What is a notary public?

A Notary Public is an official appointed by the government to serve as an impartial witness for important legal acts and documents. Their main job is to verify identities, witness signatures, and authenticate documents so that the documents are trustworthy and less prone to fraud.

What Do You Mean by a Notary Public?

They are appointed by the government in India under the Notaries Act, 1952 (central or state government). A Notary Public’s duties commonly include:

1. Witnessing Signatures: Confirm the signer is genuine and signs willingly.

2. Verifying Identity: Check government-issued ID to ensure the person is who they claim to be.

3. Administering Oaths & Affirmations: Especially for affidavits or sworn statements.

4. Attesting & Certifying Documents: Such as deeds, contracts, powers of attorney, affidavits, true copies, etc.

5. Preventing Fraud: Their verification and seal add credibility to documents.

When a Notary Public completes their verification duties, they affix an official seal/stamp and signature on the document. This process is collectively called notarization, and it gives the document formal credibility and evidentiary value. A Notary is not necessarily a lawyer and generally cannot provide legal advice or draft legal documents unless they are also qualified separately to practice law.

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A Notary Public in India is an individual appointed by the government under the Notaries Act, 1952 to act as an impartial, official witness to certain legal formalities particularly the signing and certification of documents. So, to simply answer your query: what is a notary public? I must say that a notary is “a publicly commissioned official who serves as an impartial witness during the signing of legal documents”.

What is a Notary?

• In practical terms in India, this means that the notary verifies the identity of the signatory, witnesses that the document is signed freely (without coercion), and affixes his/her official seal and signature to affirm that the required formalities have been met.

• The notary does not usually represent one party against another (unlike an advocate), but rather acts neutrally to bolster the authenticity and evidentiary value of the document.

• The appointment of a notary is governed by the Notaries Act, and under Section 3 of that Act the Central Government (or a State Government for its part) may appoint legal practitioners meeting certain qualifications as notaries.

• Duties typically include certifying or attesting the execution of instruments, administering oaths or affirmations, and verifying translations of documents when required.

Having a document notarised by a notary public in India enhances its credibility before courts, banks, government offices and for international use because the notary’s intervention means that the signatory’s identity and intent were verified, and the document’s formalities observed.

When I was in college, we had to move to a rented accommodation and we insisted that the rent agreement be made in our names. That is when my first visit happened in the notary office. I quietly sat there while my father was looking after everything. But I am a keen observer so I was familiarising myself with what is a notary public and what does a notary public do. Maybe I can help you know those details now. 

A notary public is a position of power and an individual of importance. He/she is appointed by the State Government to oversee and authorise important transactions. A notary helps in identifying the identity of signer, witness and all the parties involved on behalf of the state government. Some of the documents signed in front of the notary include:

• Rent agreement

• Estates

• Deeds

• Powers of attorney

• Affidavits

• Licences

• Contracts

• Loan documents

• Trusts, etc.

A notary public is responsible to draw up and validate contracts, deeds and other legal documents. 

This should answer your question

what is a notary public. I hope this helps. 

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