What is a Notary lawyer, know Their Role And What They Can Do.
Whenever a notary lawyer verifies a document, it is necessary to have a stamp of ₹10 and signature on every page of it. A stamp of ₹10 will be pasted on every page, after which signatures will be done. And that document will be valid.
The notary lawyer maintains a register, that is, a register in which all the entries of the whole day will be written, the names of all the people who get the work done are written and not only this, it is also written in it that the number which has been put on the document is also written.
Along with that, the signatures and names of all the parties and witnesses are written. Now what is the role of this register, its only purpose is to write all the details on it and make all the entries, if it is needed in the court, then the lawyer has to bring this register to the court and present it there, so that it can be known which person got the notarization done, which witnesses signed for which people.
With this, the court gets all the details, due to which it is considered a valid document. Now the last thing that we are going to tell you is that whenever you make any agreement with any person, remember not to sign on any main page and even if you sign by mistake, it can be misused, that is, someone can misuse it. So first of all you have to understand that whenever you are signing any document, you should first read the document completely and only then sign it, even if you have to do the smallest thing.
What Powers Does A Notary Public Not Have? Know Their Limitations
State Government and Central Government appoint some people in different areas to make their work a little easier. Basically, the work of a Notary Public is to certify the execution of a document which is not compulsory to be registered, to attest an affidavit or to attest a photocopy etc. But we do not know what we think of a Notary Public
And we get every document attested by a Notary Public for which they do not have the power. Even the Notary Public does not refuse to do this in greed for a little money, but later when we go to the court to claim any relief on the basis of that document, then the court is not able to give us any relief on the basis of that document because it is not valid. For example, if a property is transferred in any way, then it is necessary to go to the Sub Registrar Office and get the document registered.
If this is not done, then the title does not get transferred, but people do this to save stamp duty. For this purpose, people get even such documents attested by a notary which do not come under the category of valid documents in any way. Here we need to understand that a notary public is not an authority to attest every document, he has his own limitations.
But nowadays, notary attestation has been considered a shortcut for everything and even people make an agreement or affidavit for marriage and divorce and get it attested by a notary public and then are assured that they have a valid document for marriage or divorce, whereas there are different processes for both marriage and divorce. You will either get married according to your religion and get it registered.
Or you will register your marriage. In both the situations, the competent authority issues you a marriage certificate and the notary public has no right to attest any document which has been written as a marriage certificate and if such a document is made and the notary public attests it. If it has been attested then it also has no importance
Similarly, divorce also has its own process and only the competent court has the right to issue the degree of divorce. If two people make an agreement for divorce or make an affidavit and get it attested by a notary, then it cannot be considered as divorce, but this happens a lot. People think that if both the parties have agreed for divorce, then there is no need to go to court.
But, divorce cannot happen on the basis of an agreement and neither is any notary public authorized to attest such agreements, but many advocates get such agreements written on the request of their clients. People think it is a shortcut and that is why notaries do not refuse to attest such agreements.
Before getting any document attested by a notary, we must confirm whether the notary public is authorized to attest that document or not. This type of practice is prohibited. To stop this, the Ministry of Law and Justice of the Government of India had also issued an office memo dated 10 October 2024, in which it is clearly written that getting marriage or divorce affidavits executed is not the work of the notary.
The notary is neither able to certify any marriage nor can he get any divorce deed executed. Despite all such legal conditions, the appointment of a notary as a marriage officer, if someone gets a deed or affidavit related to marriage or divorce attested, then it will be seen as a professional misconduct and the notary may have to face consequences for it.
In this memo, instructions were issued for all the notaries that they should not get any kind of marriage or divorce deed executed because the things in this memorandum of appointment of India for this work are not only warning to the notaries but are also very important for the common people.
Because if this If you get any type of document executed or tested through a notary for which the notary does not have the power, then that document will also be of no use to you.
Always Secure Your Documents And Safe Your And Family Future..!