• About less stamp duty document can be notarised

I have maid a rent contract, one  affidevite and one sale agreement. i have not usued sufficent stempduty. but used less stempduty than it required as per law. can notary attested that documents ? it isnot duty of notary to see that whethar  sufficent stemp duty havebeen used or not ? government can take action against that notary ? what panishment can be ?
Asked 1 year ago in Civil Law from Junagadh, Gujarat
there is no duty of Notary regarding the value of the Stamp and property or any execution.

there is no responsibility of Notary.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
131 Consultations
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it is responsibility of the notary officer to examine sufficiency of stamp. insufficient document is not admissible in evidence. If there is any illegal collusion between accused and notary officer then license can be cancelled otherwise it is no offence but merely a breach of duty. 
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
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Hi, it is not the duty of the Notary to see that whether you have paid sufficient stamp duty or not.

2. Duty  cast  on you to see that weather you have taken the document in proper stamp duty or not.

3. The government will have no authority to take action as against Notary.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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1) notary is not concerned whether document is properly stamped or not 

2) it is the responsibility of licensor to pay proper stamp duty on leave and licence agreement 

3) the notary responsibility to verify the identity of persons who sign the leave and licence agreement in his presence 

4) notary would attest document only if person executing the document remains personally present before him 
Ajay Sethi
Advocate, Mumbai
23391 Answers
1229 Consultations
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Notary would not lose his licence if document is understamped 
Ajay Sethi
Advocate, Mumbai
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1229 Consultations
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1. It is your duty to affix the required stamp duty if you want to register the rent agreement,

2. If you have placed the agreement for notarising it then the notary public will notarise it as desired by you,

3. There is no fault on the part of the notary public since you yourself asked the document to be notarised and not registered,

4. So, there is no charge on the notary public.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
No. he Notary Public will not loose his license since no fault of him could be detected on this account.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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No. Govt will not take any action against the Notary Public  since no fault of his could be detected on this account.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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The primary duty of the Notary is to verify, authenticate, certify or attest the execution of any instrument.  Checking with the facts and proof/evidence produced. He has assured himself of the identity of the person who has signed the instrument as well as to the fact of execution. To confirm through a formal statement that the instrument executed possesses certain qualifications or meeting the accepted minimum standards relevant to the contents of the same.

Notory does not peanalised or not loose his license if the document is unregistered. It is not necessary concerned whether the document sis properly stamped or not 
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
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What is the fault of the Notary Public for which the Govt will take action against him?
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
It is you who wanted the agreement to be Notarised and not registered and he has notarised it. How can he be held responsible for your not  registering it or putting less stamp duty?
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
The responsibility of the Notary Public is to notarise the document placed before him to be notarised.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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For notarised agreement there is no question of deficit stamp duty. Moreover notary is only an attesting authority, he/she cannot be held responsible for the client's action of paying less tamp duty. No action can be initiated against a Notary in this regard. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
1. What was the legal need to make a sale agreement if you wanted to bring in existence a rent contract? Be that as it may, a document which is required by law to be stamped does not get its legal character except if it has been stamped sufficiently. Attestation through a notary does not purge an insufficiently stamped document from its loss of legal character and force. Pay the deficient stamp duty if you want the document to be a charter of rights.

2. It is not the duty of notary to see that the document has been sufficiently stamped. No complaint lies against him.

Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0

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