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Mika (None)     06 June 2012

Difference between notary and registration

I have a question that when one should need notary and when it is required to register? What is the criteria for that?

For example , I have seen people doing rent agreement ( Leave & Licence) notarise and not registered and I have also seen people registering the leave and license agreement.

Is the amount of transction/property decides it?

Please guide.

 

Thanks

Mika



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 June 2012

Aims and Objects of the Notary Act:- In the centuries followed,not only did more people learn to write, but the mechanizationof the art of making paper increased its supply. As agreements extended in length to often more than one page,it was customary to make two holes in the margin through the several pages of the agreement and tie the pages together with a ribbon.  To make sure that the ribbon would not be broken in order to add or eliminate pages, the Notary melted wax over the knot and mpressed it with his official seal. From this Notary's act comes today'sdefinitionof the verb "seal" which meansto "make secure' or "enclose' an object.

Courts take judicial notice of the seal of Notary and presume that the document in question must have been certified as true copy by the Notary after taking all  possible care by the Notary in comparing the copy with its original and due verification of the identity of the executant and the person appering before the Notary for certification.

Mika (None)     08 June 2012

Thank you Ramachary.

You have explained well the imporatnce of notarised document that the court presumes that the notarised doc as a true copy. But why some people do registration of leave and license and some just notarised it? What is the difference? If the tenant claims that he is resideing and using the Rent Control Acts he claims injunctions on his removal from the house, which Document will help the owner?

 

Thanks

Mika

N.K.Assumi (Advocate)     19 June 2014

There are some instruments which require compulsory registration, which are registered before the District Sub Registrar and other instruments are not compulsory but optional and when it is not compulsory and optional you can register before the Notary.

Rangee (Lawyer)     18 July 2014

Mr.Ramachary,

You have very nicely explained the meaning of Notary. Thanks it is great learning from persons like you.

R.S.K.Singh


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