Notary on forged documents
kishore patel
(Querist) 04 May 2013
This query is : Resolved
TENANCY AGREEMENT IS NOTARISED IN THE YEAR 2007 WHICH IS EVEN BACK DATED NOTARY. BY A NOTARY BUT ONE OF THE LANDLORS /DEPONENT WAS EXPIRED IN THE YEAR 2000. NOTARY ATTESTED THE PAPER STATING THE DEPONENT WAS PRESENT. NOTARY IS NOT READY TO SUBMIT HIS SAY DESPITE REPEATED REQUEST. CAN A COMPLAINT BE FILED AGAINST THE NOTARY FOR CARRYING OUT NOTARIAL ACT FALSELY STATING THAT THE DEPONENT WAS PRESENT BEFORE HIM? WITH WHOM TO FILE THE COMPLAINT?
ajay sethi
(Expert) 05 May 2013
lodge complaint with state goverment as provided under rule 13 of the notaries rules . if prima facie case is made out after inquiry then state goverment can suspend him or cancel his name from practise and perpetually debar him from practise
ajay sethi
(Expert) 05 May 2013
2[13. Inquiry into the allegations of professional or other misconduct of a notary.- 3[(1) An inquiry into the misconduct of a notary may be initiated either suo motu by the appropriate Government or on a complaint received in Form XIII.]
(2) Every such complaint shall contain the following particulars, namely:-
(a) the acts and omissions which, if proved, would render the person complained against unfit to be a notary;
(b) the oral or documentary evidence relied upon in support of the allegations made in the complaint.
(3) The appropriate Government shall return a complaint which is not in the proper Form or which does not contain the aforesaid particulars to the complainant for representation after compliance with such objections and within such times as the appropriate government may specify:
Provided that if the subject-matter in a complaint is, in the opinion of the said Government substantially the same as or covered by, any previous complaint and if there is no additional ground, the said Government shall file the said complaint without any further action and inform the complainant accordingly.
(4) Within sixty days ordinarily of the receipt of complaint, the appropriate Government shall send a copy thereof to the notary at his address as entered in the Register of Notaries.
4[(4A) Where an inquiry is initiated, suo motu by the appropriate Government, the appropriate Government shall send to the notary a statement specifying the charge or charges against him, together with particulars of the oral or documentary evidence relied upon in support of such charge or charges.]
(5) 1[ A notary against whom an inquiry has been initiated may, within fourteen days of the service on him of a copy of the complaint under sub-rule (4) or of the statement of the charges under sub-rule (4A), as the case may be,] or within such time as may be extended by the appropriate Government, forward to that Government a written statement in his defence verified in the same manner as a pleading in a civil court.
(6) If on a perusal of 1[ the written statement,] if any, of the notary concerned and other relevant documents and papers, the appropriate Government consider that there is a prima facie case against such notary, the appropriate Government shall cause an inquiry to be made in the matter by the competent authority. If the appropriate Government is of the opinion that there is no prima facie case against the notary concerned, 2[the complaint or charge shall be filed] and the complainant and the notary concerned shall be informed accordingly.
[(7) Every notice issued to a notary under this rule shall be sent to him by registered post. If any such notice is returned unserved with an endorsement indicating that the addressee has refused to accept the notice or the notice is not returned unserved within a period of thirty days from the date of its despatch, the notice shall be deemed to have been duly served upon the notary.]
(8) It shall be the duty of the appropriate Government to place before the competent authority all facts brought to its knowledge which are relevant for the purpose of an inquiry by the competent authority.
(9) A notary who is proceeded against shall have right to defend himself before the competent authority either in person or through a legal practitioner or any other notary.
(10) Except as otherwise provided in these rules, the competent authority shall have the power to regulate his procedure relating to the inquiry in such manner as he considers necessary and during the course of inquiry, may examine witnesses and receive any other oral or documentary evidence.
(11) The competent authority shall submit his report to the Government entrusting him with the inquiry.
(12) (a) The appropriate Government shall consider the report of the competent authority, and if in its opinion a further inquiry is necessary, may cause such further inquiry to be made and a further report submitted by the competent authority.
(b) If after considering the report of the competent authority, the appropriate Government is of the opinion that action should be taken against the notary the appropriate Government may make an order-
(i) Cancelling the certificate of practice and perpetually debarring the notary from practice; or
(ii) suspending him from practice for a specified period; or
(iii) letting him off with a warning, according to the nature and gravity of the misconduct of the notary proved.
(13) Notification of removal- The removal of the name of any notary from the Register of Notaries from practice, as the case may be, shall be notified in Official Gazette and shall also be communicated in writing to the notary concerned.]
prabhakar singh
(Expert) 05 May 2013
Right is Mr.Sethi whose work gets complete with below form.
FORM XIII
COMPLAINT
Before the appropriate government under the Notaries Act, 1952(53 of
1952)
Between.................................................petitioner
and.....................................................respondent
Petitioner's address:
Respondent's address:
Particulars of complaint in
paragraphs consecutively numbered.....................................
Particulars of evidence oral and documentary, if any, to substantiate the complaint.................................
Verification
I,.............., the petitioner do hereby declare that what is stated above is true to the best of my information and belief.
Verified today the................day of.............20........at.....
kishore patel
(Querist) 05 May 2013
Thanx a kot sir.Very precuse n rugt direction for me. Thank you very much.
ajay sethi
(Expert) 06 May 2013
thanks for your appreciation
