What a notary CAN do — section 8, Notaries Act, 1952
| Function | Provision |
|---|---|
| Verify, authenticate, certify or attest the execution of any instrument | s.8(1)(a) |
| Present a promissory note, hundi or bill of exchange for acceptance or payment, or demand better security | s.8(1)(b) |
| Note or protest dishonour, or prepare acts of honour under the Negotiable Instruments Act, 1881 | s.8(1)(c) |
| Note and draw up ship's protest, boat's protest or protest relating to demurrage | s.8(1)(d) |
| Administer an oath to, or take an affidavit from, any person | s.8(1)(e) |
| Prepare bottomry and respondentia bonds, charter parties and other mercantile documents | s.8(1)(f) |
| Prepare, attest or authenticate any instrument intended to take effect outside India | s.8(1)(g) |
| Translate, and verify the translation of, any document from one language into another | s.8(1)(h) |
| Act as a Commissioner to record evidence in a civil or criminal trial, if so directed by a court | s.8(1)(ha) |
| Act as an arbitrator, mediator or conciliator, if so required | s.8(1)(hb) |
| Draw, attest or certify documents under official seal including conveyances; prepare wills; prepare and take affidavits Note: this permits a notary to draw a conveyance — it does not make a notarised conveyance a substitute for registration. | Rule 11(8) |
| Certify copies of documents as true copies of the original | Rule 10(1)(l) |
Clauses (ha) and (hb) were inserted by the Notaries (Amendment) Act, 1999 with effect from 17 December 1999, and are overlooked by almost every notary website in India.
What a notary CANNOT do
1. Register a document
Registration is the Sub-Registrar's function under the Registration Act, 1908. A notary has no power to register anything, and notarising a document that section 17 requires to be registered does not cure the absence of registration — section 49 still bars it from being received as evidence of the transaction. Full comparison →
2. Transfer ownership of property
Only a registered deed of conveyance transfers title to immovable property. This includes the "GPA sale" — the package of general power of attorney, agreement to sell and will that was used for years. In Suraj Lamp & Industries (P) Ltd. v. State of Haryana (2011) the Supreme Court held such transactions are not recognised as conveyances.
3. Solemnise or register a marriage
This is the most legally dangerous misconception in the trade. In Gujarat, marriage is registered by a Registrar of Marriages appointed by the State Government under the Gujarat Registration of Marriages Act, 2006 — section 3. Registration is compulsory under section 4, and the memorandum must be delivered within thirty days under section 5. A Hindu marriage is solemnised by ceremony under section 7 of the Hindu Marriage Act, 1955. The memorandum under the Gujarat Act goes, in duplicate, to the Registrar for the area where the marriage was contracted.
One genuinely useful point in the other direction: failure to register does not invalidate the marriage. Section 8(5) of the Hindu Marriage Act says the validity of a Hindu marriage is in no way affected by the omission to make the entry, and the Gujarat Act contains a corresponding provision. If you married years ago and never registered, you are married — you simply lack the certificate, and that is worth putting right.
Neither statute assigns any role to a notary. There is no such legal thing as a "notarised marriage." What is sometimes sold under that name is an affidavit or joint declaration by the parties that they are married or intend to live as spouses. That is an affidavit. It confers no marital status and substitutes for neither solemnisation nor registration. Anyone offering "notary marriage" as an alternative to registration is misleading the client.
4. Grant a divorce
A marriage is dissolved only by a decree of a Family Court. There is no valid "notary divorce" or "stamp paper divorce". We do prepare the full document set for a mutual consent petition under section 13B of the Hindu Marriage Act, 1955 — but the decree comes from the court.
5. Vouch for the truth of what a document says
Notarisation certifies that the named person appeared and signed or swore. It does not certify that the contents are true. Where evidence law does attach a presumption to a notarial act, it concerns execution and the fact of the act rather than truth — section 84 of the Bharatiya Sakshya Adhiniyam, 2023 (a power of attorney executed before and authenticated by a Notary Public was so executed and authenticated) and section 119 of the Negotiable Instruments Act, 1881 (on proof of protest, the court presumes dishonour). Both are rebuttable, and neither says the document is telling the truth.
6. Validate a will that does not comply with section 63
A will needs the testator's signature and two attesting witnesses. Notarisation neither cures a defect nor adds force. More on wills →
7. Apostille or legalise a document
Apostille is the function of the Ministry of External Affairs, and legalisation of the relevant embassy. A notary's role is the first step — preparing and attesting the document — after which it goes to the State Home or HRD department and then to the MEA.
8. Act without signature and seal
Section 8(2): no act is a notarial act except when done under the notary's signature and official seal. A signature alone is not notarisation.
9. Charge more than the Rule 10 ceilings for a notarial act
₹35 to attest execution, ₹35 to take an affidavit, ₹10 a page for a true copy, and the rest of the table. Drafting and stamp duty are separate and legitimate — but they are not notarial fees. The full fee table →
Things we will tell you that you may not want to hear
Most passport annexures no longer need a notary. Since the Ministry of External Affairs simplified passport documentation, most annexures are plain-paper self-declarations needing neither stamp paper nor notarisation. Annexure F, for a lost or damaged passport, is the main one that still normally requires a sworn affidavit.
Anti-ragging undertakings moved online. Student and parent file an e-undertaking at antiragging.in. A notarised paper affidavit is usually no longer required — supply one only if the institution specifically demands it.
EPFO corrections are usually an online joint declaration signed by member and employer. A notarised affidavit is a fallback for where the employer no longer exists, not the default.
Some Shops & Establishment "registrations" are only intimations. Under the Gujarat Shops and Establishments Act, 2019 as amended with retrospective effect from 16 December 2025, the Act applies to establishments employing twenty or more workers; smaller establishments fall under the intimation route to the jurisdictional Inspector. The threshold moved recently, so we confirm it for your establishment rather than relying on a published summary.
Each of these is work we could have sold you. We would rather you came back for the next thing.