• Non judicial stamp paper

Under which section , notary has a power to bye nonjudicial stamp paper on his own name for his client ?
Asked 8 months ago in Civil Law from Junagadh, Gujarat
Religion: None
1) As per section 34 of the Bombay Stamp Act, 1958, the stamp papers should be in the name of one of the parties who have signed/who would be signing the instruments.

2) If the stamp paper has been purchased in the name of an Advocate, C.A., etc., then such instrument shall be treated as an instrument not duly stamped and shall be inadmissible in evidence.

3) notary would not buy any stamp paper 
Ajay Sethi
Advocate, Mumbai
23318 Answers
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as far as mamlatedar refusal to accept documents attested by notary kindly state   detailed facts of your case , nature of document, reasons for refusal by notary to accept document 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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1) advocate  is authorised to purchase stamp papers on behalf of his client if authorised under vakalatnama or if given specific powers to purchase stamp paper.

2) lawyer purchasing stamp on behalf of his client he has to sign stamp paper before stamp vendor on behalf of his client and also has to right "with authority" or "for and on behalf of"
Ajay Sethi
Advocate, Mumbai
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under provisions of powers of attorney act advocate can be authoirsed by party to act on his behalf 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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2. Execution under power-of-attorney.-

The donee of a power-of-attorney may, if he thinks fit, execute or do any instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by authority of the donor of the power; and every instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof.

2) if principal has executed power of attorney in favour of his advocate the holder can purchase stamp paper on behalf of the principal 

 
Ajay Sethi
Advocate, Mumbai
23318 Answers
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Under Notary Act, 1952 and Indian Stamp Act, 1899. Notary has very limited power.  Normally on the GPA Notary signature is mandatory.  In other cases it is not so important.  Some documents attested by Notary are not entertained by Courts and other Governmental Departments.  
Ravinder Pasula
Advocate, Hyderabad
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68 Consultations
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Under which section , notary has a power to bye nonjudicial stamp paper on his own name for his client ?

Notary can buy a non-judicial stamp paper for his client on being instructed to buy on for him owing to is inability to buy one staying in a distant place. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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mamlatadar has a power to refuse documents attested by notary ?

The court only can decide the validity of the notary signed document and not the mamlatdar.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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if advocate can purchase stamp paper on his own name for on behalf of his client, sir u answered me, than under which act, and section ?

What is your botheration about it, an advocate can very well buy a stamp paper on behalf of his/her client on the instructions of client.  You may read the civil law properly in this regard.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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but under which act and which section 

You can refer to advocates act, vakalt act and civil rules of practice.
T Kalaiselvan
Advocate, Vellore
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every non judicial stamp paper bears name of the holder in its back side. Any one can buy it from notary public. it is not mandatory that only holder can buy it. it is mandatory that holder's name must be written in the back side of stamp paper. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
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advocate cannot buy stamp paper in his own name  in behalf of his client. 
Shivendra Pratap Singh
Advocate, Lucknow
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There is no section in any provision of law which empowers either a notary or advocate to do this. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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There are many acts performed in the legal parlance which owe their origin to not a provision of law but a long standing practice, this is one of such acts.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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