NOTARIZATION IN INDIA
A notarised Will is a legal document, representing a person’s wishes about the distribution of their property after their demise, which has been authenticated by a Notary Public.
A Notary Public is a neutral third party authorized by the government to perform legal formalities, including verifying the identity of the parties involved and their understanding of the document. The process of notarisation provides a layer of validation and trust to the Will. Admissibility of notarized affidavits as evidence.
According to Section 139 of the Code of Civil Procedure, any affidavit verified by the Notary is admissible as evidence. Correspondingly, Sector 297 of the Code of Criminal Procedure provides for the admission of affidavits verified by the Notary.
Can a notarised Will be challenged?
The answer, contrary to popular belief, is yes. Despite the authentication of a Notary Public, a notarised Will can still be challenged in court under certain circumstances, such as:
- If there’s a suspicion of fraud or coercion in the making of the Will.
- If the testator was not of sound mind while making the Will.
- If the Will does not meet the basic legal requirements like proper signatures, witnesses, etc.
Which types of documents need notarization?
Notarizing documents can be relatively common in business situations. But it is also a requirement for documents outside the office, including:
- Power of Attorney
- Affidavits
- Contract for deed
- Liability waivers
- Passport applications
- Mortgage documents
- Trust certifications
- Life and annuity claims
- Spousal consent
- Lien release
- Acknowledgements
Advantages of Notarization of a Document in India
One of the major purposes of notarizing a document in India is to prevent any kind of theft or document fraud by avoiding someone from presenting a fake document. A notarized document certified by a notary public helps in protecting the rights of the citizens who might otherwise be oppressed. In some cases, it’s not essential to notarize a legal document, but in some cases notarization of documents is compulsory. If not, the legitimacy of some documents may be uncertain that may lead to their refusal in the court. According to Notary Rules 12, 1956, a notary seal should be of 5 cm. The seal authenticates the fact and identities of people signing the documents are true. The presence of a notary seal in any legal document approves that the signatures are true and from a genuine person.
The Process
- Prepare the document for notarization.
- Find the relevant notary person.
- Visit the notary’s office.
- Provide your identity proof.
- Sign the documents in the presence of the notary.
- Get notary’s seal and signature.
- Pay the notary fee.
Alternatively, you can visit a court or Sub-Registrar office, or get an affidavit notarized by a public notary at legal firms, banks, or other logistic provider locations.
Documents required for Notarisation are:
- A duly-filled Application Form for Notarization/Attestation;
- Original and photocopy of the legal documents,
- Signed Covering Letter with attestation purpose and the list of the commercial attestation document from the Company of the applicant;
- Signed Covering letter with attestation purpose and the list of the attestation document from the applicant himself/herself if it is for civil use;
- Original and photocopy of applicant’s passport and agent’s passport for civil attestation purpose
