In many cities across India, rental agreements are notarised instead of getting registered, as it saves registration costs for the renter. A notarised rent agreement printed on stamp paper and signed by a public notary, an authorised official. Notarisation, also known as notarial acts, is a legal procedure involving verification and proper execution of documents with the aim of establishing their authenticity and preventing fraud. Notarisation is required during several legal and financial transactions, including property-related transactions. A specified fee is also applicable for the notarisation of documents. These notary charges may vary based on different factors, including the type of document. In this article, we discuss the notary fees, their types and factors influencing notary costs.
What is notarisation in property transactions?
Notarisation is a procedure undertaken by a public official, which involves authenticating documents through placing the official signature, stamp with the notary seal, registration number and date. The official also makes an entry of the notarial act in the official register. The official seal is significant as it establishes that the facts mentioned in the document and signatures are authentic.
In property transactions, a deed, agreement or other property documents are executed in the presence of the official after vetting the information. Notarisation can also be done to establish the genuineness of some fact or information by the notary public. In India, notarisation process is covered under the Notaries Act 1952 and the Notary Rules, 1956.
Why do you need notary services?
Legal compliance: In India, there are regulatory requirements based on which notarisation of certain legal and financial transactions is necessary.
Dispute and fraud prevention: Notarisation provides legal recognition to various documents and ensures their genuineness. This helps prevent cases of fraud. Moreover, notarised agreements are considered valid in case of any legal disputes.
Is notarisation of legal documents mandatory?
According to the law, it is not mandatory to notarise all legal documents. However, there are some documents that need to be notarised to be considered legally valid in a court of law. Otherwise, such documents may become invalid and go against one’s interest.
Several property transactions in India are notarised on stamp paper, which involves attestation of the document by a notary advocate instead of registering it with the government. However, notarisation is useful in case of verifying identifies and witness affidavits and agreements. They are not useful in establishing legal ownership of properties.
Who can notarise property documents?
Notarisation of documents is done by a notary public appointed by the state or central government. Generally, the notary public is a practising lawyer who should have a minimum of 10 years of experience and 7 years of experience in the case of SC/ST category.
An individual who has served as a member of judicial services or has held office under the state or central government in a position requiring specialised knowledge of the law is allowed to become a notary public in India.
The notary official is authorised to administer oath and take an affidavit from any person. Moreover, the notary official is regarded as an impartial witness authorised to verify that the parties involved in an agreement have signed the document and are willingly entering the agreement.
Responsibilities of a Notary Public
According to the Notaries Act 1952, a notary public has the following responsibilities:
- Vetting and attesting legal documents or instruments
- Administering oaths or witness swearing by deponents for affidavits
- Making translations of legal documents and verifying the translations across languages
- Recording evidence in criminal or civil trials and serving as commissioner if so directed
What are the notary fees in India?
The notary public levies a specified fee, which is determined as per Rule 10 of the Notaries Rules, 1956. The official should display the fee inside and outside their chamber or office. In addition, the official may levy a travelling allowance of Rs 5 per kilometre.
Factors impacting notary costs in India
Notary charges may vary based the notary’s location, the type of document and the complexity of the notary act. These factors are discussed in detail below:
- Location of notary: The notary charges is typically higher in metropolitan cities compared to those applicable in rural areas. This is mainly due to the cost of living and demand for notary services in these areas.
- Type of document: The notary charges may vary based on the type of document getting notarised. That is, the notary fees for legal agreements, property-related agreements and affidavits will differ.
- Complexity of notary service: Some notary services, such as property deeds or power of attorney may have higher notary fees owing to the additional verification and witnesses involved in the process.
- Type of notary services: A higher notary fee may be applicable if these services are offered to individuals at their location. This may include additional charges for the travel and effort.
- Experience of the notary official: The notary costs may vary based on the expertise and experience of the official. The fee charged by experienced notaries may be high.
- State regulations: The notary service fees are fixed based on the state regulations. These regulations prevent officials from charging excessive fees while ensuring fair compensation for the services delivered.
Types of notary fees
- Basic notary fees: These refer to the basic charges levied for verifying identities, witnessing signatures, and affixing stamps during the notarisation process.
- Copy certification fees: Notary officials are required to make certified copies of documents such as passports, birth certificates, academic records, etc. to establish their authenticity. They place the notary stamp and signature on the document, for which certain charges are applicable.
- Travel charges: In the case of mobile services, the notary officials are required to travel to the applicant’s location to complete the notarisation process. In such cases, additional travel fee is included in the total notary costs.
- E-notarisation fees: Nowadays, e-notarisation services are available, which refer to electronic notarisation of documents. A nominal fee may be applicable for digital notarisation of documents.
Notary fees for different documents
- In India, the notary fee applicable for rent agreements may vary between Rs 200 to Rs 500.
- For noting an instrument (instrument value up to Rs 10,000 to instrument value above Rs 50,000), the fee may vary from Rs 50 to Rs 200.
- The applicable fee for verifying, authenticating, certifying or attesting the execution of any instrument is Rs 35. The document could be an affidavit, a power of attorney, etc.
- The notary fee for translating and verifying the translation of any document from one language to another is Rs 100.
- A fee of Rs 35 is applicable for administering oaths to or taking affidavits from any person.
- The charges for certifying copies of documents as true copies of the original are Rs 10 per page.
- The notary fee for preparing, attesting or authenticating any instrument intended to take effect outside India is Rs 200.
Housing.com News Viewpoint
When undertaking property transactions or engaging in any other legal or financial transactions, you may required notary services. Moreover, notarisation becomes crucial since it prevents cases of frauds by authenticating documents. Even in case of property inheritance, notarisation of wills and trust deeds is required. The charges may vary for these documents. Hence, it is important to know the notary fees. You can check with different notary officials, find out the charges and choose the right one to minimise your notary costs.
FAQs
How much can a notary charge?
Notary fees are regulated by the law under the Notary Rules, 1956.
Is a notarised document valid for property ownership in India?
No. The property ownership document should be official registered in government records, at the sub-registrar office to be legally valid.
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