Notary in India: Meaning, Importance, and Eligibility
In the legal world, the term "Notary" frequently appears on official documents, indicating the necessity for notarization. But What exactly does this term mean, who can become a notary, and why is it important? This article explores the concept of notary, its legal framework, eligibility criteria, and the process of becoming a notary in India.
Meaning of Notary
According to Section 2(d) of the Notaries Act, 1952, a Notary is a person appointed to perform specific legal functions, primarily related to the authentication and certification of legal documents. The primary role of a notary is to verify, witness, and certify the execution of various legal instruments.
Historical Context
Prior to the enactment of the Notaries Act, 1952, the duties now performed by notaries were governed by the Negotiable Instruments Act, 1881, under which the term "Notary Public" was commonly used. However, this is now considered a traditional title, and the functions and powers of notaries are currently regulated exclusively by the Notaries Act, 1952.
Why is Notarization Important?
Notarization plays a vital role in:
- Preventing fraud by ensuring authenticity.
- Ensuring legal validity of documents for use in courts and government departments.
- Facilitating admissibility of evidence in legal proceedings.
Common documents that often require notarization include affidavits, agreements, power of attorney, declarations, and property documents.
Eligibility to Become a Notary in India
Under Rule 3 of the Notaries Rules, 1956, the following qualifications are required to be appointed as a notary:
For Advocates
- Must have practiced as an advocate for at least 10 years.
- For candidates belonging to Scheduled Castes (SC), Scheduled Tribes (ST), women, or persons with disabilities, the required experience is 7 years.
For Government Officers
- Officers in the Indian Legal Service (ILS).
- Officers holding judicial positions under the Central or State Government with a minimum 10 years of experience are also eligible.
Application Process for Notary Appointment
Eligible candidates can apply through the online portal of the appropriate government authority (Central or State). The process typically involves:
- Filing an Application with prescribed documents and fees.
- Verification and Inquiry by the competent authority.
- Interview to assess the candidate’s knowledge and experience.
- Official Appointment through publication in the Official Gazette
Once appointed, the individual is legally recognized as a Notary and can perform the functions outlined under the Notaries Act.
Where to Find a Notary?
Notary officers are usually available at District Courts or government offices etc. Individuals requiring notarization services can approach any authorized notary in their jurisdiction.
Conclusion
The role of a notary is crucial in maintaining the authenticity and legality of documents. Notarization provides a formal layer of validation and legal assurance. Understanding the significance, eligibility, and process to become a notary can be highly beneficial for legal professionals and the general public alike.
