Notary act and rules
Arvind Mahajan
(Querist) 26 August 2019
This query is : Resolved
In a property transfer case the notary attested 10 affidavits and indemnity bonds pre-signed by the Lrs, but all the documents don't bear the notarial register no. and the notarial register has no records of the said attested documents and the property gets tranferred. Can any one of the Lr's claim that the documents attested by the Notary are false and not maintainable as he never signed the documents in the presence of Notary. Moreover the Notary himself in court during his chief-examination, admitted that he sometimes makes an entry in his notarial register and sometimes not, as per his discreation. Can any criminal complaint be lodged against the notary?
Isaac Gabriel
(Expert) 26 August 2019
Your presumption is unfounded since the Notary has confirmed siganture.
Dr J C Vashista
(Expert) 27 August 2019
Show the document(s) to a local prudent lawyer for analyses and guidance.
Pre-attested document without entry in notorial register is "fake" and "fabricated".
Prima facie it is a hypothetical query.
It would be advisable to consult a local prudent lawyer for appreciation of facts/documents, guidance and proceeding.
P. Venu
(Expert) 27 August 2019
You have posted only the selected information. Unless the complete facts are posted, no meaningful suggestion is possible.
P. Venu
(Expert) 27 August 2019
You have not posted the complete facts.
kavksatyanarayana
(Expert) 27 August 2019
Ji, if the version narrated by you is genuine, you can complain against him to the Officer concerned (an officer will be appointed by Government concerned by a Notification) and you have to prove the allegations made against the Notary and after enquiry necessary action will be initiated as per Notary Rules, 1956.
