Understanding Notary Fees for Property Documents: Types and Costs Explained

Notarisation is a frequent process in legal and financial procedures that is very important part of authenticity and functionality of documents. Notarisation can take the form of many documents including but not limited to a rental agreement, deed to real property or power of attorney. Notarisation allows verification of identities, deterring fraud, and allows documents to be treated seriously.

This article will look at the aspects of notaries fees, the different kinds of notaries fees, and the elements involved in the price of notarisation, mostly for a property transaction.

Understanding Notarisation in Property Transactions

Notarisation is the second step to validating documents by a notary public.  A notary public is a government appointed individual who is authorized to witness signatures, take oaths and authenticate legal documents.  Notarisation of documents in property transactions is the process of making sure the content of the documents are valid, making sure that the identities of the parties involved in the august transactions are not misrepresented and putting a notary seal on the documents so that they can be treated as legitimate.

In India, the notarisation process is governed by the Notaries Act, 1952, and the Notary Rules, 1956.  A notary public is an impartial witness who helps to ensure that the parties in a transaction are willing participants, and that the documents read, signed and sealed are not stolen, forged or misrepresented.

Also Read: Avoid These Common Errors When Purchasing an Under-Construction Property

Why Are Notary Services Essential?

1. Legal Requirement: Certain documents must be notarized as part of the legal obligation for it to be enforceable in a court of law.
2. Fraud Reduction: Notarization allows a notary to verify the signatures and information in the document are authentic, which helps limit the chance of fraud.
3. Submitting Evidence in Litigation: There may be some documents that could be admissible in litigation settings, to show authenticity.

Is Notarisation Mandatory for All Legal Documents?

Most documents do not require the formal process of notarisation. Nevertheless, property-related agreements, affidavits, and power of attorney documents require formal notarisation, which is required for legal purposes. It is worth noting that not only legal ownership of any asset such as property, cannot be established simply by signing the document but by registering with the government. Notarising only proves that the documents are genuine, not ownership of a property.

Who Can Notarize Property Documents?

A notary public, appointed by the state or central government, can perform notarizations. A notary public is usually a professional legal practitioner, often a lawyer with a minimum of 10 years of professional practice (7 years for SC/ST candidates).  

Their functions include: 

• Vetting and attesting to legal documents; 
• Taking oaths and certificates of affidavits;
• Certifying copies; and  
• Translating documents or certifying translations of documents.

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Notary Fees in India

Notarisation fees are regulated by Rule 10 of the Notary Rules, 1956. The notary public must prominently display the fees in their office. Notary charges may vary because of factors like location, document type, or complexity of the transaction.

Typical Notary Fees for Common Services

• Rent Agreements - ₹200 to ₹500.
• Verification of Instruments - ₹35 each.
• Translation, with Verification - ₹100 each.
• True Copies Certification - ₹10 per page.
• Oaths and Affidavits- ₹35 each affidavit.
• Documents intended for use outside of India - ₹200 for each document.

Types of Notary Fees

1. Standard Notary Charges: These charges include verification of identity, witnessing signatures, and adding the notary seal.
2. Copy Certification Charges: This pertains to certifying copies of documents, such as passports, birth certificates, and academic documentation.
3. Travel Charges: If the notary public is traveling to an applicant's location, a travel fee may be applied.
4. Electronic Notarization Charges: Digital notary services are growing in popularity in India, and it may entail a minimal fee for electronic documents.

Factors Influencing Notary Costs

Several factors contribute to the variability of notary fees:

1. Location: Fees are generally higher in metropolitan areas due to the higher cost of living and demand for notary services.
2. Type of Document: The nature of the document, whether it's a property deed, power of attorney, or affidavit, affects the cost.
3. Complexity of Services: Complex documents requiring extensive verification or multiple witnesses often incur higher fees.
4. Travel and Mobile Services: When notary officials provide on-site services, travel fees are added to the basic charges.
5. Experience of the Notary Public: Experienced notaries with specialised expertise may charge premium fees for their services.
   
   
6. State Regulations: Each state in India has its own rules regarding notary fees to ensure fairness and prevent excessive charges.

Notary Fees for Property Transactions

Property transactions often have important notarisation requirements. Some common scenarios include: 

• Rental Agreements: Notarisation provides assurance that the agreed terms are enforceable and addresses issues between landlords and tenants
• Sale Deeds and Power of Attorney: These critical documents must be notarised to demonstrate authenticity prior to registration

• Property Inheritance Documents: Wills and trust deeds are notarised to promote validity of claims for inheritance and stem disputes among heirs.

Also Read: Illegal Possession of Property: Prevention, Protection, and Legal Actions

Advantages of Notarisation in Property Transactions

• Guarantees Authenticity: Gives a certainty that the document is real and not a forgery, or false.
• Minimises Disputes: Reduce the chance of legal disputes by enclosing documents that are in doubt.
• Speeds Up Processes: Makes the process easier by establishing, on the front end of any process, that the document is valid.

How to Choose a Notary Public

When selecting a notary public, here are a few factors to consider:

• Reputation and Experience: Look for a notary who has references and experience with a track record of doing "good" work.
• Fees: Look at notary fees from a number of officials so that you can find the best deal.
• Convenience: If you do not have the flexibility to move, you can find a notary who does on-the-spot or e-notarisation.

Conclusion

Notarisation is an important requirement for property transfer, and other legal documents, this provides authenticity, prevention of fraud, and legal acceptance. If you know some of the aspects of notary fees, with types of fees and factors that may affect your price, this allows you to make choices and save on fees. Always consult with an authorized notary public no matter how simple or complex your document is to make sure it meets legal needs and standards.

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