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Y Singh N Rajput (Management Consultant)     04 June 2011

Forged notarised document

 

"X" did not sign a money receipt. But, "Y" produced a copy of document as money receipt showing some cheques to be given to "X" as a loan. This money receipt bears signature of "X" on court revenue stamp of Rs.2/- and notarised. Apparently this is a cut-and-paste job. I am interested how I can get signature of "X" verified from the Notary Register. Can someone let me know about the procedure to inspect and check the Notary's register? Who is authority to complain about if notary has put his stamp on blank document having no signature of "X"?



Learning

 10 Replies

prabhakar singh (advocate)     04 June 2011

A notary is appointed either by central or by state Govt.under the provisions laid down in Notary Act1952(Act no53of1952) read with rules framed there under and amended from time to time called the Notaries Rules 1956.

The power to inspect notary register is vested in district judge and competent authority,appointed by central or state govt.,as the case may,be.Rule 11 regulates it which is reproduced below:

 

11.     Transaction of business by a notary

          A notary in transacting the business under the Act  shall  use the forms set forth in the Appendix to these rules.

          (2) Besides recording  declaration  of  payment  for  honour  a notary shall  also  register  noting  and protests made.  Every notary shall maintain a notarial register in the prescribed Form XV.

          (3)  Where  any  demand  of  acceptance  or  payment or better security has been made by a clerk, a notary shall,  after  examination of  the  entry  in  the  register  relating  to such demand, affix his signature thereto, and cause the clerk to affix his signature also  to the entry.

          (4)  Each  notary shall, before bringing the notarial register into use, add a certificate on the title page specifying the number of pages it contains. Such certificate shall be signed and dated  by  the notary.

          (5) Every notary shall permit the  District  Judge  or  such officer  as  the  appropriate government from time to time appoints in this behalf to inspect his register at  such  times,  not  other  than twice a  year,  as  the  District  Judge or officer may fix.  District Judge or officer appointed by the State Government will have power  to lodge a report to the appropriate government for taking action against a notary.

          (6) When the original instrument is in a language  other  than English any noting or protest or entry in his register which has to be made  in  respect  of the instrument by a notary may be made either in that language or in English.

          (7) In making presentment of bills or  notes  a  notary  shall observe  the  provisions  of  Chapter  V of the Negotiable Instruments Act,1881 (XXVI of 1881).

          (8) The notary may-

          (1) draw, attest or certify documents under his official  seal including conveyance of properties;

          (2)  note  and  certify  the  general transactions relating to negotiable instruments;

          (3) prepare a will or other testamentary documents; and

          (4) prepare and take affidavits for various purposes  for  his notarial acts.

            (9) Every notary shall  grant  a  receipt  for  the  fees  and charges  realised  by him and maintain a register showing all the fees and charges realised.

please read sub rule(5) of rule 11 above.

However,if some finds that a notary has mis conducted professionally or otherwise,one can file a complaint before central orstate govt.,by whom notary has been appointed in form XIII of the rules,reproduced below and an action shall proceed in accordance with rule 13 which is also reproduced below:

 

FORM XIII

                                              COMPLAINT

Before  the  appropriate government under the Notaries Act, 1952(53 of

1952)

Between.................................................petitioner

and.....................................................respondent

Petitioner's address:

Respondent's address:

Particulars of complaint in

paragraphs consecutively numbered.....................................

Particulars of evidence oral and documentary, if any, to substantiate the complaint.................................

                                              Verification

I,.............., the petitioner do hereby declare that what is stated above is true to the best of my information and belief.

Verified today the................day of.............20........at.....

                                                                                    Signature

RULE NO

 

13.     Inquiry  into  the  allegations  of  professional   or   other misconduct of a notary

          (1) An  inquiry  into  the  misconduct  of  a  notary  may  be initiated  either  suo motu  by  the  appropriate  government or on a complaint received in Form XIII.

          (2)  Every  such  complaint  shall   contain   the   following particulars, namely,-

          (a)  the acts and omissions which, if proved, would render the person complained against unfit to be a notary;

          (b) the oral or documentary evidence relied upon in support of the allegations made in the complaint.

          (3) The appropriate government, shall return a complaint which is not in the proper form or which  does  not  contain  the  aforesaid particulars  to  the  complainant  for representation after compliance with  such  objections  and  within  such  time  as  the   appropriate government may specify:

          PROVIDED that if the subject matter in a complaint is, in  the opinion  of  the  said government substantially the same as or covered by, any previous complaint and if there is no additional  ground,  the said  government  shall  file  the  said complaint without any further action and inform the complainant accordingly.

          (4) 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.

          (4A)  Where  an  inquiry  is  initiated,  suo  motu   by   the appropriate  government,  the appropriate government shall send to the notary a statement specifying  the  charge  or  charges  against  him, together  with  particulars of the oral or documentary evidence relied upon in support of such charge or charges.

          (5) A notary against whom an inquiry has been  initiated  may, within  fourteen days of the service on him of a copy of the complaint under sub-rule (4) or of the statement of the charges  under  sub-rule (4A),  as  the  case may be, or within such time as may be extended by the appropriate government,  forward  to  that  government  a  written statement  in his defence verified in the same manner as a pleading in a civil court.

          (6) If on a perusal of the written statement,  if  any,  of the notary concerned  and  other  relevant  documents  and  papers,  the appropriate  government  considers  that  there  is a prima facie case against such notary, the appropriate government shall cause an inquiry  to be made  in  the  matter  by  the  competent  authority.    If  the appropriate  government is of the opinion that there is no prima facie case against the notary concerned, the complaint or  charge  shall  be filed  and  the complainant and the notary concerned shall be informed accordingly.                                                              

[1][11][(7) Every  notice issued to a notary under this rule shall be sent to him by registered post.  If any such notice  is  returned  unserved with  an  endorsement  indicating  that  the  addressee has refused to accept the notice or the notice is  not  returned  unserved  within  a period  of thirty days from the date of its dispatch, the notice shall be deemed to have been duly served upon the notary.]

          (8)  It  shall  be  the  duty of the appropriate government to place  before  the  competent  authority  all  facts  brought  to  its knowledge  which  are  relevant  for  the purpose of an inquiry by the competent authority.

          (9) A notary who is proceeded  against  shall  have  right  to defend  himself  before  the  competent  authority either in person or through a legal practitioner or any other notary.

          (10)  Except  as  otherwise  provided  in  these  rules,   the competent  authority  shall  have  the power to regulate his procedure relating to the inquiry in such manner as he considers  necessary  and during  the  course  of inquiry, may examine witnesses and receive any other oral or documentary evidence.

          (11) The competent authority shall submit his  report  to  the government entrusting him with the inquiry.

          (12)(a)  The  appropriate government shall consider the report of the competent authority, and if in its opinion a further inquiry is necessary may cause such further inquiry to  be  made  and  a  further report submitted by the competent authority.

          (b)   If,  after  considering  the  report  of  the  competent authority, the appropriate government is of the  opinion  that  action should be taken against the notary the appropriate government may make an order-

          (i)  cancelling  the  certificate  of practice and perpetually debarring the notary from practice; or

          (ii) suspending him from practice for a specified period; or

          (iii) letting him off with a warning, according to the  nature and gravity of the misconduct of the notary proved.

          (13)  Notification  of removal- The removal of the name of any notary from the register of  notaries from practice, as the  case  may be,   shall  be  notified  in  Official  Gazette  and  shall  also  be communicated in writing to the notary concerned.

          (14) Submission of returns- Every notary shall, in the  first week  of  January every year, submit to the appropriate government, an annual return in Form XIV of the notarial acts done by him during  the preceding year.

          (15)  Each  notary  shall  have  an  office  within  the  are a mentioned  in  the certificate issued  to him  under rule 8  and he shall  exhibit it in a inconspicuous  place thereat a board showing his name and   designation as a notary

          (16)  If  a  notary  has to deal with a case which does not in terms attract any of the forms prescribed, the notary should adopt  the form  nearest to his case with such modifications thereto as he thinks the exceptional peculiarities of the case to justify.

 

          (17) Annual publication of the list of  notaries-The  list  of notaries  to  be  published  by the Central Government and every State Government under section 6 of the Act, shall be in the following form:



[1][11] Substituted by GSR 870(E) dt. 8.7.1997

 


4 Like

V. VASUDEVAN (LEGAL COUNSEL)     04 June 2011

Sir, I apreciate the painstaking efforts for this detailed reply which is quite information in general as well.

thanks

vasudevan

Y Singh N Rajput (Management Consultant)     04 June 2011

Thanks a lot Mr. Prabhakar Singh for your elucidation of this notary matter.

- Y Singh

PLN PRASAD (B.Com.,B.L.,)     05 June 2011

Mr. Singh advise is valuable advise to singh Rajput and appreciable. with regards PLN Prasad, Advocate Rajahmundry-533 104

PLN PRASAD (B.Com.,B.L.,)     05 June 2011

Mr. Singh also gave more information as regards to make a complaint to competent authority. It is very useful not only to the Rajput and to other viewers also with regards PLN Prasad, Advocate, Rajahmundry, AP 533 104 : Cell No.09849587025

prabhakar singh (advocate)     05 June 2011

i feel obliged from appreciations made by you all.

can we stop notaries from there several wrong doings. one among them is that they wth out right veryfying agreement to sales of imovable properties and promoting undesired litigatioh.

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     05 June 2011

One way of discouraging this practice is to instill more awareness amongst the common men through a free and dynamic forum like this, which our learned members are effectively performing. One of the key reason is that while investing in a property of lakhs or even crores worth, some persons does not want to spend a few thousands on the due diligence process by getting the property documents vetted through legal experts. Also the time pressure given by a few institutions to speed through the documentation process.

vasudevan

Doveson (advocate)     06 June 2011

the document should contain a notarial register entry number. usually, in case of forged documents, that number is missing and very rarely, if at all there is, will such an instance happen that there is a notarial register entry number on the document. if the person has really not signed, then an FIR may be lodged and the police will take care of the rest. if they dont, you can file a private complaint before a magistrate.

1 Like

Y Singh N Rajput (Management Consultant)     09 June 2011

 

Dear Mr. Doveson. 

Thanks for your valuable advice.

I am enclosing herewith the notarised document. There is no register number on stamp. 

I have also filed an RTI application besides formal complaint to Dept of Legal Affairs. Filing an FIR is tricky. Could you please help how to file FIR? - police hardly knows legal intricacies.

Regards

Y Singh Rajput

 


Attached File : 23444 185556 15 notarised money receipt.pdf downloaded: 258 times

Doveson (advocate)     13 June 2011

that document is of no use to anybody. its nothing more than a plain piece of paper. its merely attestation but doesnot contain any of the requisites. you can file an FIR against the said mr. anil. anyways, the document is not claimed to be executed before a notary and hence you cannot take any action against him.


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