Notarial stemp not wexed on document by mistace is became a couse for cancel his notary lience ? in notary act any perticular type is prescrib haw and where the rubber stemp of notary should be apply ? who can complain that notary has not sign but other person has made a notari"s sign ? any thirt party can complain ?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
Section 8 of notarise act provides that no act of notary shall be valid unless it bears his signature and seal
2) section 10 provides that notary can be removed by the govt on account of his misconduct
3) notary is required to affix stamps on documents attested by him
4) if he has not done so complain to the govt against said notary
5) if signature of notary had been forged any person aggrieved can lodge complaint with the authorities
1. Not putting the stamp may be considered as a slip and not intentional which will not have any adverse effect on the notary public.
2. On all the pages of the document the notarial stamp should be put whereas the particular page containing the affidavit requires the signature of the notary public to be put.
3. He who has got the notarisation done on his document can complaint for the said mistake and no third party has any locus standii in this regard to lodge any complaint.
The removal of Notary is prescribed only in section 10 of the Notary Act 1956 which states as folows-
The Government appointing any notary may, by order, remove from the register maintained by it under section 4 the name of the notary if he-
(a) makes a request to that effect; or
(b) has not paid any prescribed fee required to be paid by him; or
(c) is an undischarged insolvent; or
(d) has been found, upon inquiry in the prescribed manner, to be guilty of such professional or other misconduct as, in the opinion of the Government, renders him unfit to practise as a notary; 2[or]
2[(e) is convicted by any court for an offence involving moral turpitude; or]
2[(f) does not get his certificate of practice renewed
The reasons you have mentioned in the query does not fall under this category and hence on this ground the license of a Notarian can not be cancelled for sure.
What is the document on which the stamp has not been affixed? Who claims rights under it?
Your question is devoid of clarity.
If it is forged then the concerned notary should lodge a complaint against the person who does this forgery.
