address is: What is the difference between an "ATTESTED" stamp and a "BEFORE ME" stamp and which one is the correct one to be put on an Affidavit by a Notary? Thanks.
Guest
(Expert) 25 November 2014
Both are correct and legally valid
Isaac Gabriel
(Expert) 25 November 2014
Attested refers that the originals of document were verified before singing, whereas 'Before me' denotes that the person whose signature verified appeared in person before the Notary.
V R SHROFF
(Expert) 25 November 2014
: Isaac Gabriel
reply is correct & to the point.
BEFORE ME
WITH REGISTER NO. IS BEST
Kapil Tiwari
(Querist) 25 November 2014
Thank you very much N.J.S. Rajkumar Sir, Issac Sir and V.R. Shroff Sir. I infer that while there may be different methods of notarising Affidavits, the best way is:
1) It should be "BEFORE ME" stamped
2) It should be recorded in the Notary's Register and the Notarial Register Serial number should appear on the Affidavit
3) Notarial stamps (of Rs. 25/-) are a must
4) The Red Notary Seal on the first page is essential
4) The Notary's blue ink Seal should be affixed on all the pages
Kindly advise if these four points are taken care of, the Affidavit will be fully legal and acceptable in Maharashtra (as already informed, the Notarial procedure is taking place in Rajasthan but the Affidavit is required for a property which is situated in Mumbai).
Many thanks for your guidance.
