• Notary act read with ipc 465 etc

Notary notrised affidavit but not entry in register and only one receipt give between more than one person with same number.and that same number mention in all affidavits. so this notary act becomes any frod or any crime under ipc sec 465,467,500 etc. ? 
thired party can complain any criminal complain against notary for not put entry of the notarised affidavite in notarial register in police ?
Asked 8 years ago in Criminal Law
Religion: Muslim

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7 Answers

Hello,

If anything lie this has been done, then the person who has notarized such documents can be punished if a complaint has been lodged against him/ her. Notary can be removed from the office under Section 10(4) of the Notaries Act, 1952.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1.Third party if not directly involved in the transaction cannot complaint but he can bring this to the notice of the court and issuing authority.

2. Since offence is serious there is no time limit.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) Notaries Rule11(2) provides Every notary shall maintain a notarial register in the prescribed Form XV.

2) Rule 11(4) Each notary shall, before bringing the notarial register into use, add a certificate on the title page specifying the number of pages it contains. Such certificate shall be signed and dated by the notary.

3) in present case if notary has notarised affidavit entry has to be made in entry register

4) separate receipt has to be given for every document notarised by the notary

5)since notary has failed to carry out his duties diligently action can be taken against the notary by the state govt for suspension of his licence

6) complaint can be lodged with local police station against notary

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1) Rule 13 notaries rules provide 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.

2) Rule 13(12) provides state govt may on allegations being proved pas order 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

3) no limitation is provided for filing complaint against notary

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Yes, you can file a complaint.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Section 13 in The Notaries Rules, 1956

1[13. Inquiry into the allegations of professional or other misconduct of a notary.—2[

(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.]

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

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

any limitetion for filing a complain against notary ?

The general law of limitation will apply for this too, i.e., within a reasonable time with explanations for the delay in approaching the authorities.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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