Notary Public and Attestation

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Who is a Notary Public? What is Attestation? Comparing both.

Who is a Notary Public? What is Attestation? Comparing both.

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  • 1. NOTARY PUBLIC &.ATTESTATION
  • 2. Who Is a Notary Public?As per Indian law, a notary public is an advocate who is authorized toassist the public with legal documents pertaining toproperty, deeds, power of attorney and business affairs. These criticallegal documents are required to be notarized, in order to be recognizedlegally.Who Is A Notary Public Authorized By ?The notary public advocate of a state is authorized by the StateGovernment to witness signatures on legal documents and administeroaths.A notary public charges a minimal fee for his services. Further, he cannotcharge an excessive amount, for the services. Some organizations, such asgovernment organizations and law firms, may require an advocate to work
  • 3. Who can become a Notary Public ?• The status of notary public can be granted to an advocate, member of an Indian legal service or a public figure. However, no legal training is required to apply for this post. A notary public’s main job is to observe and verify the signatures on specific the legal documents.• The parties have to submit identity proofs such as driving license, birth certificate or passport.• A notary officer uses an embossing tool to validate his/her presence at the time of document signing. Further, the State Government issues a unique identifying number to the public notary, to prevent any deceptive use of the embosser or seal.
  • 4. What a Notary Public does?• A notary public is not allowed to give legal advice to anyone, unless he/she is a licensed advocate. A notary public’s job is restricted to witnessing and validating the document signing.• The notary public also attests to the identities of the parties and their confirmation of authenticity through the process.• In some cases, the legal document may be declared fraudulent and, later on, the court can probe into its details during trial.
  • 5. What is Attestation ?An attestation is a declaration by a witness that aninstrument has been executed in his or her presenceaccording to the formalities required by law. It is not thesame as an acknowledgment, a statement by the maker of adocument that verifies its authenticity.The act of attending the execution of a document andbearing witness to its authenticity, by signing ones name toit to affirm that it is genuine is attestation.The certification by a custodian of records that a copy of anoriginal document is a true copy that is demonstrated by hisor her signature on a certificate.
  • 6. Where is it found?• An attestation clause is frequently found in legal documents that must be witnessed if they are to be valid, for example, a will or a deed.• It states that the instrument has been completed in the manner required by law in the presence of the witness who places his or her signature in the designated space.
  • 7. NOTARY AND ATTESTATION• Notary is the basic procedure which is done before other authentications. This can be considered as the preliminary procedure. The notarisation make a document legalised for further proceedings in attestation and legalisations.