Notarization is legal process to authenticate documents so as to prevent fraud. Notarized documents are mostly required to banking purposes as well as for some legal purposes. It is an act of a notary public authenticating by his/her signature and official seal, certifying the due execution in his/her presence of a deed, contract or other writing, or confirming some fact or thing about which the notary public has definite knowledge. In India notarization is performed under the Notaries Act, 1952.
Why Notarization is required?
Documents are required to be notarized to certify their genuineness and prevent deceit and to make sure they are properly executed. The Notary is considered as an impartial witness who verifies signatories and ensures they have entered into agreements knowingly and willingly. The motive behind notarization is to determine that everything is true and genuine on the document. Further, the documents are notarized so as to attach legal sanctity to the same while relying on the said document.
What kinds of documents require notarization?
Usually, the following documents in India needs stamp of notarization:-
- An application form duly-filled for notarization or attestation.
- Original and photocopy of documents.
- Covering letter signed with attestation purposes bearing the commercial attestation documents list from the applicant’s company.
- Covering letter signed with attestation purposes for applicant’s civil use.
- Applicant’s and agent’s passport, original and photocopy for civil attestation purposes.
Who is called Notary in India?
Notary is a lawyer who is permitted to carry out certain legal formalities or activities including drafting or validating contracts, deeds and other such legal documents. Primary role of the notary public to act as an impartial witness so that deceitful activities on legal documents may be deterred.
Is there any fee for notarization process?
An answer to this query is affirmative. To explain, as per Rule 10 of the Notaries Rules, 1956, the prescribed fees is payable to the Notary Public for numerous activities. It is marked here that the rates of fees must be displayed by the notary at any conscious place of his/her place of work.
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.
What if documents are not get notarized?
Law does not make it necessary to notarize all legal documents, but sometimes it is mandatory for those documents which require notarization. Lack of it can lead to the document being declared invalid or unenforceable. However, consequences of not getting your document be notarized may vary from state to state. But the crux is that if you do not notarize a document, its legal validity and authenticity will be in question.
What is apostillization?
Apostillization is required for documents which are to be used on foreign land. This often named as superlegalisation. An apostille is granted by apostillization office of country which is a member of the Hague Convention, 1961. Presently, 105 countries are members of Hague Convention, 1961. It basically offers attestation of personal certificates/documents like birth certificates, death certificates, marriage certificates and affidavits etc. For instance, in India Ministry of External Affairs issued apostille certificates for birth certificates, death certificates, marriage certificates, education certificates and affidavits.
The documents are required to be legalized for in certain countries that are not a part of the convention. This process of legalization is quite similar to the apostillization. Howbeit, there might a requirement of additional embassy legalization by the consular office of such country where document is to be presented. There are some countries which require further authentication for international acceptance of notarized documents over and above the apostille.
Associate at Aggarwals & Associates, S.A.S. Nagar, Mohali