Notary Public in India: Qualifications, Functions, Fees, and
Legal Framework
Introduction
A Notary Public
plays a crucial role in the Indian legal system by authenticating, attesting,
and certifying documents. The presence of a notary ensures that legal documents
are genuine, signatures are valid, and parties have entered into agreements
willingly. In India, the practice of notaries is governed by the Notaries
Act, 1952 and the Notaries Rules, 1956. Understanding the
qualifications, functions, fees, and legal framework of notaries is essential
for professionals, businesses, and the general public.
Qualifications
of a Notary Public
To be appointed as a
Notary in India, certain eligibility criteria must be fulfilled:
1. Professional
Qualification:
o The
applicant must be a practicing advocate with at least 10 years of
experience (7 years for SC/ST, women, and OBC candidates).
o For
special cases, certain government officers or retired judicial officers may
also be eligible.
2. Application
Process:
o Application
is made to the competent authority (generally the Ministry of Law and
Justice at the Central level or State Government).
o The
applicant must specify the area where they seek to practice as a notary.
3. Appointment:
o After
verifying eligibility, the government appoints the notary by issuing a Certificate
of Practice.
o The
name is entered into the official Notary Register maintained by the
government.
Functions
of a Notary Public
A Notary Public performs
several important legal and administrative functions, including:
1. Authentication
of Documents – Certifying deeds, contracts, and powers
of attorney.
2. Administering
Oaths and Affidavits – Attesting affidavits, declarations, and
other statements.
3. Verification
of Identity – Ensuring the parties signing documents
are genuine and competent.
4. Attestation
of Signatures – Certifying that the signature on a
document is of the person concerned.
5. Certifying
Copies – Declaring that a copy of a document is a true copy
of the original.
6. Drafting
and Notarizing Legal Documents – Including wills,
agreements, and property documents.
7. Matters
Relating to International Documents – Notarizing documents
required for foreign use (subject to apostille/legalization).
The notary acts as a neutral
witness who prevents fraud and ensures transparency in legal transactions.
Fees of a
Notary Public
The fees charged
by notaries in India are regulated by the government under the Notaries Rules,
1956. According to Rule 10 & 11 of the Notaries Rules, 1956, notaries may
charge fees not exceeding prescribed rates:
- Noting Instruments:
- Up to ₹10,000 → ₹50
- ₹10,000 – ₹25,000 → ₹100
- ₹25,000 – ₹50,000 → ₹150
- Above ₹50,000 → ₹200
- Other Services:
- Administering oath/affidavit → ₹35
- Verifying/attesting instrument → ₹35
- Presenting promissory
note/hundi/bill of exchange → ₹50
- Attesting documents for use outside
India → ₹200
- Translating and verifying
translation → ₹100
- Certifying copies of documents → ₹10
per page (minimum ₹20)
- Other notarial acts → Fee fixed by
government
👉 Notaries can also charge
₹20 per km as travelling allowance by road/rail.
Note: The exact fees may
vary slightly across states, but notaries cannot charge more than the
prescribed limit.
Seal of a
Notary
As per Rule 12 of the
Notaries Rules, 1956:
- Every notary shall use a plain
circular seal of 5 cm diameter.
- The seal must contain:
- Name of the notary.
- Registration number.
- Date of expiry of the certificate.
- Name of the Government appointing
him.
- Circumscription “NOTARY –
Government of India”.
This seal is mandatory
for authenticating documents and ensures legal validity.
Certificate
of Practice and Renewal
- On appointment, a Certificate of
Practice is issued for five years.
- Renewal must be applied six months
before expiry using Form XVI.
- Renewal fee:
- Issue of certificate → ₹2000
- Change of area of practice → ₹1500
- Renewal of certificate → ₹1000
- Duplicate certificate → ₹750
Legal
Framework Governing Notaries in India
The Notaries Act, 1952
and the Notaries Rules, 1956 form the backbone of the notary system in
India.
1. The
Notaries Act, 1952:
o Provides
for the appointment of notaries by the Central and State Governments.
o Defines
the powers and functions of notaries.
o Prescribes
penalties for misconduct or negligence by notaries.
2. The
Notaries Rules, 1956:
o Lay
down the procedure for application, renewal, and maintenance of
registers.
o Specify
the fees notaries can charge.
o Provide
for the disciplinary control of notaries by the government.
3. Jurisdiction:
o Notaries
are appointed for specific areas (district, state, or whole of India) and
cannot operate beyond their authorized jurisdiction.
4. Disciplinary
Action:
o If
a notary is found guilty of misconduct, their certificate may be suspended or
cancelled.
Importance
of Notaries in India
- Prevention of Fraud
– Ensures authenticity of legal documents.
- Smooth Functioning of Business
Transactions – Especially in real estate,
banking, and corporate matters.
- International Recognition
– Notarized documents are often required for foreign use, especially in
immigration, education, and trade.
- Public Trust
– People rely on notaries as impartial officers of the law.
Conclusion
A Notary Public in
India serves as an essential link between the public and the legal system.
By certifying documents, attesting affidavits, and verifying transactions,
notaries uphold the principles of trust, authenticity, and legality. The
profession is strictly regulated by the Notaries Act, 1952 to maintain
integrity and prevent misuse. For businesses, individuals, and institutions,
the services of a notary remain indispensable in ensuring the legality of
documents both in India and abroad.
Disclaimer: All the Information is based on the notification, circular advisory and order issued by the Govt. authority and judgement delivered by the court or the authority information is strictly for educational purposes and on the basis of our best understanding of laws & not binding on anyone.
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