Upgrad LLM

about becoming notry advocate


Namashkar!

My question is what's the qualifications & procedure for becoming a notary advocate ?
it contains any exam or what?
kindly explain me please!
 
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Hello,

To become a notary in India, you must have:

  • Practiced as a professional advocate for ten years or seven years in the case of a special category or a woman.
  • Belong to the Indian Legal Services or
  • Served under the State or Central government and had acquired special law skills as an advocate or
  • Served as an officer in the Judge’s department of the advocate general or in the military.

Please refer to this link for better understanding

https://www.lawnn.com/notary-public/

Regards,
Joy Bose


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Advocate

A Notary is essentially a Public Officer appointed by the Central Government for the whole of India or any part of its territory, or the State Government (for a whole or any part of a state) as the case may be. A Notary is a person with authority to draw up deeds and perform other legal formalities. Notaries are, therefore legal professionals who are publicly authorised to draw up or attest contracts or similar documents, to protest bills of exchange, etc. and discharge other duties of a formal character.

 

 

 
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Advocate

THE FOLLOWING PEOPLE MAY APPLY:

  1. An individual who has been practising at least for ten years, or
  2. A person belonging to Scheduled Caste/Scheduled Tribes and other backwards classes who has been practising at least for seven years, or
  3. A woman who has been practising at least for seven years, as a legal practitioner, or
  4. The individual has to be a member of the Indian Legal Services under the Central Government, or
  5. The individual has at least for ten years,-
    1. Been a member of the Judicial Service; or
    2. Has held an office under the Central Government or a State Government requiring special knowledge of law after enrolment as an advocate, or held an office in the Department of Judge Advocate General or in the Legal Department of the armed forces.

Therefore, only a legal professional with prior experience may apply to be declared a Notary Public.

 
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Advocate

Rule 4 of the Rules, 1956 prescribes the procedure for application for appointment as a Notary Public in India.

Where   the application is allowed, the appropriate Government shall appoint the applicant as a notary and direct his name to be entered in the Register of Notaries maintained by that Government under section 4 of the Act and issue to him a certificate on payment of prescribed fees authorizing him to practise in the area to which the application relates or in such part thereof as the appropriate Government may specify in the certificate, as a notary for a period of five years from the date on which the certificate is issued to him.

The appropriate authority examines every application received by him and rejects the application if the conditions  of application are not satisfied with or if any previous application of the applicant for appointment as a notary was dismissed within six months before the date of the application, and inform the applicant accordingly. Further, he may, if he thinks fit, ascertain from any Bar Council, Bar Association, Incorporated Law Society or other authority in the area where the applicant proposes to practice, the objections, if any, to the appointment of the applicant as notary, has to be submitted within the time fixed for the purpose.  After holding such inquiry as he thinks fit and after giving the applicant an opportunity of making his representations against the objections, he shall make a report to the appropriate government recommending either  that  the  application may  be allowed  for  the  whole or any part of the area to which the application relates or that it may be rejected.

 An applicant is to be notified of every order passed by the appropriate Government, i.e., whether his application has been rejected or allowed to whatever extent.

 
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