Does a Notary Make a Document Legal?

Let me answer your question: Does a notary make a document legal? The notarisation plays a crucial role in affirming the authenticity of a document, but it does not automatically make the document legal in all contexts.

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Does a Notarized Document Make it Legal?

A notarized document is considered valid and admissible in court, but its legal enforceability depends on the nature of the document and the case-specific circumstances.

A notary public, appointed under the Notaries Act, 1952, authenticates the identity of the person signing the document and attests that the signature was made voluntarily. This adds a layer of credibility and prevents future disputes regarding the execution of the document.

However, notarization does not mean the document has legal sanctity on its own. For example, a notarized agreement between two parties may be accepted as valid evidence of mutual consent but will not carry the same enforceability as a registered document under the Registration Act, 1908. Especially in cases involving property, lease, or inheritance rights. In such scenarios, registration at the sub-registrar’s office is mandatory for the document to have full legal effect.

Moreover, courts in India do consider notarized documents as supporting evidence, especially in civil cases, but whether they are decisive depends on how the court interprets the document in relation to other evidence.

Certain documents like affidavits, power of attorney, and declarations are often notarized to establish their authenticity, but for such documents to be fully binding, proper drafting and compliance with legal requirements are essential.

The notarization helps verify identity and intention, making a document legally recognizable, but it does not by itself make a document enforceable in every legal context.

"Notarial acts" is another term for notarization. It involves a notary public's three-step procedure, which includes record keeping, certification, and screening. Notarization is typically required for papers needed for legal proceedings or banking transactions. Coming back to your query, does a notary make a document legal? Usually, yes it is.

Does Notarizing a Document Make It Legal?

It is the formal procedure to stop fraud and guarantee the parties to the transaction that the notarized document is authentic. A notary public authenticates and witnesses signatures on legal documents. It helps confirm the identity of the signers and ensures they are signing willingly and knowingly. However, notarization alone does not make a document legal. 

Here are some points to consider:

• Notarization verifies the authenticity of signatures and prevents fraud.

• Notary registration document must comply with applicable laws and regulations to be legally valid.

• The content of the document must be legally sound and fulfill all necessary requirements.

I hope you found this helpful.

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