Who Can be a Notary: Types, Eligibility, Qualifications, Roles & Responsibilities

A notary is a government-appointed official whose signature and seal certify the authenticity of a document. The position is not open to all; it requires a specialized commitment to law and adherence to stringent professional standards. This guide provides a detailed look at the legal and professional requirements that legitimize a notary's role, ensuring that when you ask, "Who can I get for notarized documents?" you are dealing with a verifiable public officer.

Who Can Be a Notary in India? 

The authority to become a notary is granted under the Notaries Act, 1952, which establishes specific legal, educational, and professional criteria. Essentially, a person must first be a qualified lawyer with substantial courtroom experience. The selection process is rigorous, ensuring that those authorized to perform this public duty possess a deep understanding of legal compliance and ethics. This specialized background is vital, as the notary acts as an impartial witness whose certification protects citizens from fraud. [1]

What are the Eligibility Criteria for Becoming a Notary

The following professional criteria are mandated for an advocate to be considered for a Notary Public commission:

• Must be an advocate, legal practitioner, or someone with special legal knowledge: The applicant must hold a Bachelor's Degree in Law (LLB) and be enrolled as an advocate with a State Bar Council, possessing the necessary legal understanding to appreciate the gravity of the documents they attest.
• Minimum 10 years of legal practice (7 years for SC/ST/OBC or women candidates): This requirement for extensive courtroom experience is non-negotiable. It ensures the advocate has achieved professional maturity and understands the legal consequences of the documents they are certifying.
• Must be recommended by a competent authority (e.g., District Judge, Collector): The advocate must receive a positive recommendation from the District Judge, Magistrate, or other prescribed authorities, confirming their good standing and competence within the local legal jurisdiction.
• Must apply for a specific jurisdiction (district, state, or national): The commission granted is limited to a specific area (a single district, a state, or the entire country). The application must clearly state the desired geographical jurisdiction.
• Must undergo approval from Central/State Government: The final appointment is made by the Central Government (for an all-India commission) or the State Government (for a state commission) after a thorough review of the application and the advocate's qualifications.

What are Types of Notaries in India 

Notaries are categorized by the extent of their legal authority, as determined by the appointing government body. This distinction is critical for understanding a document's validity across different regions. [1]

What Are the Qualifications Required to Become a Notary? 

The process of becoming a notary is an advancement from a standard law career, requiring specific notary qualifications to hold the public office. [1]

• Law Degree (LLB): The foundation is a law degree that certifies the necessary educational background in constitutional, civil, and criminal law.
• Valid Advocate License: The applicant must possess an active license to practice law, obtained by registering with the local State Bar Council.
• Years of Legal Experience: The mandatory requirement of 7 to 10 years of experience (depending on the category) ensures that the individual has substantial practical experience in litigation and property law.
• Character Certificate: The applicant's application must be supported by character and integrity certificates that attest to their good moral standing, which is essential for a public officer whose role is to prevent fraud.

Roles & Responsibilities of a Notary in India

The duties of a notary public are defined by the Notaries Act, 1952. Their primary function is to lend authenticity to documents by verifying identity and consent. [1]

• Attesting Affidavits, Agreements, Property Documents: The notary’s seal confirms that the document was signed in their presence by the identified person.
• Certifying True Copies: They certify that a photocopy of a document (e.g., a passport or educational certificate) is an accurate and unaltered reproduction of the original.
• Administering Oaths: The notary witnesses the signer taking an oath or affirmation that the statements contained in a document (like an affidavit) are true.
• Preparing Notarial Acts: They prepare and record formal notarial instruments required as legal evidence, such as ship protests or declarations.
• Verifying Identity of Parties: The notary verifies the identity of the signatory using valid government-issued photo identification, ensuring the individual executing the document is the person they claim to be.
• Preventing Fraud in Documentation: By verifying the identity and the voluntary nature of the signing, the notary acts as the government's anti-fraud checkpoint in private legal dealings.

Types of Documents a Notary Can Attest 

The documents that require the validation of a notary are those where the certainty of the signatory’s identity and consent is paramount. [1]

• Affidavits: Documents where the signer (affiant) swears to the truth of the contents before an official.
• Power of Attorney (POA): Required to certify the voluntary consent of the person granting legal authority to an agent.
• Property Agreements: Used for general agreements related to sale, lease, or mortgage where the deed has not yet been registered.
• Name Change Documents: The initial affidavit for a name change must be notarized before it can be published in a newspaper or submitted to the Gazette.
• Declarations: Formal self-declarations regarding income, marital status, or loss of documents.
• Commercial Documents: Used for certain business contracts, MoUs, and documents required for international trade verification.

How NoBroker Helps With Notary Services 

Securing the verification services of a qualified notary is essential for legal compliance. NoBroker simplifies this process by providing a secure, convenient platform for connecting users with licensed Notary Publics. Our service assists in finding the appropriate professional, ensures that all legal and procedural requirements are met, and facilitates the end-to-end process of document review, printing on e-stamp paper, and delivering the notarised document directly to the client.