e-StampNotary
Where the power comes from
Section 8(1)(e) of the Notaries Act, 1952 authorises a Notary to administer an oath to, or take an affidavit from, any person. Two further statutes name the Notary directly for this purpose: section 139(aa) of the Code of Civil Procedure, 1908, and section 333(1)(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023. That is the complete legal basis, and it is worth knowing, because the question “is a Notary allowed to do this?” has a one-line statutory answer.
What notarisation certifies — and what it does not
It certifies that you appeared in person, that the oath was administered to you, and that you signed in the Notary's presence. It does not certify that the contents are true. People are sometimes sold an affidavit as though it were proof of a fact. It is proof that you asserted the fact on oath, and made yourself answerable if you lied. That is valuable — it is why offices accept affidavits — but it is a different thing from proof.
Section 8(2) of the Notaries Act, 1952 says nothing is a notarial act unless it is done under the Notary's signature and official seal. If the paper you have been handed carries a signature but no round seal, it has not been notarised, whatever you were charged for it.
The four things an affidavit needs
- Stamp duty as currently prescribed under the Gujarat Stamp Act, 1958. The Act was amended in 2025, so a figure someone quoted you two years ago may be wrong today. We confirm the current value at the counter and issue the e-stamp certificate here.
- Drafting that says the right thing. Most rejected affidavits are rejected on wording, not on stamp — a fact stated too loosely, a document not identified by its number, a deponent swearing to something he cannot personally know.
- The deponent, in person. An oath is administered to a human being. A relative cannot swear it for you, and a scanned signature is not an appearance.
- Signature and official seal, plus the entry the Notary is required to make in the Notarial Register in Form XV under Rule 11(2) of the Notaries Rules, 1956.
Who can swear, and who cannot
The deponent must understand what is being sworn. That sounds obvious until an elderly parent is brought in who cannot follow the document, or a document arrives for a person in hospital who is not conscious. We cannot administer an oath in either case, and no fee is worth doing it anyway. Where the person is bedridden but perfectly lucid, that is a different matter entirely — we attend at the address. See notary home visit.
A minor does not swear their own affidavit; a parent or natural guardian swears it on the minor's behalf, and the affidavit should say so in terms. For a company or firm, the deponent is the person authorised to depose, and we will want to see what authorises them.
Gujarati or English
We draft in both. A Gujarati affidavit is often better where the deponent's own comprehension matters — a person should not be swearing on oath to a language they read with difficulty. Where the receiving office is a bank, an embassy or a central government department, English is usually the safer choice. Where both are needed we prepare a bilingual document. Section 8(1)(h) of the Act also allows a Notary to translate a document and verify the translation, with the fee for that capped by Rule 10(1) at ₹100.
The fee
Rule 10(1) of the Notaries Rules, 1956 fixes a maximum of ₹35 for administering an oath or taking an affidavit. That is a ceiling, not a starting point, and Rule 10(2) requires the rates to be displayed conspicuously both inside and outside the office — you should be able to read them before you pay. Drafting is separate work and is charged separately; stamp duty is a government levy and is separate again. More on how the three parts fit together in our note on notary charges in Vadodara.
Anti-ragging undertakings are filed online at antiragging.in by student and parent — a notarised paper affidavit is usually not required. Most passport annexures are now plain-paper self-declarations. EPFO corrections are normally an online joint declaration by member and employer, with a notarised affidavit only a fallback where the employer no longer exists. We would rather send you away than sell you a notarisation you do not need.
What to bring
- Original Aadhaar or passport of the deponent, plus one photocopy
- PAN card where the affidavit concerns income, tax or a bank account
- The letter or form from the office that asked for the affidavit, if you have it
- Copies of any document the affidavit refers to (marksheet, RC book, share certificate, FIR)
- Correct spelling of every name and place, as it must appear
- A second deponent's ID where the affidavit is a joint one