How To Cancel Notary Agreement: Methods, Legal Process and Important Rules in 2026

Notarized agreements are widely used in India for various purposes, ranging from rent agreements to affidavits and initial sale agreements. While these documents carry legal recognition to some extent, there are circumstances in which parties may wish to terminate them. Understanding how to cancel a notary agreement properly is essential to avoid future legal disputes. This guide outlines the legal methods, required documents, and step-by-step procedures to ensure the agreement is annulled correctly.

What Is a Notary Agreement?

A notary agreement is a legal document authenticated by a notary public to verify the identities of signatories and ensure voluntary execution. While notarization confirms the document's authenticity and helps prevent fraud, it does not guarantee full legal enforceability like a registered deed. It primarily serves as valid proof that the signatures are genuine and that the parties signed willingly. [1]

Can You Cancel a Notary Agreement?

Many individuals are often confused about whether a notarized document can be revoked once it is signed and stamped. However, it is not as simple as verbally agreeing to stop following the rules. [1]

• Mutual Consent: The easiest way to cancel is if both parties agree that the contract is no longer needed.
• Breach of Contract: If one party fails to perform what they promised, the other party can initiate cancellation.
• Legal Validity: Since a notarized agreement creates a presumption of validity, you must create a new legal document to negate the old one.

Effectively, you are creating a paper trail that says, "The previous agreement involving these specific parties is now null and void."

Methods to Cancel a Notarized Agreement

There are specific legal routes you must take to ensure the cancellation is valid. [2]

Method 1: Mutual Cancellation Deed

When both parties act in good faith and decide to end their professional or contractual relationship, they use this method.

• Both parties sign a cancellation deed: You draft a new document called a "Deed of Cancellation" or "Cancellation Agreement." This document explicitly references the original agreement.
• Must be notarized: Just as with the original document, this cancellation deed must be signed in front of a notary to prove that both parties agreed to end the contract willingly.
• Safest and most common method: This prevents future lawsuits because both parties have formally released each other from their obligations.

Method 2: Legal Notice & Cancellation

If one party defaults on payment, refuses to hand over property, or violates the terms, the other party can take unilateral action.

• Used when one party defaults: If the other person is not cooperating, you cannot force them to sign a cancellation deed immediately.
• Notice issued through an advocate: You hire a lawyer to send a formal legal notice. This notice states that, for specific reasons (such as non-payment), the agreement is cancelled after a specified notice period.
• Followed by cancellation deed or court action: If they do not respond or fix the issue, the agreement is considered terminated, and you may proceed to court if they challenge it.

Method 3: Court Order

If there is a heavy dispute, such as a disagreement over a property advance payment or fraud, you cannot just cancel the paper yourself.

• Required when dispute exists: If one party refuses to cancel and claims the agreement is still valid, you must approach a civil court.
• Court declares agreement void or cancelled: The judge will review the facts. If they find the agreement invalid or breached, they will issue a decree cancelling the instrument. This overrides any notary stamp.

For those who cannot visit a physical office, understanding what is a mobile notary is might help in facilitating these methods more conveniently.

Documents Required for Cancelling a Notarized Agreement

To ensure the cancellation process is smooth and legally binding, you must have the correct paperwork ready. Whether you are going for a mutual cancellation or sending a legal notice, these documents are essential evidence. [3]

• Original notarized agreement: You must have the original document that you wish to cancel. A photocopy might not be enough for legal verification.
• ID proofs of both parties: To verify that the people cancelling the agreement are the same ones who signed it. Aadhaar cards, PAN cards, or Passports are standard.
• Draft cancellation deed: A newly typed document on stamp paper that details the terms of the cancellation.
• Proof of breach (if any): If you are cancelling because the other person failed to pay or perform a duty, keep evidence like bank statements or bounced cheque records.

It is also wise to know how to verify a notary to ensure the professional handling your cancellation is legitimate.

How to Cancel a Notarized Agreement?

The process for canceling a notary agreement involves a systematic approach. Rushing through this can leave loopholes that might be exploited later. Here is a step-by-step procedure to follow. [4]

Step 1: Review the Agreement Terms

Look for a "Termination" or "Cancellation" clause. This clause usually tells you how much notice period you need to give, or if there is a penalty for cancelling early. Following these rules makes the cancellation harder to challenge.

Step 2: Draft a Cancellation Deed

Prepare a "Deed of Cancellation." In this document, you must clearly mention the date of the original agreement, the names of the parties, and the specific reason why you are cancelling it. If money is being returned (like a security deposit), mention the transaction details here.

Step 3: Get the Cancellation Deed Notarized

Take the Cancellation Deed to a notary public. Both parties should sign it in the notary's presence. The notary will stamp and sign it, entering the details in their register. This makes the cancellation official. In some modern contexts, you might check what states allow online notary services if physical presence is difficult, though rules in India generally require physical presence.

Step 4: Exchange Copies Between Parties

Once the document is notarized, ensure that both parties receive an original signed copy or a certified copy. You need this record to prove in the future that you have no more obligations toward them.

DEED OF CANCELLATION OF AGREEMENT FORMAT

This Deed of Cancellation is made on this ___ day of _______, 20 at __________________.

BETWEEN

First Party:
Name: ______________________________
Address: ___________________________

AND

Second Party:
Name: ______________________________
Address: ___________________________

WHEREAS

1. The above-named parties entered into an Agreement dated __________ (hereinafter referred to as the “Original Agreement”), which was duly executed/notarized between both parties.
2. Due to mutual understanding and consent, the parties have decided to cancel and terminate the said Original Agreement.

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. The Original Agreement dated __________ is hereby cancelled and terminated with effect from __________.
2. Both parties confirm that they have no rights, claims, demands, or liabilities against each other arising out of the said Agreement.
3. Both parties declare that this cancellation is made voluntarily, without any force, fraud, or coercion.
4. The Original Agreement shall be treated as null and void from the effective date of cancellation.

IN WITNESS WHEREOF,

the parties have signed this Deed of Cancellation on the day, month, and year first written above.

First Party Signature:
Name: __________________________
Signature: _____________________

Second Party Signature:
Name: __________________________
Signature: _____________________

WITNESSES

1. Name: _______________________
   Signature: __________________
2. Name: _______________________
   Signature: __________________

NOTARY ATTESTATION

Signed before me on this ___ day of _______, 20 at __________________.

Notary Signature & Seal

Difference Between Cancelling a Notary Agreement and a Registered Agreement

It is essential to distinguish between a simple notarized document and a registered one. A registered agreement is recorded with the government (Sub-Registrar's office), while a notarized one is verified by a public notary. Consequently, the cancellation process differs significantly in terms of formality and legal weight. [5]

If you are unsure about the nature of your document, check what documents need to be notarized and which must be registered.

When a Notary Agreement Cannot Be Cancelled?

Cancelling a notary agreement becomes difficult if specific third-party rights have been created or if the document was subsequently registered. In such complex cases, a simple cancellation deed is insufficient. You typically need a formal court order to declare the agreement void and legally terminate the obligations, especially when disputes arise regarding property ownership or financial liabilities.

How NoBroker Assists With Notary Services?

NoBroker simplifies the complex legal process by offering expert assistance with essential notary services. Their experienced team helps you draft legally sound cancellation deeds and reviews existing agreements for potential liability. They guide you through the necessary steps, including how to verify notary credentials, ensuring you understand how to cancel a notary agreement securely. This comprehensive support ensures compliance with Indian laws while saving you valuable time and effort during the documentation process.