Notary Attestation Process: Step-by-Step Guide

The notary attestation process is the official procedure where a Notary Public verifies the identity of a signatory and confirms that a document was signed voluntarily and in their presence. This process is needed to make a document legally admissible as evidence in court and to certify it for use in official transactions, such as property sales, affidavits, power of attorney, and educational certificate verification. The governing authority for notaries in India is the respective state government under the Notaries Act, 1952.

The core purpose is to prevent fraud. The notary does not verify the truth of the document's content, only the authenticity of the signature and the identity of the person signing. Without this step, many legal and financial documents would be considered unverified and could be challenged.

The notary attestation process typically follows these steps:

1. Prepare the Document: Ensure the document is complete and ready for signing. Do not sign it beforehand. The notary must witness the signing.
2. Visit a Notary Public: Go to a licensed Notary Public's office. You can find one at a district court, sub-registrar office, or a private notary's chamber.
3. Provide Identification: Carry original government-issued photo ID (Aadhaar, Voter ID, Passport, Driving Licence) and a photocopy. The notary will verify your identity.
4. Sign in the Notary's Presence: Sign the document only after the notary confirms they are ready to witness it. Do not sign before arriving.
5. Notary Verification and Attestation: The notary will check the ID, confirm your identity, and then affix their official stamp, seal, and signature on the document. They will also record the details in their register.
6. Pay the Fee: Pay the prescribed notary fee. Fees are governed by state rules and are usually nominal (e.g., ₹10-₹50 per signature for standard documents, though higher for affidavits or agreements).
7. Collect the Notarised Document: The notary will hand over the attested document. Keep it safe as it is now a certified copy.

You will need the following documents for the notary attestation process:

• Original Document to be Notarised: The document itself (e.g., affidavit, agreement, declaration) must be presented in its final form.
• Proof of Identity: Original and one photocopy of a valid government-issued photo ID. Acceptable IDs include Aadhaar card, Voter ID, Passport, or Driving Licence.
• Proof of Address (if required): For certain documents like affidavits, the notary may ask for a recent utility bill or bank statement to confirm your address.
• Witnesses (if required): Some documents, such as a Will or Power of Attorney, may require one or two witnesses. They must also carry their own ID proof and be present during the attestation.

It is advisable to carry multiple photocopies of your ID and the document itself, as the notary may need to retain a copy for their records.

The cost of notary attestation in India is regulated by the respective state government under the Notaries Act, 1952. Fees are generally low and fixed. For a standard document like an affidavit or a simple declaration, the fee is typically between ₹10 and ₹50 per signature. For more complex documents like agreements or deeds, the fee may be higher, often ranging from ₹100 to ₹500.

Some notaries may charge a small additional fee for typing or drafting the document if you require that service. It is always best to confirm the total fee before proceeding. You should also ask for a receipt for the fee paid. Avoid paying significantly more than the prescribed rates, as this could indicate an unlicensed or unethical notary.

Notary attestation and apostille are two different levels of document certification. Notary attestation is the first step, performed by a Notary Public within India. It certifies the signature and identity of the signatory for domestic use or as a preliminary step for international use.

An apostille is a higher level of certification required for documents to be used in countries that are signatories to the Hague Convention of 1961. It is issued by the Ministry of External Affairs (MEA) in India. The process is: first get the document notarised, then get it attested by the State Home Department or SDM, and finally get it apostilled by the MEA. For non-Hague countries, you may need embassy attestation instead of an apostille.

If you need a document notarised, first prepare the document and gather your original ID proof. Then, locate a licensed Notary Public near you. For complex documents like a Will or Power of Attorney, or if you are unsure about the specific requirements for your document, consult a qualified legal professional.

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This page provides preliminary information. It is not legal advice. For your matter, consult a qualified professional.