Some query regarding notary

Sumeet (Querist) 07 June 2020 This query is : Resolved
I have a civil case pending..

In evidence there are some fraud agreements which was made from behind my back.

An agreement was made in year 2000 and the notary attestation is done in year 2003.

My Questions are--

1. Is it Legal/Illegal if agreement are executed and notary is done after 3 years?IS THIS NOTARY LEGAL?

2. This fraud is done behind my back, so no entry is made in notary register IS IT LEGAL/ILLEGAL to do notary without entry in notary register?

3. DO GOVERNMENT KEEP NOTARY OLD REGISTERS SAFE OR BURN THEM?
If I want to call the notary register in court or do my own investigation regarding notary register, CAN I FIND 20 YEARS OLD NOTARY REGISTER NOW??

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Quick Summary

This discussion addresses the legality of notary attestations made years after an agreement's execution. It clarifies that notarising an agreement three years after its execution, and without proper entry in the notary register, is generally considered illegal and a violation of notary rules. While government bodies don't typically burn old registers, notaries themselves may not retain records for 20 years, making investigation difficult but not impossible by calling the notary as a witness.

Isaac Gabriel (Expert) 07 June 2020
Insufficient information.

Raj Kumar Makkad (Expert) 07 June 2020
1. It is illegal if the agreement is notarized after the expiry of the applicability of such agreement which is 3 years from the date of execution.

2. Procedure is violated by the Notary and on that basis the act of the Notary is questionable especially when the agreement was notarized without the presence of the one of the parties after a period of 3 years of its alleged execution.

3. Government do not burn or destroy but such notary definitely destroy such old record but even then you have no other option but to call the notary in witness box.

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kavksatyanarayana (Expert) 07 June 2020
1.the agreement was executed in the year 2000 and Notary attestation was done in the year 2003 so it is invalid. 2. Notary entry should have been recorded. Otherwise, it is against to Notary Rules.3. After checking the Notary Register, it will be returned to the Notary concerned by the authorized authority. But it is probably not possible to keep the record for 20 years. As a layman, you can call for Notary record for witness.

P. Venu (Expert) 08 June 2020
What prevents you from making a wholesome posting instead of posting surmises based on subjective opinions?

Rajendra K Goyal (Expert) 08 June 2020
The action of Notary is not legal. Lodge complaint of the Notary.

It is illegal if the entry is not made in the Register. Lodge complaint of the Notary.

Notary should preserve the copies of journal for specified period by states. You can call the said notary for witness.

Under Rule 11 of Notaries Rules 1956, it is prescribed
(2) Besides recording declaration of payment for honour a notary shall also register notings and protests
made. Every notary shall maintain a notarial register in the prescribed Form XV.] …..

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Dr J C Vashista (Expert) 09 June 2020
Same facts / query was posted and replied by experts in https://www.lawyersclubindia.com/experts/some-query-regarding-notary-719406.asp
Why to repeat ???
It is absurd and ridiculous.

Rajendra K Goyal (Expert) 09 June 2020
Call the Notary for witness, if his signatures are on the document as proof, it would be difficult for him to deny.

Raj Kumar Makkad (Expert) 09 June 2020
The retaining period of retaining the record by the Notary Public is 3 years only so expecting such record after such a belated period and declaring his action as illegal at this stage is nothing but an absurd.

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Raj Kumar Makkad (Expert) 09 June 2020
Even if called in wtiness box, such Notary Public can also deny his signature and notarization for want of relevant record or may say that he had entered entire information as per prevalent rules at that time, however, he cannot say anything apart from the record which already stands destroyed as per rules.

You cannot solely base your case upon the deposition of the Notary Public in the given facts.

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