The Hidden Risk Behind a Stamp Notarisation Services

In India, legal documents are the backbone of critical transactions from buying property to sealing business contracts. However, the misuse and forgery of Notarisation Services have become a growing concern. Imagine purchasing a flat in Mumbai only to find that the notarised papers were forged, or submitting an attested affidavit that is later declared invalid. These are not mere hypotheticals; many individuals and businesses face such painful realities.

This article aims to help you verify Notarisation Services, avoid fraud, and protect your legal rights under Indian law. Whether you’re dealing with a public notary, seeking attestation, or simply want to ensure your documents are authentic, this guide is your essential resource.

What Are Notarisation Services? Understanding the Indian Legal Framework

Notarisation Services involve a government-appointed public notary authenticating documents, witnessing signatures, and certifying copies to add legal credibility. These services in India are governed by the Notaries Act, 1952, which clearly outlines the appointment, powers, and duties of notaries.

• Key Legal Provisions:

Notaries Act, 1952

1. Section 8: Powers of a Notary
2. Section 9: Seal and Signature Requirements

• Indian Evidence Act, 1872

Recognises notarised documents as admissible evidence in courts, adding significant weight to their authenticity.

The role of a public notary is critical: they ensure the document’s authenticity, act as impartial witnesses, and prevent forgery, giving you peace of mind that your legal documents are valid.

1. Common Problems Faced With Notarisation Services in India

Unfortunately, several risks threaten the integrity of Notarisation Services:

• Forged Notary Stamps and Signatures

Fake seals and signatures can make a document appear authentic but legally worthless.
Example: A builder in Pune submitted forged notarised agreements to delay possession. The court, after forensic verification, rejected the documents, protecting the buyers.

• Unauthorised Individuals Posing as Public Notaries

Some fraudsters offer attestation without legal authorisation, issuing fake notarised documents.
Example: A Delhi-based company issued affidavits with fake notarisation, leading to legal action.

• Lack of Verification by Individuals

Many people accept notarised papers without checking the notary’s credentials, assuming the stamp guarantees authenticity. This negligence leads to legal disputes later.

2. How to Verify Notarisation Services in India: Practical Steps for Fraud Prevention

• Check the Notary’s Registration

Verify the public notary through official portals like the Ministry of Law and Justice website or the respective state government’s registry. Confirm that the notary is actively registered.

• Examine the Notary Seal and Signature

A valid seal must include:

• Notary’s name
• Registration number
• Jurisdiction or place of practice
  Also, ensure the notarisation date matches the document’s timeline.

• Request the Notary Certificate and Register Entry

Every notary keeps a register of all attestation acts. Ask to see this register and request a certificate confirming your document’s notarisation.

• Use Digital Verification (Where Available)

States like Maharashtra have introduced digital Notarisation Services with QR codes to prevent fraud. Scan these codes to confirm authenticity.

• Contact the Notary Council or State Authority

When in doubt, reach out to the Notary Council of India or your State Notary Council to verify the notary’s credentials.

3. Legal Remedies and Actions if You Face Forged Notarisation

If you suspect your notarised documents are forged:

• Step 1: File a Police Complaint

Register an FIR under Sections 420 (Cheating) and 468 (Forgery) of the Indian Penal Code.

• Step 2: Approach the District Notary Officer

File a complaint with the local notary regulatory authority for investigation and disciplinary action.

• Step 3: Seek Civil Relief

If forged notarisation affects property or contractual rights, file a civil suit seeking cancellation or injunction against the document.

Remember, time is of the essence. Preserve all related documents, receipts, and communications as evidence.

4. Compliance Tips & Documentation Best Practices

• Always retain a copy of the notarised document and the notary’s certificate.
• Keep the notary’s contact details and registration number handy.
• Avoid using online notarisation platforms unless they are officially government-approved.
• Verify documents promptly to avoid last-minute complications.

Things to Avoid When Using Notarisation Services

• Never accept notarised documents without verifying the notary’s credentials.
• Avoid unregistered or unknown agents offering attestation or notarisation.
• Do not delay taking legal action if you suspect forgery or fraud.

Conclusion: Stay Informed, Stay Protected

Notarisation Services provide essential authenticity to legal documents in India, but only when verified properly. By checking the notary’s registration, confirming seals, and understanding your legal remedies, you can protect yourself from costly fraud. Being proactive and informed empowers you to navigate legal processes confidently and avoid pitfalls.

For complex matters, especially property or corporate transactions, consulting a qualified legal professional ensures your rights remain safeguarded.

Disclaimer:

This article is for informational purposes only and does not constitute legal advice. Laws, RBI guidelines, and debt restructuring procedures may vary by jurisdiction, and outcomes depend on the specific facts of each case. Please consult a qualified legal professional for personalised guidance before taking any legal action or making financial decisions.

About Tigde Law Firm

Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.

Founded by Sachin Subhash Tigde and Shubhash Tigde, both experienced High Court lawyers in Maharashtra with a legacy of over 45 years and second-generation expertise, the firm has handled more than 5,000 cases. With 50+ in-house advocates across Mumbai, Navi Mumbai, and Thane, Tigde Law Firm is widely regarded as the best law firm in Thane and home to some of the most reliable advocates and lawyers in Thane. Specialising in property and redevelopment matters, RERA compliance, society disputes, divorce, NCLT, civil, criminal, corporate, and IP law, TLF delivers clarity and confidence to clients facing complex legal challenges.

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