November 7, 2023
November 7, 2023
Notarization is a legal methodology used for the verification of the authenticity of documents, signatures, and identities of the person or entity signing the agreement. A notarized document carries an official seal and signature from a notary public, confirming that the content is accurate and genuine. This guide aims to provide a comprehensive overview of when and how to notarize a document, ensuring its validity and legal standing.
Notarization becomes necessary when the document requires an added layer of authenticity. Especially where its contents may be disputed in future or need to have strong legal support for your document. Sometimes, a document can only become valid in the eyes of the law when a public notary duly notarizes it.
Some instances where notarization is essential include:
Real estate Transactions: When you are dealing with immovable properties and executing deeds, mortgages, and property transfers necessitates notarization to prevent fraudulent activities and establish such transactions as legally valid.
Estate Planning Documents: When you intend to write a will or appoint an authorized representative on your behalf through the execution of a power of attorney, notarizing the document will ensure the testator's intentions are clear and accurate.
Financial Agreements: When you are entering into financial transactions of significant value and entering into agreements like loan agreements, promissory notes, and contracts often require notarization to validate their terms and avoid any dispute in the future.
Affidavits and Statutory Declarations: If you are making swearing statements made under oath usually requires the notarization to authenticate the identity of the signee.
In most cases, it is not necessary to notarize the documents, but it is better to get all important documents notarized to add credibility and legal backing. Especially in the following scenarios, it is recommended to get your documents notarized:
International Transactions: If you are executing cross-border documents, such as international contracts where one or more party to the agreement is from outside India, notarizing such contracts provides an extra layer of assurance to all parties involved.
Contractual Agreements: Even though all contracts do not require notarization, it is always better to notarize the contracts to have a better stand in case of any legal disputes.
Identity Verification: In case the documents require identity verification of the signee, such as executing travel consent letters, medical consent letters, etc. getting it notarized will add credibility before any domestic or international authority.
Generally, notarization means the attestation by a government-licensed public notary. The list of notaries can be found on the Ministry of Law and Justice website or concerned websites of state governments.
Following are some common procedures while getting your document notarized:
Select a Notary: Choose a licensed public notary listed either in the central list or state list published by the government each year on the respective Law and Justice website. Also, you need to check the revenue jurisdiction of each Notary (available on the state-published list), to verify whether the notary is eligible to notarize your documents.
Present Identification: You need to present valid government-issued IDs of the party signing the agreement. This is required to verify the identity of the person signing the agreement. In case the document is signed by authorized representatives of the parties, the document supporting such authorizations, such as a Power of Attorney or Board Resolution, must be presented to the Notary.
Sign in Their Presence: All the parties signing the agreement have to sign it in the presence of the notary. Once all parties have signed, the Notary will affix their signature and seal on such document.
Pay Fees: Notaries typically charge a fee for their services, but the Notaries Rules of 1956 (FEES) set a maximum limit for specific tasks. Notaries must display their fees prominently for clients.
Receive Notarized Copy: Once you pay the requisite fee and the Notary records the transaction, you will receive a notarized copy of the document for your records.
In conclusion, notarization adds credibility and legal weight to the documents, protecting their authenticity and reducing legal disputes in future. Whether as mandated under the law or voluntarily done, notarization helps you to ensure the validity of various legal and financial documents. By simply following the steps mentioned in this guide, you can easily get your domestic or international documents notarized.