Bineet Sundriyal (CA) 08 May 2016

Legal position of notarized document

Hi All,

I am a chartered accountant and having a concern regarding the legal position of notarized documents. If during performance of my professional services, I relay on the notarized copy of identity/address proves (like Passport, Utility bills, Voter Id etc.) without looking the original documents can I be held responsible for professional negligence.

Or I can rely on the notarized documents trusting the notary that he must have seen the originals and notarized copies are not forged.

Please reply.

Thanks

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6 Replies

adv.bharat @ PUNE (Lawyer) 08 May 2016

1) As CA its ur prime duty to see the origional document and then only proceed further other wise u will be responsible for ur act.

2) Notary is supportive system buts its role is quite different from ur role. Notary will not at all responsible for any wrong act or froged document given by party. Its the party responsibility to produce origional document. Notary will just confirm it as origional and then do document as per client requirement.

3) As professional u must be aware about the doucment and its legal complication occured. Hence be care full while doing ur work.

Thanks

slakshmanrao (accounts officer) 08 May 2016

Only a Judicial Magistrate can get appropriate answer to the point raised.

Kishor Mehta (CEO) 08 May 2016

Sir, It is imperative that notarized copies are compared with original before acceptance, there should be no argument about it. Good luck, Kishor Mehta

Laxmi Kant Joshi (Advocate ) 08 May 2016

Dear mr .sundriyal ji it is absolutely pure duty and responsibility of notary advocate which is appointed by the state govt. with powers to attest the true copies before seeing the origanal ones, if he didn't do so and arrest the copies and afterwards any offence /fraud took place then a criminal case will be registered against him, he may be prosecuted for that and his notary power can be snached from him . But on precautionary measure if you suspect any doubt in any document you may asked the original one for counter check and if found false /fabricated /tempered , you can file the complaint, the primary duty lies on the notary advocate .

muthu 10 May 2016

Notary documents are currency note based unvisualised originals through your eyes will100% one or other day makes u suffer.........

muthu 10 May 2016

Send me your mail to 9743567112 as a victim I will show how notary documents will be forged...

Legal position of notarized document

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