All You Need To Know About Notary In India - [Explained]

Updated: Aug 27, 2019

Firstly, notary is a person authorized to perform acts in legal affairs, in particular witnessing signatures on documents.

Who is Notary?

A notary is supposed to ensure that all signatures on a document are legitimate and who is authorized to carry out certain legal formalities/activities. This would include drawing up and/or validating contracts, and deeds.

In India, It varies from state to state but if a person do not notarize a document, its legally validity and authenticity will be in doubt.

Under the Notaries Act, 1952, the Central or State Government may appoint one Notary Public for a region or for the whole country or a whole state or a part of the state. His main functions are -

  • To administer the oath to, or take an affidavit from any person.

  • translate and verify the translation, of any document from one language into another.

  • act as commissioner, to record evidence in any civil or criminal trial if so directed by the court or authority.

  • To perform the function of an arbitrator, counselor or mediator.

According to Rule 10 of the Notaries Rules, 1956, notarization fee in India is as follows :

  • Notarization of instruments

- INR 35/- if amount in the instrument does not exceed INR 10,000/-

- INR 75/- if the amount is between INR 10,000/- and INR 25,000/-

- INR 110/- if the amount of the instrument is between INR 25,000/- and INR 50,000/-

- INR 150/- if the amount exceeds INR 50,000/-

  • Half the charge of the original for duplicate protests

  • INR 15/- for verifying, certifying and attesting execution of any instrument

  • INR 35/- for promissory note presentations, acceptance of payments or bills

  • INR 15/- for administering/witnessing oaths or to take affidavits from deponents

  • INR 150/- towards preparation of documents or instruments to be used outside the country

  • INR 75/- for translation and verification of such translated document from one language to another

  • INR 10/- per page for attesting a document as true copy

How to signify a notary?

As per Rule 12 of the Notary Rules, 1956, -

  1. Every notary shall use a plain circular seal of a diameter of 5 c.m. bearing his name;

  2. jurisdictional area;

  3. registration number ;

  4. expiry date and the limits ,

  5. and also the name of the Government which appointed him.

How to become a notary?

To become notory a person should -

  • posses a LLB degree.

  • must enrolled as an advocate in any state bar council under advocates act,1961 and start practising as an advocate.

  • after practising as an advocate for 10 years for general candidate ( 7 years for SC/ST, OBC and all women candidates) becomes eligible for to be appointed as notory.

  • If not a legal practitioner, then should be a member of Indian legal services or held office under state or central government OR held office in armed forces, department of judge or advocate general.

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