power of attorney
RAJASEKAR
(Querist) 19 December 2010
This query is : Resolved
what is the difference between notary puplic and commissioner of oaths?
what are the powers vested with notary puplic and commisioner of oaths ?
power of attorney executed before the commissioner of oaths Regarding land dealing whether is it must be register before registering office?
Guest
(Expert) 19 December 2010
(1) Commissioner of Oaths - His job is to record evidence.
(2) Notary Public - His job is to attest a document or an Affidavit of a person declaring the contents before him.
(3) Power of Attorney regarding Land MUST BE REGISTERED as per s.17 of the Registration Act.
Parveen Kr. Aggarwal
(Expert) 19 December 2010
Notary Public are appointed under the Notariies Act, 1952 to perform various notarial acts prescribed under section 8 of the Act.
"8. Functions of notaries.- (1) A notary may do all or any of the following acts by virtue of his office, namely:-
(a) verify, authenticate, certify or attest the execution of any instrument;
(b) present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security;
(c) note or protest the dishonour by non-acceptance or non-payment of any promissory note, hundi or bill of exchange or protest for better security or prepare acts of honour under the Negotiable Instruments Act, 1881 (XXVI of 1881), or serve notice of such note or protest;
(d) note and draw up ship’s protest, boat’s protest or protest relating to demurrage and other commercial matters;
(e) administer oath to, or take affidavit from, any person;
(f) prepare bottomry and respondentia bonds, charter parties and other mercantile documents;
(g) prepare, attest or authenticate any instrument intended to take effect in any country or place outside India in such form and language as may conform to the law of the place where such deed is entitled to operate;
(h) translate, and verify the translation of, any document, from one language into another;
(ha) act as a Commissioner to record evidence in any civil or criminal trial if so directed by any court or authority;
(hb) act as an arbitrator, mediator or conciliator, if so required;
(i) any other act which may be prescribed.
(2) No act specified in sub-section (1) shall be deemed to be a notarial act except when it is done by a notary under his signature and official seal."
The Commissioner of Oaths (or Oath Commissioners) are appointed by the High Courts for empowering them to certify the oath of another upon documents, e.g. affidavits etc.
Sections 32 and 33 of the Registration Act, 1908 makes it mandatory that Power of Attorney authorising alienation of immovable property are to be compulsorily registered.
