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N.K.Assumi (Advocate)     10 December 2009

is the act of Notary same as the act of the Court?

Notary is a public officer and is sworn to do his duty as a Notary, does the act of the Notary same as the Court?



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 3 Replies

Daksh (Student)     10 December 2009

Dear Mr.N.K.Assumi,

The answer is in negative as the Notary is concerned with the function of attestation of documents and does not do any judicial work what actually is being the domain of Courts.  Yes there is no doubt that he is an officer of the Court but domain of work done by him does not pertain to sovereign function i.e. Administering Oath, AUTHENTICATION OF DOCUMENTS, (kindly note the stress is on authentication not attestation) appreciation of evidence and writing/pronouncing judgements.  Hope this satisfies your query.

Thanks and best regards

Daksh

N.K.Assumi (Advocate)     10 December 2009

Thank you very much, Daksh. what about other foreign country? do they regard Notarial acts as same with the acts of the court?

Anil Agrawal (Retired)     12 February 2010

 I am told that high court does not accept notarised document when it comes to filing petitions for letters of administration probate of will etc. One has to be present before the officer of the court to complete these formalities.

In many other instances also, affidavits notarised are not accepted. They insist on them before a Magistrate.


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