*Govt warns of strict action
Govind Sharma
JAMMU, Dec 17: Rampant and gross violations of Notarial laws by Notaries Public in Jammu and Kashmir have come to the fore, with several Notaries found illegally attesting and “registering” property-related documents, including agreements to sell and papers concerning State land, in blatant disregard of statutory provisions. The violations, described by the Government as serious professional misconduct, have prompted a strong intervention by the Department of Law, Justice and Parliamentary Affairs.
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According to official observations, Notaries across the Union Territory have been overstepping their legally defined authority by performing acts reserved exclusively for registering authorities under the Registration Act, 1908. These include treating notarized agreements to sell as registered documents, authenticating property transactions in the absence of executing parties, and indulging in notarization of documents related to State land-an act that is illegal on the face of it.
The Government has underscored that under the Notaries Act, 1952, a Notary’s role is strictly limited to verifying, authenticating, certifying or attesting documents, administering oaths, and carrying out certain specified Notarial acts. Notaries do not have the power to register documents or validate transfers of immovable property. The distinction between attestation and registration, the Department reiterated, is fundamental and well settled in law.
Despite this clear legal framework, Notaries have been found creating documents in a manner “unknown to law”, giving a false impression of legality to property transactions. Of particular concern is the notarization of agreements to sell. The Government pointed out that an agreement of sale does not, by itself, create any right, title or interest in immovable property. Any attempt by Notaries to attest or treat such documents as legally effective instruments amounts to illegal exercise of authority and undermines the statutory scheme governing property transactions.
More alarmingly, some Notaries have been dealing with documents related to State land. The Government has categorically stated that such documents are void ab initio and non-existent in the eyes of law, and cannot confer any legal right whatsoever. Notarization of such documents not only misleads the public but also facilitates unlawful transactions involving public land.
Terming these acts as gross professional misconduct, the Government has said that such violations attract action under Rule 13 of the Notaries Rules, 1956 and relevant provisions of the Notaries Act, 1952. The Law provides for inquiry into the conduct of Notaries and removal of their names from the official register, effectively debarring them from practice.
In a clear warning, the J&K Government has directed all Notaries appointed by it to immediately desist from registering or notarizing sale agreements or any document relating to State land, and to strictly function within the limits prescribed under the Notaries Act and Rules. Any deviation, the Government cautioned, will invite strict disciplinary action, including cancellation of Notarial registration.
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