Dear Querist

If these affidavits used by the holder in any case, suit then can be challenged and if proved wrong/false then criminal case can be institute against them for false information/evidence as per section 193,209,211 of IPC and also U/s 340 of Cr.P.C.

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1) Rule 12 of the Notary Rules, 1956 prescribes that every notary shall use a plain circular seal of a diameter of 5 c.m. bearing his name, the jurisdictional area within which he has been appointed to exercise his functions, the registration number,expiry date and the circumscription “NOTARY”, and also the name of the Government which appointed him.

2) The Notarial Seal acts as a seal of verification meaning that the facts mentioned and the signatures on the document are indeed authentic.

3) n any legal proceeding, a Notary seal if present on a document, will act as confirmation for the courts that the signatures were placed by a genuine person and not forged or fabricated.

4) Rule 11(2) of the Notaries Rules, 1956, requires a Notary to maintain a Notarial Registrar showing serial number, date, nature of notarial act, name of the executant or person concerned with full address, contents of document, notarial fee-stamp affixed, fee prescribed and fee charged, serial number of receipt book. The Notary is also required to obtain the signature of person who is executing the document, in the Register.

5) if same number is reflected in as many as 25 affidavits it cannot be said it was done by mistake

6) Unless the transaction particulars are entered, and the signatures are affixed in the Register as required, and the serial number of the transaction in the Register and the place of attestation (address) are mentioned in the endorsement made, the act of administration of oath/affirmation will be incomplete, and it cannot be said that in such circumstances the affidavit is duly attested. It will be a defective affidavit.

7) in such a case govt can suspend his certificate of practice as Notary

8) Rule 13 of the Notaries Rules, 1936 provides for inquiring into for professional or other misconduct by a Notary. Under the said Rule, the Appropriate Government, if it is of the opinion that action should be taken against the notary, may make an order suspending him from practice for a specified period.

9) Section 10 of the Act provides for removing the name from the Register of Notaries and one of the grounds for removal of the name from the said Register is conviction by any Court for an offence involving moral turpitude.

Hello,

I have already answered this question two days back, please take note of the same and let me know if you need further clarification:

You can file a complaint against the notary with all the required documents. the following is the procedure for removal of the public notary:

Section 10 of the Notaries Act, 1952, deals with the mode of removal of name from the Register of Notaries maintained as per Section 4 of the Act. Section 10 reads as under, "10. Removal of names from Register - 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 in 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 practice as a Notary; or

(e) is convicted by any court for an offence involving HC-NIC Page 4 of 24 Created On Sun Feb 28 01:01:23 IST 2016 moral turpitude; or

(f) does not get his certificate of practice renewed." 5.1 The Central Government has framed the Notaries Rules, 1956, in exercise of powers conferred under Section 15 of the Act. Rule 13 of the Rules contemplates the provisions in respect of inquiry into the allegations of professional or other misconduct of a Notary. Rule 13 dealing with the inquiry procedure is conveniently extracted hereinbelow, "13. Inquiry into the allegations of professional or other misconduct of a notary (1) An inquiry into the misconduct of a notary may be initiated either suo motu by the appropriate government or on a complaint received in Form XIII.

(2) Every such complaint shall contain the following particulars, namely,-

(a) the acts and omissions which, if proved, would render the person complained against unfit to be a notary;

(b) the oral or documentary evidence relied upon in support of the allegations made in the complaint.

(3) The appropriate government, shall return a complaint which is not in the proper form or which does not contain the aforesaid particulars to the complainant for representation after compliance with such objections and within such time as the appropriate government may specify:

PROVIDED that if the subject matter in a complaint is, in the opinion of the said government substantially the same as or covered by, any previous complaint and if there is no additional ground, the said government shall file the said complaint without any further action and inform the complainant accordingly.

(4) Within sixty days ordinarily of the receipt of complaint, the appropriate government shall send a copy thereof to the notary at his address as entered in the Register of Notaries.

HC-NIC Page 5 of 24 Created On Sun Feb 28 01:01:23 IST 2016 (4A) Where an inquiry is initiated, suo motu by the appropriate government, the appropriate government shall send to the notary a statement specifying the charge or charges against him, together with particulars of the oral or documentary evidence relied upon in support of such charge or charges.

(5) A notary against whom an inquiry has been initiated may, within fourteen days of the service on him of a copy of the complaint under sub-rule (4) or of the statement of the charges under sub-rule (4A), as the case may be, or within such time as may be extended by the appropriate government, forward to that government a written statement in his defence verified in the same manner as a pleading in a civil court.

(6) If on a perusal of the written statement, if any, of the notary concerned and other relevant documents and papers, the appropriate government considers that there is a prima facie case against such notary, the appropriate government shall cause an inquiry to be made in the matter by the competent authority. If the appropriate government is of the opinion that there is no prima facie case against the notary concerned, the complaint or charge shall be filed and the complainant and the notary concerned shall be informed accordingly.

(7) Every notice issued to a notary under this rule shall be sent to him by registered post. If any such notice is returned unserved with an endorsement indicating that the addressee has refused to accept the notice or the notice is not returned unserved within a period of thirty days from the date of its dispatch, the notice shall be deemed to have been duly served upon the notary.] (8) It shall be the duty of the appropriate government to place before the competent authority all facts brought to its knowledge which are relevant for the purpose of an inquiry by the competent authority.

(9) A notary who is proceeded against shall have right to defend himself before the competent authority either in person or through a legal practitioner or any other notary.

(10) Except as otherwise provided in these rules, the competent authority shall have the power to regulate his procedure relating to the inquiry in such manner as he considers necessary and during the HC-NIC Page 6 of 24 Created On Sun Feb 28 01:01:23 IST 2016 course of inquiry, may examine witnesses and receive any other oral or documentary evidence.

(11) The competent authority shall submit his report to the government entrusting him with the inquiry. (12)(a) The appropriate government shall consider the report of the competent authority, and if in its opinion a further inquiry is necessary may cause such further inquiry to be made and a further report submitted by the competent authority.

(b) If, after considering the report of the competent authority, the appropriate government is of the opinion that action should be taken against the notary the appropriate government may make an order-

(i) cancelling the certificate of practice and perpetually debarring the notary from practice; or

(ii) suspending him from practice for a specified period; or

(iii) letting him off with a warning, according to the nature and gravity of the misconduct of the notary proved.

(13) Notification of removal- The removal of the name of any notary from the register of notaries from practice, as the case may be, shall be notified in Official Gazette and shall also be communicated in writing to the notary concerned."

Warm Regards

The notary has to follow the laid down rules and law while practicing as no tar public

A complaint to the government of India ministry of legal affairs may be submitted and watch the developments on your complaint.

The government after ascertaining the facts may issue suitable orders to withdraw the notary licence.