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AMARJEET (DEPUTY MANAGER)     14 April 2010

ROLE AND DUTY OF NOTARY

IS IT MANDATORY TO KEEP COPY OF EVERY AGREEMENT NOTORISED BY THE NOTARY PUBLIC ? HOW CAN SOMEBODY GET/OBTAIN A COPY OF OF SUCH AGREEMENT FOR WHICH A PERSON AGRIEVED BY A PARTICULAR AGREEMENT WHICH IS  NEITHER AVAILABLE WITH NOTARY PUBLIC NOR THE OPPOSITE PARTY PRODUCING THE SAME TO COURT OF LAW ? THE RECORD IN THE NOTARY REGISTER WITH VALID SL. NO. AND DETAILS OF AGREEMENT AND SIGNATURES ARE PRESENT, CAN IT BE USED AS A GOOD PEICE OF EVIDENCE ?

 

THE ABOVE QUESTION IS RELATED TO A CIVIL DISPUTE WHERE TWO AGREEMENTS WERE MADE ONE POST SALE (NOTORISED) ANOTHER PRESALE ON A PLAIN 10/- STAMP PAPER UNREGISTRED TO PROTRACT IN DISPUTE UNDER SPECIFIC PERFORMANCE ACT.

 

I REQUEST THE HON'BLE MEMBERS TO ENLIGHTEN ME ON THE ABOVE SUBJECT TO FIND A REMEDY ON THIS.



Learning

 2 Replies

Chandrashekar (Advocate & Legal Consultant)     15 April 2010

Notary public is an authority to see that the executors of the document are the same as purported in the document (basic function). Having witnessed the execution of the document, he will register the same in his register to be submitted to the State or Central Govt. as the case may be. Notary register can be arrived as a secondary evidence...placing this piece of evidence has to be decided by the counsel handling the particular case..

Pankaj Mehta (Advocate)     27 April 2010

As per the Notaries act & rules, every notary shall maintain a register as per stated in annexure of rules, in your case you can file an application under order 16 rule 6 and section 30,31 of cpc, requesting for summoning the concerned notary with concerned record.

After summoning the notary during the evidence, the record will be a good evidence to prove the execution of the document and willingness to perform 


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