How to Get a Document Notarized Under the Notaries Act 1952 in India

Notarization is the process by which a Notary Public, an official appointed under the Notaries Act 1952, authenticates the execution of a document by affixing his or her signature and official seal. The purpose of notarization is to verify the identity of the signatories, confirm that the document was signed voluntarily, and certify that the contents of the document are genuine. Notarized documents carry enhanced legal credibility and are routinely required for affidavits, powers of attorney, rental agreements, property sale deeds, and a variety of other legal instruments used in courts, government offices, and commercial transactions.

In this guide, we explain the complete notarization process in India under the Notaries Act 1952 and the Notaries Rules 1956. We cover the types of documents that require notarization, the procedure for getting a document notarized, applicable fees, stamp paper requirements, and the important distinction between notarization, attestation, and apostille.

What Is Notarization and Why Is It Important?

Notarization is an act by which a Notary Public, through his or her signature and official seal, authenticates the due execution of a deed, contract, affidavit, or other writing in his or her presence. The notary also verifies facts or information about which he or she has definite knowledge. A notarized document serves as prima facie evidence that the signatures on it are genuine and that the signatories acted voluntarily and with full understanding of the document's contents.

Notarization is important because many government departments, courts, and institutions require notarized documents as proof of authenticity. For instance, if you are drafting a non-disclosure agreement or executing a power of attorney, having the document notarized significantly strengthens its legal standing.

Legal Framework: The Notaries Act 1952 and Notaries Rules 1956

The Notaries Act 1952 (Act No. 53 of 1952) is the principal legislation governing the appointment, practice, and duties of notaries in India. The Act empowers both the Central Government and State Governments to appoint notaries, prescribes qualifications for appointment, and defines the functions and duties that notaries may perform.

The Notaries Rules 1956, framed under the Act, provide detailed procedural guidelines, including the fee schedule (Rule 10), the format of the notarial register, and the manner in which notarial acts must be recorded. The Notaries (Amendment) Rules 2025, notified on October 17, 2025, introduced additional provisions for digital integration through the Notary Portal and streamlined renewal procedures for existing notaries.

Under Section 8 of the Notaries Act 1952, a notary is authorized to administer oaths and affirmations, take affidavits and statutory declarations, attest and authenticate documents, present promissory notes and bills of exchange for acceptance or payment, note or protest the dishonour of such instruments, prepare documents for registration, and act as a Commissioner to record evidence.

Types of Documents That Require Notarization

• Affidavits: Sworn statements used in court proceedings, government applications, and administrative matters

• Powers of Attorney: Documents authorizing one person to act on behalf of another in legal, financial, or property matters

• Rental and Lease Agreements: Although registration is the preferred method, many short-term rental agreements are notarized for legal validity

• Property Sale Deeds and Agreements: While registration is mandatory for property transfers, notarization may be required for supporting documents

• Educational Certificates: Notarized copies are often required for university admissions, employment verification, and visa applications

• Commercial Contracts: Business agreements, vendor contracts, and partnership deeds may be notarized for added authenticity

• Marriage Certificates and Birth Certificates: Notarized copies are required for passport applications, visa processing, and foreign marriage registrations

• Wills and Testamentary Documents: While not legally required, notarization of a will strengthens its evidentiary value in probate proceedings

Step-by-Step Process to Get a Document Notarized

Step 1: Prepare the Document

Ensure the document you wish to notarize is complete, accurate, and printed on the appropriate stamp paper if required by law. For affidavits and declarations, stamp paper of the denomination prescribed by your state's Stamp Act is mandatory. Common stamp paper values are Rs 10, Rs 20, Rs 50, and Rs 100, depending on the document type and state.

Step 2: Locate a Notary Public

You can find a notary public through the official Notary Portal (notary.gov.in) maintained by the Department of Legal Affairs, Ministry of Law and Justice. Notaries are available in district courts, near government offices, and in most commercial areas. Ensure that the notary you choose holds a valid appointment certificate issued by the Central Government or State Government.

Step 3: Visit the Notary With Required Documents

Carry the original document to be notarized, along with the following supporting documents:

• Original identity proof (Aadhaar card, PAN card, passport, or voter ID)

• Passport-size photographs (if required for affidavits)

• Any supporting documents referenced in the main document

• The stamp paper on which the document is printed (if applicable)

Step 4: Verification and Signing

The notary will verify your identity by examining your identity proof, read through the document (or its relevant portions), and ask you to sign or execute the document in his or her presence. For affidavits, the notary will administer an oath or affirmation before you sign.

Step 5: Notarial Seal and Signature

After witnessing the execution, the notary will affix his or her official seal and signature on the document, along with the date and place of notarization. The notary will also make an entry in the notarial register, which serves as an official record of the notarial act.

Fees for Notarization Under Rule 10

The fee schedule for notarial acts is prescribed under Rule 10 of the Notaries Rules 1956. Notaries are not legally permitted to charge fees exceeding the rates specified in the Rules. The prescribed fee structure is as follows:

• Verifying, certifying, or attesting the execution of a document: Rs 15

• Administering an oath or taking an affidavit: Rs 15

• Presenting promissory notes or bills of exchange for acceptance or payment: Rs 35

• Certifying copies as true copies: Rs 5 per page (minimum Rs 10)

• Translating and verifying translation of documents: Rs 75

• Noting or protesting dishonour of promissory notes or bills of exchange: up to Rs 150 (depending on the value of the instrument)

In addition to the above fees, a notary may charge a travelling allowance of Rs 5 per kilometre if required to visit a location outside his or her office. The fee schedule must be displayed prominently inside and outside the notary's office. In practice, notaries in metropolitan cities may charge higher amounts as professional fees, but the statutory fee under Rule 10 remains the regulated maximum. If you believe a notary has overcharged, you may file a consumer complaint with the appropriate consumer forum.

Difference Between Notarization, Attestation, and Apostille

Notarization: Authentication by a Notary Public confirming the identity of signatories and the genuineness of a document. A notarized document is primarily recognized within India for domestic legal purposes.

Attestation: A multi-step document authentication process used to legalize documents for use in countries that are not members of the Hague Convention. Attestation involves notarization, state-level authentication by the Home Department or General Administration Department, and finally, attestation by the embassy or consulate of the destination country.

Apostille: An international certification under the Hague Convention of 1961 that validates documents for use in member countries without the need for embassy attestation. India has been a member of the Hague Convention since 2005, and apostille services are provided by the Ministry of External Affairs. If you need documents for international use, refer to the guide on applying for a passport under the revised 2026 fee structure or the process for foreign marriage registration for related requirements.

Common Mistakes and Important Tips

• Do not use outdated or incorrect stamp paper. Each state prescribes specific denominations for different document types, and using the wrong denomination can render the document invalid

• Ensure the notary is a validly appointed Notary Public. Documents notarized by unregistered individuals have no legal standing

• Do not sign the document before visiting the notary. The notary must witness the actual signing in his or her presence

• Carry original identity documents, not photocopies, as the notary must verify your identity from originals

• If the document is to be used internationally, notarization alone is insufficient. You will additionally need state-level attestation followed by either apostille (for Hague Convention countries) or embassy attestation (for non-Hague countries)

• Keep a photocopy of the notarized document for your records, as notaries may not retain copies of all documents

Validity of Notarized Documents

Notarized documents do not have a fixed statutory expiry period. Their validity depends on the nature of the document itself. For example, a notarized affidavit may be valid until the facts stated therein change, while a notarized rental agreement is valid for the term specified in the agreement. However, some government departments and courts may require notarized documents to be recently executed, typically within three to six months. If you need to resolve a property dispute through mediation, ensure that any notarized documents you rely on are current and accurately reflect the present facts.

Conclusion

Getting a document notarized in India under the Notaries Act 1952 is a straightforward process that involves preparing the document on appropriate stamp paper, visiting a validly appointed Notary Public with your identity documents, signing the document in the notary's presence, and having the notary affix his or her seal and signature. Understanding the difference between notarization, attestation, and apostille is critical for ensuring that your documents are authenticated at the correct level for their intended use, whether domestic or international.