Abu Thalha (Law) 27 April 2014

Affidavit attested by a notary without jurisdiction

A document said to have been excuted by an aged lady immobilised. She lived in Nagapattinam District. The alleged document is notarised by a notary of Thiruvaru District having no jurisdiction over Nagapattinam District though both districts are in Tamil Nadu/ The document is an affidavit said to confirm an oral gift/

What would be the validity of the document:

1. If the executant is immolised and stayed back in Nagapattinam District itself? (She died the same day of execution)

2. If she appeared before the notary in Thiruvarur in his office?

The property is situate in Nagapattinam District.

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2 Replies

N.K.Assumi (Advocate) 19 June 2014

Every Notary has it's own Jurisdictions. Some have jurisdictions all over India in the case of Notary appointed by the Central Government over whole India. In case of State it depends on the appointment specifying the Notary Jurisdictions. If the Notary has no jurisdictions in other District the Notary can not notarized the documents in question.

Sunil S Nair (lawyer) 21 June 2014

Gift Deed has to be proved may be her sign , thumb impression can be compared with any other document in hand like election card, ration card etc well if she was present before the notary then he himself can prove it with relevant entries done in his book well if all the above goes well then it is a valid prove of gift deed but it needs to be registered