Notarization is also referred as “notarial acts”. It includes a three-part process by a notary public that includes vetting, certifying and record keeping. It is basically the official process to prevent fraud and assure the parties in the transaction that the document notarized, is genuine. Mostly, documents required in banking transactions or court documents are mandatory to be notarized.
In India, a notarization is done by a notary public who acts as an impartial witness in discharging fraud deterrent activities related to legal documents. Notaries Act, 1952governs the duties of a notary public. Certifying, attesting or authenticating any instrument, carrying out translations and verifying such translation of legal documents from one language to another. He can administer oaths and witness swearing by deponents for affidavits. A notary may also function as an arbitrator.
Who Can Notarize?
A practicing lawyer having experience of at least 10 years and 7 years for SC, ST category candidates and women candidates may become a notary public in India. A person who has served as a member of judicial services or has held office under state/central government with a position requiring special knowledge of law is also eligible to become a notary public in India.
Importance of Notarization
A notarized document helps to verify that you are the one signing the document. So, the sole purpose of notarizing a document is to prevent any kind of document fraud and or identity theft by preventing someone from presenting a forged document. A notarized letter which is certified by a notary public also helps in protecting the rights of the citizens who might otherwise be exploited and also a lot of court proceedings may be avoided if the document of a transaction is certified by a notary.
Different Types of Notarial Acts
Acknowledgements – An acknowledgement ensures that the signer of the document has voluntarily signed the document and for this purpose, he must appear before the court personally at the time of notarization.
Jurats – By appearing personally before the court, a jurat has to be signed by the signer. By signing a jurat, the signer confirms the contents of the documents to be true.
Oath and Affirmation – The verbal oath or affirmation is also to compel a client to truthfulness. Affirmation and oaths are done orally.
Copy Certification – Diploma, driving license, medical records, bills of sales may require copy certification. A copy certification confirms that a copy of an original document is true.
Benefits of Notarizing a Document
It is not mandatory to notarize all legal document but in some cases notarization of documents are mandatory. Because if you do not notarize the documents which need to be notarized then its legal validity will be questionable which may lead to rejection of such documents in court.
Rule 12 of the Notary Rules, 1956 prescribes that a notary seal should be of 5 cm, which is used for the verification of documents. The seal actually validates the fact and the identities of the people signing the documents are authentic.
The presence of a notary seal in any document confirm for the court that the signatures in that document were placed by genuine person and it is not fabricated.
Registering a Sale Agreement of an Immovable Property
Registration of an immovable property is of utmost importance for the buyer of the property. Unless he registers the property in his name, he won’t be considered the legal owner of the property and the previous owner will be considered the rightful owner.
According to the Transfer of Property Act, 1882 and the Registration Act, 1908, lease of immovable property from year to year basis or a term exceeding twelve months requires a mandatory registration from the office of the sub-registrar.
If a lease agreement which is not registered by the parties, but was required to be registered will not be considered as a valid evidence of any agreed terms and conditions affecting the leased property.
It is important on the part of the purchaser or the transferee to pay the stamp duty and registration charges. Stamp duty is a kind of tax which is collected by the government under its jurisdiction for a transaction of a property.
Stamp duty is a kind of tax which is collected by the government under its jurisdiction for a transaction of property. Payment of stamp duty is important to register the new property in your name.
Sec 17 of the Indian Registration Act, 1908 mandates the documents to be registered regarding transfer, sale and lease of a property. Two witnesses and payment of the appropriate registration fees is required to be paid.
Notarized documents assure legal authenticity of a person’s identity and signature whereas, without registering a sale agreement of a property a person cannot claim ownership of that particular property. Hence, notarization cannot be a substitute of registering an agreement. Both notarization and registration has importance in executing an agreement.