The notarization of documents in India establishes the document's legitimacy and verifies it for its intended use. It upholds the intent of the document while also protecting the signer. However, not all documents require notarization, although for some, such as financial institutions, banks, and the judicial system, it is required for validity. During the notarization process, the authorised notary records the information about the document, such as the names of the parties and its nature, in his Register under a specific number.
A qualified notary can, in essence, handle some legal procedures, particularly when it comes to creating or certifying contracts, deeds, and other papers.
Documents must be notarized in order to be certified as real and properly executed in order to prevent fraud. The presence of a notary seal in any legal document approves that the signatures are true and from a genuine person. A notary public appointed by the government performs notarization. Additionally, he/she has the authority to take anyone's affidavit and administer the oath. An official document that has been notarized and witnessed by a notary public aids in defending the rights of those who could otherwise face harassment.
Notarizing a legal document is not always required, but in some circumstances it is. If not, some documents' credibility could be questioned, which could result in the court refusing them to accept. For some papers, such as the Agreement for Sale, Deed of Assignment, Sale Deed, Power of Attorney approving a property transfer, etc., registration is required. Some papers, such as a power of attorney that does not permit the sale of real estate, a Will, a leave of absence agreement, etc., may be registered or notarized.
To talk specifically about Wills, a Will gets challenged even after notarizing it because it is not mandatory due to the nature of a Will document. But a notarised Will has more value as compared to the Will that is not notarized.
A notarized document is complete when the notary signs it and affixes a notary seal, his registration number, and the date. Additionally, he records all these legal formalities in his register. A notary is seen as an objective witness who confirms that the parties to a contract or any agreement have signed it and engaged in it knowingly and voluntarily.
Although, Will still can be challenged after notarization yet it is a precautionary measure that you must take and which doesn’t cost you much. At AasaanWill, we not only provide you with the Will drafting services but also provides a notarization service which is inclusive of the price.
You can also read: How to get your Will notarized?
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