Duties of a Notary Public in India: Roles, Powers, Legal Responsibilities and Fees Charges in 2026

Indian law regulates notaries through a structured statutory framework. The Notaries Act, 1952 and the Notaries Rules, 1956, define appointment, powers, duties, fees, and record obligations. A notary public performs authentication services that strengthen legal enforceability and reduce the risk of fraud. This guide explains how the system operates, where notarisation fits within documentation processes, and what legal boundaries govern notarial authority. [2]

Who Is a Notary Public? 

A Notary Public is a legal professional appointed by the Central or State Government under the Notaries Act, 1952. The notary serves as an impartial official witness for the signing of important documents, such as affidavits, powers of attorney, agreements, declarations, and contracts. The notary verifies the identity of the signatory, confirms the document is signed voluntarily, and helps prevent fraud. A document bearing the notary’s signature and official seal carries strong legal validity for use in courts, banks, and government offices. [1]

The term “Notary” refers to the official authority to perform notarial acts like attesting, stamping, sealing, and administering oaths. A “Notary Advocate” is simply an advocate appointed as a notary. Since the government generally appoints experienced lawyers with at least 10 years of practice (7 years for women and certain reserved categories), most notaries in India are advocates.

A notary public is neither a judge nor a private lawyer handling disputes. The role focuses on authenticating documents and ensuring legal compliance, not on deciding cases or representing clients in court.

Where and Why Are Notary Services Required? 

Notary services refer to the official process of verifying and authenticating important documents through a government-authorised notary public. A notary service is required as it acts as an impartial third-party witness who confirms that the signer appears in person, provides valid identification, understands the document, and signs willingly without pressure. This process builds trust and reduces the risk of fraud or forgery. [3]

Common Situations Requiring Notary Services 

A notary confirms the signer’s identity through valid government-issued photo identification and requires the person to sign in their presence. This process verifies identity, ensuring the individual is genuine and acting voluntarily. The notary then applies an official seal and signature, which provides legal authenticity, making the document formally recognised and widely accepted in courts, banks, and government offices.

Notarization is commonly required in the following situations:

• Property deeds and mortgage documents
• Power of Attorney (POA)
• Affidavits and sworn statements
• Wills and estate planning documents
• Business agreements and corporate resolutions
• Vehicle title transfers
• Immigration and visa documents
• Travel consent letters for minors

Note: In each case, the purpose remains the same: verify the person signing and ensure the document holds accepted legal validity.

Fees Charged by a Notary Public in India 

The government regulates the fees that a Notary Public [3] can charge for their services under the Notaries Rules to ensure they are reasonable and uniform. The fees charged by a Notary Public in India are governed under the Notaries Rules, 1956,[1] which prescribe a statutory schedule to maintain reasonable and uniform pricing for notarial acts across the country.

Disclaimer: These fees are indicative and based on the statutory schedule under the Notaries Rules. Actual charges may vary slightly depending on the state government’s applicable rules, document complexity, and local administrative practices.

Notary Rules and Regulations in India

Notary services in India operate under a clear statutory framework defined by the Notaries Act, 1952 and the Notaries Rules, 1956. These laws regulate the appointment, powers, duties, and professional conduct of notaries across the country. The Central Government and State Governments hold the authority to appoint eligible and experienced legal practitioners as notaries. The law specifies the scope of notarial functions, prescribes the fee structure, and sets procedural standards to ensure uniformity and accountability.

Notaries must also maintain an official register of all notarial acts performed. This record-keeping obligation creates a permanent legal trail, strengthens transparency, and supports verification in the event of disputes. Through this regulated framework, the law ensures consistency, legal authenticity, and public trust in notarial services nationwide.

Duties and Responsibilities of a Notary Public

The duties and responsibilities of a notary public are varied and crucial for the legal system. They act as public officials to ensure the proper execution of documents. Here is a detailed breakdown of the primary notary duties.

Verifying Identity and Witnessing Signatures

• Identify the Signer: The foremost duty is to verify the person's identity by presenting official identification, such as an Aadhaar card, passport, or driver's license.
• Require Personal Appearance: The person signing the document must be physically present before the notary. This is a non-negotiable step to prevent identity fraud.
• Verifying Signatures: The notary confirms that the signature on the document belongs to the person who has appeared before them.
• Witnessing Signatures: The notary acts as an official, impartial witness to the act of signing, confirming it was done willingly and without pressure.

Administering Legal Formalities

• Administering Oaths and Affirmations: For certain legal documents, a notary has the authority to administer an oath, where the person formally swears that the contents of the document are true.
• Taking Affidavits: An affidavit is a written statement confirmed by oath. A key duty of a notary is to witness the signing of affidavits and verify that the deponent (the person making the statement) has sworn to its truthfulness.
• Placing the Signer Under Oath: This is the formal process of making a person promise that the information they are providing is accurate and true to the best of their knowledge.

Authenticating and Certifying Documents

• Authenticate Documents: A primary function is to authenticate documents, which means they check and certify that the document is a genuine and valid instrument.
• Certifying Copies of Documents: A notary can certify a photocopy of an original document as a "true copy." This is often required when you need to submit copies of documents like your passport or educational certificates.
• Using the Notary Seal: Every notarial act is completed by applying the notary’s official signature and seal. This seal is unique to the notary and gives the document its legal validity.

Handling Specific Legal and Commercial Documents

• Powers of Attorney: A Power of Attorney is a powerful legal document that grants someone the authority to act on your behalf. Notarization is mandatory to ensure its validity.
• Contracts: Notarizing business contracts and agreements adds a layer of authenticity and helps prevent future disputes about who signed the document.
• Deed of Rectification: If there is a minor error in a registered property deed, a Deed of Rectification is created to correct it, and this document must be notarized.
• Protest Instruments: In commerce, if a financial instrument like a cheque or a bill of exchange is dishonoured (not paid), a notary can formally record this fact. This act is known as a "protest."

Maintaining Official Records

• Maintaining Notary Documentation: Every notary is required by law to maintain a detailed register of all the notarial acts they perform. This register includes the date, the nature of the act, the names of the parties involved, and the fees charged.

Limitations of a Notary Public

While their role is significant, it is important to understand what a notary cannot do. The public notary's duties have clear boundaries.

• A notary cannot provide legal advice or explain the contents of the document to the signer.
• A notary cannot draft a legal document for the person whose signature they are notarizing.
• A notary is forbidden from notarizing any document in which they have a personal or financial interest.
• A notary cannot proceed if the signer is not physically present before them at the time of signing.
• A notary is not allowed to predate or postdate the notarial certificate.

When Is Document Notarization Required?

Not every document needs to be notarized, but it is mandatory for those that require a high degree of legal sanctity.

• For all affidavits and declarations that will be submitted to a court of law or a government authority.
• For creating a valid Power of Attorney (PoA) document.
• For most property-related documents, such as sale agreements and deeds.For many documents that need to be sent and used in a foreign country (often followed by an Apostille or Embassy attestation).
• For making certified "true copies" of original documents for official submissions.

Legal Importance of a Notary’s Signature and Seal

The signature and seal of a notary are not just decorative stamps; they carry immense legal value and provide several layers of protection.

• Presumption of Genuineness: Under the Indian Evidence Act, a court will presume that a document certified by a Notary Public is genuine and was executed correctly.
• Deterrence of Fraud: Verifying identity and requiring a personal appearance serve as strong deterrents to forgery and identity theft.
• Admissibility as Evidence: Notarized documents are readily accepted as evidence in legal proceedings without needing further proof of execution.
• International Acceptance: The notary's seal is the first step in the legalisation process for documents intended for international use.

Notary Public vs Lawyer: What’s the Difference? 

Although both Notary Publics and Lawyers handle legal documents, their roles differ clearly within the legal system. A Notary Public is a government-appointed official who verifies identities, witnesses signatures, and authenticates documents to prevent fraud. A Lawyer (Advocate/Attorney) is a licensed legal professional who provides legal advice, drafts complex documents, and represents clients in disputes and court proceedings.

Key Differences

• Legal Advice: Lawyers can interpret laws and provide legal advice. Notaries cannot offer legal advice or explain the legal implications of documents.
• Court Representation: Lawyers can represent clients in court and handle litigation. Notaries cannot appear in court on behalf of anyone.
• Scope of Services: Notaries perform limited statutory functions such as verifying signatures and administering oaths. Lawyers handle advisory, drafting, negotiation, and dispute resolution.
• Impartiality: Notaries must remain neutral and cannot support either party. Lawyers act in the best interests of their clients.
• Qualification and Licensing: Lawyers must complete formal legal education and enroll with the Bar Council. Notaries require government appointment and certification; in India, most notaries are experienced advocates appointed under law.

Comparison Table: Notary Public vs Lawyer

How NoBroker Can Help With Notary Services?

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