During your home buying process, you may be asked for Notarization of many documents at various stages. Do you understand who a Notary Public is and how do you know you are approaching the right person? We will explain how to ensure the Notary Public is registered and how to avoid common mistakes in the Notary process.
Who is a Notary?
A notary is a lawyer or legal practitioner appointed by the Central Government or state government under Notaries Act 1952. The Central Government may appoint a notary for the whole or any part of the country. Likewise, the state government may appoint a notary for the entire or for any part of the state.
Functions of a Notary Public
He is a public officer who can perform following duties:
- A notary’s main functions are to administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain classes of documents, take acknowledgments of deeds and other conveyances, protest notes and bills of exchange, provide notice of foreign drafts, prepare marine protests in cases of damage, provide exemplifications and notarial copies, and perform certain other official acts depending on the jurisdiction. Any such act is known as a notarization.
- To administer the oath to, or take an affidavit from any person.
- To translate and verify the translation, of any document from one language into another.
- To act as commissioner, to record evidence in any civil or criminal trial if so directed by the court or authority.
- To act as arbitrator, mediator, or counsellor if so required.
- To do any other act which may be prescribed.
- When is a notarial completed?
- Every notarial act has to be done under his signature and notary seal with registered number and date.
Various Fee charges by Notary Public for his work
The rates of fees to be charged by a notary shall be displayed by him in a conspicuous place inside as well as outside his chamber or office. Every notary shall grant a receipt for the fees and charges realised by him and maintain a register showing all the fees and charges realised.
Every notary may charge fees not exceeding the rates mentioned below, namely
(a) for noting an instrument –
– if the amount of the instrument does not exceed rupees 10,000 : Rs.35/-
– if it exceeds rupees 10,000 but does not exceed rupees 25,000 : Rs.75/-
– if it exceeds rupees 25,000 but does not exceed rupees 50,000 : Rs.110/-
– if it exceeds rupees 50,000 : Rs.150/-
(b) for verifying, authenticating, certifying or attesting the execution of any instrument : Rs.15/-
(c) for presenting any promissory note, hundi or bill of exchange for acceptance or payment or demanding better security : Rs. 35/-
(d) for administering oath to, or taking an affidavit from any person : Rs.15/-
(e) for certifying copies of a document as true copies of the original : Rs.5/- per page minimum Rs. 10/-
(f) for translating and verifying the translation of any document from one
language to another
This image was taken from a Notary office:
How to verify Notary Public
Although their job is to verify the person who is getting the document notarized, there have been instances where fake Notary Public was found to be using fake notary seal. It has become important to verify the Notary Public itself. You should ensure that seal with the registration number of Notary Person is present on all documents.
Center and state government maintain a list of their registered Notary Public online. Do check the list on government’s website.
Every notary must use a plain circular seal of a diameter of 5 c.m. bearing
- his name.
- the name of the areas within which he has been appointed to exercise his functions.
- the registration number.
- the circumscription “NOTARY”.
- the name of the government which appointed him.