Failing to get the legal agreements notarized can lead them unenforceable or rejected as Null & Void. Read more
All individual, commercial or juridical documentation is affirmed only till an inevitable legal compliance is duly met, and that is called notarization. The term notarization simply refers to a process of getting a legal document duly signed by a third-party legal witness called notary who approves the fact that the parties have signed it in his presence.
As per the Indian laws, the notary public or simply the notary is a neutral witness authorized to perform legal formalities including approving validity of agreement, deeds and other legal testimonials.
Why notarization is required?
According to the Indian Notary Rules 1956, the Seal of Notary acts as a proof of verification implying that the clauses mentioned and signatures on an agreement or a document are genuine without a doubt. The process of notarization combats the attempt of forgery, cheating, and defrauding, and facilitates fair execution of agreement.
Furthermore, the Seal of Notary acts as the substantiation of the fact for the judiciary in any legal suit, that the signatures were done by a genuine individual and were not fabricated.
Besides, it substantiates the validity of agreement and that the individual(s) was/were not forced into signing the document.
In which legal agreements is the notarization process mandatory?
In accordance with the Indian Notary Act 1952, there are certain legal agreements, where the Seal of Notary is compulsorily required. In relation to the activities related to trade and commerce, the act has mandated the notarization process in the following legal agreements:
• Sale and purchase deeds/ agreements
• Rent agreement
• Lease agreement
• LLP (Limited Liability Partnership) Agreement
• Partnership deeds and so forth.
What if the agreement have not gone through notarization process?
The Indian laws state that if any of the above mentioned agreements, or any of the documents that are required to be notarized under Indian Notary Act 1952, do not carry the Seal of Notary, they would simply be annulled.
This is because if the documents or an agreement is not notarized, it implies that you are depriving it of a formal evidence of authenticity or genuineness. This could definitely get those document null & void or that agreement revoked in a suit of law. However, penalty with respect to violating Indian notarization rules or escaping it may differ from state to state.
Thus, it is always advised to get all the legal agreement & deeds specified in Indian Notary Act duly verified by the notary. This helps in impartial execution of agreement.