Professional Documents
Culture Documents
Functions of Notary and Validity of Notary Public in India - Indialegalaid PDF
Functions of Notary and Validity of Notary Public in India - Indialegalaid PDF
Functions of Notary :-
1. To verify, authenticate, certify or a est the execution of any 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 confers a right or records a liability. Each word namely verify, authenticate,
certify and a est has a different meaning. ‘Verify’ means checking with the facts and proof/evidence
produced. ‘Authenticate’ means, the notary has assured himself of the identity of the person who has
signed the instrument as well as to the fact of execution. ‘Certify’ means to confirm through a formal
statement that the instrument executed possesses certain qualifications or meeting the accepted
minimum standards relevant to the contents of the same. Notary is bound to make entry of the notarial
act of certifying the copy of the document as a true copy of its original. ‘A est’ means to affirm to be
correct, true or genuine.
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.
Every notarial act has to be done under his signature and notary seal with registered number and date.
The Section 139 of Code of Civil Procedure 1908 has an express provision, in this regard, where
any affidavit verified by notary is admissible as evidence. Likewise, Section 297 of Code of Criminal
Procedure provides for admission of affidavits verified by the notary.
The Notarial Rules 1956, has prescribed the fee for each category of act. The rule No.10 refers to the fee
to be collected by the notary. He should display rates of fee charged in conspicuous space both inside
and outside his chamber or office. In addition to the fee, notary may also charge the travelling allowance
by train or road at Rs.5 per kilometre.
Advertisements
Blog at WordPress.com.