Dear Client, 

It is not permissible for a notary to destroy his register after five years, as under the Notaries Act, 1952 and the Notaries Rules, 1956 he is bound to maintain a permanent record of all notarial acts for inspection and for issuance of certified copies; therefore, the claim that registers were destroyed after five years is not legally valid, and this act itself creates serious doubts about the credibility of both the notary and the will he attested, especially since the sole beneficiary is an employee and the notary is also an attesting witness, thus, in your case, this irregularity can be strongly pressed before the court as a suspicious circumstance surrounding the will, shifting a heavy burden on the propounder to prove its genuineness beyond doubt.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you. 

There is no period specified under notaries act for maintenance of record 

Central Information Commission

Prashant Kakade vs Ministry Of Law & Justice on 13 September, 2018 Has held

As regards the old records, it may be scanned and uploaded on the web-portal so that it can be easily accessed to and retained for long periods. This should be available just at the click of a button. The Secretary, Deptt. of Legal Affairs is advised to expedite action on the orders of the Hon'ble High Court for bringing about the change in record keeping and to move towards digitization of their records pertaining to the notaries. This will facilitate replies to RTI applications and would 3also be in consonance with the section 4(1)(a) of the RTI Act viz. "Section- 4(1) (a): Every Public Authority shall maintain all its records duly catalogued and indexed in a manner and the form which facilitates the Right to Information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to the availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated."

There is no specified timeframe for how long a notary public must keep their records of notarisation under Indian law; the Notaries Act, 1952, and the Notaries Rules, 1956, only state that a notary must maintain a register of acts and submit an annual return. 

The validity of a notarized document, however, depends on the document's type, purpose, and applicable laws, and can be affected by changes in circumstances. 

An affidavit or other document may become invalid if there is a significant change in the facts or circumstances it addresses. 

The validity of a notarised document is not tied to the notarisation itself but to the document's inherent validity and purpose. 

If the notary public is an attesting witness then he can testify the same as a witness in the probate case

According to the Notaries Act, 1952, a notary in India is required to preserve their records, including registers related to notarizations, for a period of five years. The act and associated rules allow notaries to maintain and retain their records for this prescribed time frame. Therefore, it is generally permissible for the notary to destroy the register after five years, as per legal norms, unless specific instructions or orders dictate otherwise.

However, destruction of records after five years can be challenged if there is reason to believe the records were needed for ongoing or foreseeable litigation or investigation. Since the will in question was made in 2006 and the notary destroyed records shortly after the five-year retention period, the notary’s action is likely legally acceptable under the Notaries Act, 1952.

The absence of the register may limit your ability to verify original notarization details from the notary’s record, but this does not automatically invalidate the will. The will’s authenticity and validity will also depend on other evidence such as witness testimony, document examination, and surrounding facts considered by the court.

In summary:

• The notary’s claim of keeping records for only five years aligns with statutory obligations under the Notaries Act.

• It is not unusual or unlawful for the notary to destroy registers after this period.

• Your challenge to the will should focus on substantive issues related to the document’s validity rather than the absence of the notary’s register.

• The court will consider all available evidence apart from notary records in deciding authenticity.

If further proof is needed, forensic examination of the will or witness cross-examination may be crucial. Consulting a lawyer experienced in will disputes and notary law is advisable to explore other evidentiary avenues and present a strong challenge in court.

As per the.notaries act it’s 5 years to preserve. But if Madhya Pradesh govt has any circular of more than 5 years then notary has to abide it. In Maharashtra the govt circular to preserve is for 10 years

There is no such provision in notaries act or rules framed under for maintenance of notary register for 15 years or so 

rely upon judgment cited above 

No Legal Authority for Record Destruction

The notary's claim is legally invalid - neither the Notaries Act 1952 nor Notaries Rules 1956 contain any provision permitting destruction of registers after 5 years.

Key Legal Violations

Rule 11(8) mandates public access to certified copies of register entries, making destruction a breach of statutory duty.

Rule 11(9) allows District Judge inspections up to twice yearly - destruction prevents this legal oversight.

Strong Legal Challenge Available

Criminal Implications

Section 477 IPC - fraudulent destruction of valuable documents carries up to 7 years imprisonment.

Professional Misconduct

Rule 13 of Notaries Rules allows removal from register for professional misconduct - deliberate record destruction qualifies.

Court Precedent

In Nand Lal v. Department of Legal Affairs, CIC held that notaries have legal duty to protect and preserve records - even termite destruction required explanation and verification.

Your Legal Strategy

1. File criminal complaint under Section 477 IPC for fraudulent document destruction

2. Seek adverse inference against the will due to destroyed evidence

3. Challenge notary's credibility as attesting witness

4. Report to Bar Council for professional misconduct action

The timing of destruction (exactly when will was challenged) indicates deliberate concealment and significantly strengthens your case against the disputed will's authenticity.

As per the Notaries Act, 1952 and the Notaries Rules, 1956, a notary in India is required to maintain and preserve his notarial registers and related records for a minimum period of five years from the date of making the entries. After the completion of this time period, there is no statutory obligation to retain such registers, and it is legally permissible for the notary to destroy them, unless there is a pending court order or investigation requiring their preservation.

There is no provision in the Notaries Act, 1952 or its Rules that mandates indefinite preservation or requires records to be kept beyond five years. Various amendments and government notifications have clarified the retention duty as “five years”—see Rule 8(4) and 8A of Notaries Rules (amended in 1998 and 2000). Exceptions do exist in rare cases when state circulars prescribe a longer duration, but the central law on notary record-keeping is clear and standard.

Therefore, your notary’s action of maintaining and then destroying the registers after five years is lawful and aligns with established norms. It does not render the notarization or will invalid; the court may still consider witness testimony and document examination for adjudication. For case precedents and exact rules, refer to Government of India Gazette Notifications (GSR 547(E), GSR 17(E)) amending the Notaries Rules regarding the five-year period.

Focus your legal challenge on other substantive grounds of will validity, such as suspicious circumstances, forgery, or undue influence, as the absence of the notary’s register after five years is not a successful ground by itself. If you require specific citations for your pleadings, you may refer to Rule 8(4), Rule 8A of the Notaries Rules, 1956 (as amended).

1) thanks for your appreciation 

There is no specified timeframe for how long a notary public must keep their records of notarisation under Indian law; the Notaries Act, 1952, and the Notaries Rules, 1956, only state that a notary must maintain a register of acts and submit an annual return. 

In the above situation your efforts to trace the rules for destruction is unnecessary fatigue becasue in the absence of any strict rules that he he has to maintain the records for ever or he has to follow the procedures for destruction of old records, the notary cannot be expected to maintain the records forever. He can very well destroy the olde records owing to various factors the most important being the space crunch. 

You may not find the rules that you are searching for because as far as destruction is concerned, there is no specification in the rules about it, however since the notaries are required to submit returns periodically, the records may be stored elsewhere even if the notary is not having one. 

Best do luck 

No, a notary cannot destroy his register after 5 years. The Notaries Act, 1952 and Rules, 1956 have no provision allowing destruction. Rule 11(2) requires the register of notarial acts to be maintained and preserved. If the notary destroyed it, that conduct is irregular and creates suspicion around the will.