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Vibhav   02 September 2024

Do notaries require both parties to an agreement be present at the same time for notarizing?

Do notaries require both persons to an agreement be present at the same time for notarizing?

If one party goes to the Notary, signs the agreement, leaves it with the notary and then the second person goes to the notary and signs it later, is there any illegalities in such a procedure to question the validity of the notarized document? 

 



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 10 Replies

T. Kalaiselvan, Advocate (Advocate)     02 September 2024

It is essential that both the parties are required to sign before notary public to affirm the contents and their signature in the agreement.

1 Like

Vibhav   02 September 2024

Thank you advocate Kalaiselvan.  I have evidence that both parties were not present at the same time. Does that make the Agreement's notarization aspect null and void? And if so, under which provision of the law? Notary Act? Or any other act? This information would be extremely USEFUL.

Highly appreciate your continued help.

T. Kalaiselvan, Advocate (Advocate)     02 September 2024

Notarization is a key part of the signing process for many official documents and contracts, including legal documents and real estate transactions. Notaries are responsible for: 
  • Verifying the signer's identity 
     
    Witnessing the signature 
     
    Ensuring the signer is aware of the document's contents 
     
    Making sure the document is free of alterations or blank spaces 
     
    Adding their signature and seal to the document 
     
Notaries can be held liable for damages or criminal penalties if they notarize a signature that was not provided in their presence or that they know is not authentic. 
 
Legal documents are notarized to ensure that transactions are properly executed and to deter fraud. When verifying the authenticity of documents, notaries are required to identify signatories to a document to weed out impostors and to ensure that parties enter into an agreement willingly and knowingly.
 
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Vibhav   02 September 2024

Thank you so much. Very useful. Highly appreciate the efforts taken to reply.

T. Kalaiselvan, Advocate (Advocate)     02 September 2024

You are welcome for your appreciations. 

P. Venu (Advocate)     03 September 2024

Certainly, it is the legal requirement that the parties need to sign the document in the presence of the notary. However, to my knowledge, there is no requirement that all the parties ought to be present at the same time.

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Vibhav   03 September 2024

If both parties are not present at the same time the reliability will be somewhat compromised I think. Specifically if parties come days apart, then the date of the document certainly becomes a disputed subject. But I think that there is no provision in the law to address such issues of Notarization.

T. Kalaiselvan, Advocate (Advocate)     03 September 2024

If we keep suspecting unsustainable issues then we may not be able to proceed or see any progress in matter at hand, hence at times we may have to be little flexible in our approach to certain extent.

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 September 2024

There are some documents that are to be executed in front of the notary. There are other type of documents already executed by the parties with or without witnesses and the got notarised by a notary. The query here applies only to the former type of documents. Such documents are later produced elsewhere as evidence. The former type of documents may not have been actually signed by both the parties at the same time and got notarized. But it will not be evident from the appearance of the document itself and it will be difficult to prove otherwise unless the parties themselves and their witnesses, if any and the notary refute.

Wills have to be signed by the testators in the presence of witnesses. But if it was not done so but the witnesses affirm that it was signed in their presence nothing can be done.

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Vibhav   04 September 2024

Good classification. I am referring to the former type. 

..."But it will not be evident from the appearance of the document itself and it will be difficult to prove otherwise..." Here one party is refuting but the notary will not refute because then he will be admitting his error.

But it will not be evident from the appearance of the document itself and it will be difficult to prove otherwise unless the parties themselves and their witnesses, if any and the notary refute.

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=235441&offset=1

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