Notary
The rule everything else follows from
Section 8(2) of the Notaries Act, 1952: nothing is a notarial act unless it is done under the Notary's signature and official seal. Both. A signature with a rubber name stamp is not notarisation. A seal on an unsigned page is not notarisation. If either is missing, whatever you paid for, you did not get a notarial act.
The seal: Rule 12, and what it must show
Rule 12 of the Notaries Rules, 1956 prescribes the seal precisely. It is a plain circular seal, five centimetres in diameter, and it must bear:
- the name of the Notary;
- the area for which he is appointed;
- his registration number;
- the date of expiry of the certificate of practice;
- the word NOTARY as a circumscription; and
- the name of the Government that appointed him.
Two of those repay a moment's attention. The expiry date tells you whether the certificate of practice was current when the act was done — look at it against the date of the act. The area tells you where that Notary is entitled to practise; Rule 15 requires a Notary to have his office within the area named in the certificate of practice.
A square or oval stamp. A stamp bearing only a name and “Advocate”. A stamp with no registration number. A photocopied seal — the impression should be a physical impression on that page, not part of the copy. A blue-ink self-inker with a signature scanned into it. If what you are holding does not match Rule 12, ask the question before you rely on the document.
The register entry: Rule 11(2), Form XV
A Notary is required by Rule 11(2) to maintain a Notarial Register in Form XV, in which every notarial act is entered. This is the part most customers never think about, and it is the part that matters most if the document is ever questioned. The register records the act, the date, the parties and a serial number.
Ask for the register serial number to be written on your document. Years later, if somebody disputes whether a document was really notarised or challenges the date, the register entry is the answer. A Notary who cannot produce a register entry for an act has a serious problem, and so does the person relying on the document.
The receipt: Rule 11(9)
Rule 11(9) requires a Notary to give a receipt for the fees charged and to maintain a register of fees. Take the receipt. It is not a formality — it is the record that ties a payment to an act, and it is your evidence of what you were charged.
The rates on the wall: Rule 10(2)
Rule 10(2) requires the fee rates to be displayed conspicuously inside and outside the office. You are meant to be able to read them before you engage anyone. The maxima under Rule 10(1) are: attesting execution ₹35; administering an oath or taking an affidavit ₹35; a true copy ₹10 per page, minimum ₹20; translation ₹100; an instrument to take effect outside India ₹200; and a travelling allowance under Rule 10(3) of ₹20 per kilometre. These are ceilings. See notary charges in Vadodara for how drafting and stamp duty sit alongside them.
Is there a round seal about five centimetres across? Does it carry a name, an area, a registration number and an expiry date? Was the expiry date after the date of the act? Is there an original signature, not a printed one? Is there a register serial number? Do you have a receipt? Six questions, one minute.
What the certificate does and does not assert
Read the wording of the certificate itself, because the different acts say different things. An attestation of execution under section 8(1)(a) says a named person signed or acknowledged before the Notary. A jurat under section 8(1)(e) says an oath was administered and the deponent swore. A true copy certificate says a photocopy was compared with an original produced — and nothing about whether that original was genuine.
None of them certifies that the contents are true, and none of them substitutes for registration where the Registration Act, 1908 requires it. If that is your question, read notarised vs registered and what a notary cannot do.
What to bring
- The document you want checked, in original — a photocopy will not show a physical seal impression
- The receipt you were given, if any
- The name of the notary or the office that issued it
- The date the act was said to have been done
- Any covering letter from the office that has queried the document
- Your own identity document, if a fresh act is likely to be needed