Is this notary valid?

Ankush dahiya (Querist) 11 March 2020 This query is : Resolved
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This discussion clarifies the validity of notarised documents, particularly when notarisation occurs in the applicant's absence or without proper signature capture. While you cannot typically file a criminal case for such procedural lapses, you can lodge a complaint with the notary's appointing authority. If the notary's negligence causes financial loss, you may be able to sue for damages or claim against their surety bond.

Raj Kumar Makkad (Expert) 11 March 2020
You have not mentioned how those documents are relevant in your case and what is the objectionable role of Notary in this matter except that he notarized the documents in your absence and didn't obtain signature of the applicant in his register?

Raj Kumar Makkad (Expert) 11 March 2020
You can make complaint to the appointing authority of the Notary for violating the mandatory provisions so as to take action as per law against him but you can;t file any criminal case on the basis of the lapses you indicated.

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kavksatyanarayana (Expert) 11 March 2020
to me, If there are lapses in doing Notary any permissible documents, you shall complain against the Notary to the Appointing Authority of Notary of the District. After making the required inquiry that authority will take action accordingly.

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Rajendra K Goyal (Expert) 12 March 2020
Please state clear material information regarding documents.

You can lodge complaint against the notary to the appointing authority.

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T. Kalaiselvan, Advocate (Expert) 16 March 2020
As suggested by experts above, no criminal complaint shall be maintainable against the notary, you may give a complaint against the erring notary about this with documentary evidence.
(a) the acts and omissions which, if proved, would render the person complained against unfit to be a notary; .. Within sixty days ordinarily of the receipt of complaint, the appropriate government shall send a copy thereof to the notary at his address as entered in the Register of Notaries.
If a notary's official negligence or misconduct is the proximate cause of a person's financial losses, such person may sue and recover damages from the notary public. The person may also file a claim against his/her notary surety bond if the notary has a bond

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Ankush dahiya (Querist) 16 March 2020
Thank you sir, It was well explained

T. Kalaiselvan, Advocate (Expert) 16 March 2020
You are welcome for your appreciations Mr. Ankush Dahiya

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