Notary and stamp vendors register
JP Dubey
(Querist) 02 July 2013
This query is : Resolved
My friend is faced with a peculiar problem. His wife has expired. Her brothers have now put up notarised affidavit alleged to have been signed by her singly 14 years ago and jointly with others 5 years ago forgoing her share in the joint property and also a family settlement to that effect also notarised allegedly signed 10 years ago. But despite all this in the lease deed that was renewed 3 years ago she was a joint holder. My friend is very sure that his wife never traveled to her parental place which is quite far off at any time to sign any such documents. Obviously her signatures on the documents were either forged or taken all at once my friend’s house without letting her know the contents, on some other pretext.
My friend wants to challenge the documents on the strength of the record of registers of the notaries and the stamp vendors-where her signature will be obviously either missing or forged. He has found that while stamp vendor’s register is deposited with the Registrar, Notary’s register is not so deposited anywhere. Unfortunately one of the notaries has died.
Can the credibility of the documents be challenged if it is found that she had not signed at any of these registers- neither the stamp vendor’s nor the notary’s? Can then it be taken that her signatures on the notarised stamp papers were not taken on the dates of execution and hence not admissible as evidence?
How and where does he get the register of the dead notary ?
Raj Kumar Makkad
(Expert) 03 July 2013
No doubt the documents can be doubted and accordingly be challenged before the court of law but basic question is the notarized affidavits are not sufficient to transfer the immovable properties and thus if if affidavits are proved, there is no valid transfer of property. Your friend can file a civil suit for partition and possession qua the share of his deceased wife.
JP Dubey
(Querist) 03 July 2013
Thanks Adv.Makkad. But his Q is about the 1.validity of the registers of stamp vendor and the notary as evidence
2.How and where to source a copy of the dead notary's register?
Further, since it is Nazul plot can it be partitioned?
JP Dubey
(Querist) 03 July 2013
Moreover, he is worried no so much for the affidavits but the " family settlement".
Raj Kumar Makkad
(Expert) 03 July 2013
If available in the office of such Notary or in his reports (sometimes copy of notary register) to the Department of Law & Justice, GOI, you can definitely bring it in the evidence.
JP Dubey
(Querist) 04 July 2013
Thanks again. I have downloaded notary act and rules which say that the annual return ( not register) on FORM XIV(Rule 13(14)) is to be submitted in first wk of Jan every year to the res govt. If my friend wants a copy of the register of the day say on which the " family settlement" was notarized, where does he get it from since the Notary is dead. Further is the notary obliged to give him a copy on request?
Raj Kumar Makkad
(Expert) 05 July 2013
There are many ifs and buts and there is no simple reply to such queries. You can only be provided the way to get the relief and rest depends upon your efforts and circumstances.
JP Dubey
(Querist) 05 July 2013
Very well. His idea is to parallely sue the brothers-in-laws for forgery,submitting false docs and cheating for which the difference in signatures on the docs if obtained fraudulently years later and in the register of stamp vendor and notary will be helpful.
Is a notary obliged to provide a copy of his register on a particular date under RTI?
Raj Kumar Makkad
(Expert) 05 July 2013
RTI act is not applicable in cse of Notary Public but he shall definitely oblige you if you directly contact him or his legal heirs/successors.
