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Sreedharan (MD)     02 January 2015

Notary

Dear Advocates,

Greetings!

Please tell me:

What is a Notary?

What is the requirement of a Notary?

What is the relevance of a Notarized document?



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 January 2015

Notary is person appointed by the Central Government or state government under Notaries Act 1952. The Central Government may appoint a notary for the whole or any part of the country. Likewise, the state government may appoint a notary for the entire or for any part of the state. He is a public officer.

What are the functions of notary?
The appointment, functions of notary public is governed by the Notaries Act 1952.

There are various functions. We shall confine here to functions which are more relevant to the public:
1.    To verify; authenticate, certify or attest the execution of any instrument. The Act refers to instrument. The word instrument is defined in the Act, as every document by which any right or liability is or purports to be, created, transferred, modified, limited, extended, suspended, extinguished or recorded. So every document is not an instrument, unless it effects right or a liability. Each word should verify, authenticate, certify, attest, and has different meaning. Authenticating means, the notary has assured himself of the identify of the person who has signed the instrument as well as to the fact of execution. Certify means to testify. Notary is bound to make entry of notarial act of certifying the copy of the document as true copy of original. Attest means to bear witnesses to.

2.    To administer oath to, or take affidavit from any person.
3.    To translate and verify the translation, of any document from one language into another.
4.    To act as commissioner, to record evidence in any civil or criminal trial if so directed by the court or authority.
5.    To act as arbitrator, mediator, or councillor if so required.
6.    To do any other act which may be prescribed.
When is an notarial completed?
Every notarial act has to be done under his signature and notary seal with registered number and date.


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