What is the role of a notary in property transactions in India?

A notary in property transactions in India is a legally authorised official who certifies and attests the authenticity of documents and signatures involved in a property deal, such as affidavits, powers of attorney, or agreements. However, notarisation alone does not constitute legal registration or transfer of ownership.

Key Functions of a Notary

• Verifying the identity of signatories on property-related documents
• Attesting affidavits, declarations, and powers of attorney
• Certifying document copies as true copies of the original
• Administering oaths where required for legal declarations

Notarisation vs Registration

Notarisation confirms that a document was signed in the notary's presence and is authentic, but it does not transfer legal title to property. Only registration at the sub-registrar's office, as required under the Registration Act, legally transfers ownership for most property transactions.

When Notarisation Is Commonly Used

• Powers of Attorney executed for property transactions
• Affidavits related to property ownership or no-objection declarations
• Rental or lease agreements below the registration threshold period
• Supporting documents submitted alongside the main sale deed

A notary plays a supporting but important role in authenticating documents used in property transactions, particularly powers of attorney and affidavits. It is important to remember that notarisation is not a substitute for formal registration when legal ownership transfer is required.