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, -
Every notary shall use a plain circular seal of a diameter of 5 c.m. bearing his name;
registration number ;
expiry date and the limits ,
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.