Norary public notarised land sale agreement with two major misconducts 1.one of the party of agreement was minor on the date of notarisation (agreement shown directly between the purchaser (minor) and seller. 2.The seller was not present at the time of notarisation,nor he signed the document in front of notary public. 3.Seller denies signing any such document. 4.Notarisation was done in 2001. What action can be taken by the agrieved party (seller) against the notary public?
Notarized agreement is actually not maintainable in law.
If you want to prove that this is a manipulated or fabricated document, the burden lies on you to prove this before court and get the document nullified by an order of the court.
At this stage you may not be able to prove the acts of notary public as false
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
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
The fact that one the parties to the sale agreement was minor ,at the time of making notarised document,does it not make document invalid?
minor's agreement is a void meaning thereby that it has no value in the eye of the law, and it is null and void as it cannot be enforced by either party to the contract.
First of fall Sale Agreement is not valid on the based of Notarized.
Plus minor agreement is not valid. you can make complaint against particular party and Public Notary as well.
Basically, a person minor by age cannot enter into any contact and if there was any agreement made then it is null and void as per Indian contract Act.
Dear Client,
Notarized Agreement is an agreement attested by the Notary Public appointed by the government. If the agreement is of 11 months then it is compulsory to notarize the Rent Agreement. This should be done because the signature on the agreement is considered to be valid only if the government-appointed lawyer has signed and put a seal on the agreement.
A notarized rent agreement is valid but it is not admissible in court.
Thank You.
The aggrieved party can complain in writing to the bar council to debar the notary, with proper supporting documents. A suit also can be filed claiming damages for his deliberate misconduct.
The document is totally invalid as the purchaser was minor at the time of notarising and the seller does not signed the agreement. You can file case againts the Notary Public in the Court and also informed the entire matter to the Bar Association.
you can file a complaint but need to take a sanction as there is a bar under notaries Act. But the actions are not in good faith as per his duties the said sanction is not required.
