notarial register
meenakshi chauhan
(Querist) 26 October 2010
This query is : Resolved
Is this possible that we got our any document notarized, the notary stamped the document but didnot mentioned any number on the document. And even if we now check the register we couldnot find the entry in the notarial register.
what will be the circumstances in this situation. What will be the authenticity of that document. And how the court will see that document?
May i please tell that i am concerned for the period around 1993 or 1985..
adv. rajeev ( rajoo )
(Expert) 26 October 2010
It does not make much difference. It is registar maintained by the notary which will be inspected by every year by the Dist., court. Nothing to worry much. If the document is challenged then call the notary for evidence.
Kirti Kar Tripathi
(Expert) 26 October 2010
Under the Notary Act, the Said document is not admissible as evidence, unless entries of documents are not entered in the said register. you can complaint to the District Magistrate for not getting entry in the register under the Act.
meenakshi chauhan
(Querist) 27 October 2010
But that notary is dead now and that document was notarized long time back in 1993..
Sri Vijayan.A
(Expert) 30 October 2010
Does anybody challenge/ dispute the execution of the document now, i mean after 17 years?
meenakshi chauhan
(Querist) 31 October 2010
yes he is .. and even the court is listening him..
pawan sharma
(Expert) 02 November 2010
you can approach the witnesses to the document,also.
Rajeev kulshreshtha
(Expert) 05 November 2010
In that case you can prove the document through the witness of document and you can also prove the signature of notary public producing the son or assistance of that notary public.
Ramakrishnan.V
(Expert) 07 November 2010
Section 32 of Indian evidence act 1872,will come handy
32. Case in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant - Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which, under the circumstances of the case, appears to the Court unreasonable, are themselves relevant facts in the following cases -
(2) Or is made in course of business - When the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledgement written or signed by him of the receipt of money, goods securities or property of any kind; or of a document used in commerce written or signed by him or of the date of a letter or other document usually dated, written or signed by him.
As stated by Rajeev Kulshrehtha it is enough and as per the registration act, if the document is produced nothing more is needed like power of attorney
Ramakrishnan.V
