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Kunal Khilnani (Service)     19 December 2009

which docs 2 b notarized

kindly let me know as to the execution of which documents have to be notarized ? like power of attorneys , affidavit ? i could not find any such list in the notary act or notary rules. is there any such list or schedule like in the stamp act ?


Learning

 8 Replies

A V Vishal (Advocate)     19 December 2009

Function of Notaries.-  (1) A notary may do all or any of the   following acts by virtue of his office , namely:-

(a) verify, authenticate, certify or attest the execution of any instrument.

(b) Present any promissory note, hundi or bill of exchange for acceptance or payment   or demand better security.

(c) note to protest the dishonour by non acceptance or non payment of any promissory note, hundi, bill of exchange or protest for better security or prepare acts of honour under the Negotiable Instruments Act, 1881, or serve notice of such note or protest.

(d) note and draw up ship's protest, boat's protest or protest relating to de moorage and other commercial matters.

(e)  administer oath to, or take affidavit from, any person,

(f) prepare bottom and respondent bonds, charter parties and other mercantile documents.

(g) prepare, attest or authenticate any instrument intended to take effect in any country or place outside India in such form and language as many conform to the law of the place where such deed is intended to operate.

(h) translate, and verify the translation of, any document from one language to another.

(i) any other act which may be prescribed.

(2) No act specified in sub-section (1) shall be deemed to be a notaries act except when it is done by a notary under his signature and official seal.

1 Like

(Guest)
Vishal ji rightly suggested. In one sentence notary is used for authentication of a document.

Kunal Khilnani (Service)     19 December 2009

thank you 4 your inputs, but i wanted to know whether ALL legal documents like power of attorney, agreements, affidavits have to be notarized ? is it mandatory for such documents to be notarized so that they hold valid in the court of law ?

lata (Advocate)     20 December 2009

 Yes.....all the documents r to be notarised & if not then r to b affirmed.............

Poonam Upadhyay pathak (Advocate)     20 December 2009

Agree with vishal sir and above opinions.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     20 December 2009

 

No act specified in sub-

section (1) shall be deemed to be a notaries act except when it is done by a notary under his signature and official seal.

 


Parveen Kr. Aggarwal (Advocate)     20 December 2009

It is not that all the documents are to be mandatorily notarised. Section 8(1) of the Notaries Act, 1952 specifies the functions of a notary which include verification, authentication, certification and attestation of documents besides other acts. However, no list has been appended to the Act nor such a list can be found in any other enactment specifying the documents to be compulsorily notarised.

1 Like

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     04 January 2010

I do agree with Vishal


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