Usually, attestation by a notary public is required to authenticate various types of documents eg academic certificates, character certificates, birth/death certificates, emigration-related documents etc. It is mandatory to provide notary public endorsed copies of deeds or affidavits to transfer and register any kind of immoveable property. Sometimes, endorsement by a notary public is also required to transfer some moveable property (eg sale of a car, etc). In case the original document is in a different language, attestation by a notary public is required to authenticate any translation of the original document. Moreover, a notary public prepares deeds for foreign dealings in a prescribed format. Notary public also prepares charter party and other commercial documents, ensures safety of payment or demand of any promissory note or bill of exchange etc.
How to authenticate
To attest any document, the concerned notary public must compare the copy produced before him/her with the original document. However, the executor of an affidavit must be present before the notary to execute an affidavit. After scrutinising the documents, the notary public will sign the document and affix a special government seal along with his official seal on the same.
Fees
Most people are not aware of the actual charge of notary. Many a time a notary public charges much higher than the actual fees, taking advantage of the ignorance of the common people. However, the fees have been fixed by the government and no one can charge more than that. If any notary public receives more than the specified fees, the injured party may a lodge a complaint against the notary public. According to Rule 10 of The Notaries Rules, 1964, the fee for administering oath to or taking affidavit from any person is Tk10 and for verifying, authentication, certifying or attesting the execution of any instrument is Tk20.
Who could be a notary public?
Generally, a person who has been a practicing lawyer for a term not less than seven years or had been a member of judicial service for a term not less than five years or had been serving as a government servant in the legislative drafting and law-making process of the government are eligible for appointment as a notary under the Notaries Ordinance and Notaries Rule, 1964. However, as per rule 60A of the Notaries Rule, 1964, every notary registrar must have an office and he/she cannot exhibit his signboard except in that office.
Beware of deception
Notary public authenticated documents have little worth to prove a legal claim. It basically ensures originality of a document or certifies a formal declaration. Hence, some notary publics may engage in deceitful activities. Often, the person who wants to get an affidavit does not present himself physically before the notary, which is a legal prerequisite to attest an affidavit.
Some do not have any authority to notarise, but they display fake signboards and fraudulently function as a notary public. Some of them use the name and seal of a notary public whose registration has expired. They endorse fake marriage in the name of “court marriage,” which does not have any legal effect, rather is a mere declaration. Hence, the concerned parties must observe their respective religious rituals and registration to solemnise a valid marriage.
Some notary publics may also notarise fictitious documents, helped along by some unscrupulous lawyers. Often, they prepare forged deeds and predate documents to establish their client’s claim. In addition, they may create fake power of attorney with a view to transferring property. Therefore, one has to be very careful before availing any service from a notary public and make sure that the notary public has valid and up-to-date registration from the government.
