2. Who Is a Notary Public?
As per Indian law, a notary public is an advocate who is authorized to
assist the public with legal documents pertaining to
property, deeds, power of attorney and business affairs. These critical
legal documents are required to be notarized, in order to be recognized
legally.
Who Is A Notary Public Authorized By ?
The notary public advocate of a state is authorized by the State
Government to witness signatures on legal documents and administer
oaths.
A notary public charges a minimal fee for his services. Further, he cannot
charge an excessive amount, for the services. Some organizations, such as
government organizations and law firms, may require an advocate to work
3. Who can become a Notary Public ?
• The status of notary public can be granted to an
advocate, member of an Indian legal service or a public
figure. However, no legal training is required to apply for
this post. A notary public’s main job is to observe and
verify the signatures on specific the legal documents.
• The parties have to submit identity proofs such as
driving license, birth certificate or passport.
• A notary officer uses an embossing tool to validate
his/her presence at the time of document signing.
Further, the State Government issues a unique
identifying number to the public notary, to prevent any
deceptive use of the embosser or seal.
4. What a Notary Public does?
• A notary public is not allowed to give legal advice to
anyone, unless he/she is a licensed advocate. A notary
public’s job is restricted to witnessing and validating the
document signing.
• The notary public also attests to the identities of the
parties and their confirmation of authenticity through
the process.
• In some cases, the legal document may be declared
fraudulent and, later on, the court can probe into its
details during trial.
5. What is Attestation ?
An attestation is a declaration by a witness that an
instrument has been executed in his or her presence
according to the formalities required by law. It is not the
same as an acknowledgment, a statement by the maker of a
document that verifies its authenticity.
The act of attending the execution of a document and
bearing witness to its authenticity, by signing one's name to
it to affirm that it is genuine is attestation.
The certification by a custodian of records that a copy of an
original document is a true copy that is demonstrated by his
or her signature on a certificate.
6. Where is it found?
• An attestation clause is frequently found in legal
documents that must be witnessed if they are to
be valid, for example, a will or a deed.
• It states that the instrument has been completed
in the manner required by law in the presence of
the witness who places his or her signature in
the designated space.
7. NOTARY AND ATTESTATION
• Notary is the basic procedure which is done
before other authentications. This can be
considered as the preliminary procedure. The
notarisation make a document legalised for
further proceedings in attestation and
legalisations.
