PANKAJ TIWARI (AM) 16 June 2014

Is it required to notarise the document

I HAVE TAKEN A HELP OF RS. 1200000/- FROM ONE OF MY CLOSE RELATIVE WITHOUT ANY INTEREST AND NO LEGAL DOCUMENTS WERE SIGNED.

AFTER SOME TIME SOME DIFFERENCES OCCURED BETWEEN US AND HE DEMANDED TO REPAY THE AMOUNT.

I AGREED AND PAID HIM THE AMOUNT AND WE SIGNED AN AGREEMENT ON 100 RS STAMP PAPER STATING THAT THE REPAYMENT HAS BEEN MADE BY THE CHEQUE ON DATE SO AND SO AND NOW ONWARDS THERE IS NO DUES LEFT. THE STAMP PAPER WAS PURCHASED BY ME. BOTH OF US HAVE SIGNED THE DOCUMENT IN PRESENCE OF TWO WITNESSES BUT AT THE SAME TIME I HAVE FOREGOTTEN TO GET THE AGREEMENT NOTARISED.

MY QUESTION IS THAT WHETHER TO NOTARISE THE AGREEMENT OR NOT ?

IF YES THAN MY PRESENCE IS SUFFICIENT OR THE PRESENCE OF BOTH THE PARTIES REQUIRED.?

REGARDS.

PANKAJ TIWARI

Reply Follow

10 Replies

Laxmi Kant Joshi (Advocate ) 17 June 2014

Better if you notarised the document and be careful while notarised both the parties have to be present and put their signature on the notarised register , only then it has the evidentry value .

K.K.Ganguly (Advocate) 17 June 2014

It is always advisable to get an agreement notarised to have legal teeth.

PANKAJ TIWARI (AM) 18 June 2014

Thanks for reply. Further I want to ask that the other party is out of country and it is not possible to present him for the notary. But the document was signed by two witnesses and it was on 100 Rs. Stamp paper. Does this agreement have the legal importance without notary

Advocate Ravinder (Advocate/Attorney) 18 June 2014

Notary is not compulsory. You said that you both signed. Then it will become Agreement. Notary will be done on affidavits (made outside the court). The affidavits filed in the courts will be attested by Advocates.

Anyway it is better to get it signed by Notary as advised by above experts.

T. Kalaiselvan, Advocate (Advocate) 21 June 2014

Getting your agreement counter signed by a Notary Public is not at all necessary especially in the light of the event as described by you that you have settled the loan amount by a cheque, the bank records will hold your side as an evidence for repayment of the loan amount. However, if you want to get the same notarized, there is nothing wrong in it.

Sunil S Nair (lawyer) 21 June 2014

Best advise by Expert its upon you discreation to notarize the documents as you have valid proof of loan settled by cheque

ashok gupta (Proprietor) 23 June 2014

Here May I ask that is it OK if a Leave and Licence agreement is notarised?

Advocate Ravinder (Advocate/Attorney) 23 June 2014

There is no necessity to be singed by notary on Leave and Licence Agreement. The requirement is of signatures of two parties and two witnesses. Thats all.

ashok gupta (Proprietor) 23 June 2014

Thanks for your immediate reply, however I want to state that normally Leave and Licence Agreements are being registered so I wanted to know if it can be notarised instead of registration? Would it be legally OK?

T. Kalaiselvan, Advocate (Advocate) 24 June 2014

You have been properly addressed and advised by all experts/advocates but you seem not to understand or satisfied with the replies, you may consult a local lawyer and get his services after paying his nominal fee for the purpose.