To notarise a document in Kolkata you carry the original paper, a government photo identity and - where the paper is already signed - the person who signed it, to a notary public appointed by the Government of West Bengal. You sign or admit the signature in front of him, pay the prescribed fee, and take the paper back carrying his endorsement, seal, registration number and date. The notarisation becomes provable because the notary records the transaction in his register; the endorsement without that entry proves very little.
Before you start
Notarisation is an act, not a rubber stamp. The notary must see either the execution or the admission of the document, so assemble everything before you reach his seat:
- The original document, complete and final. Carry one legible photocopy as well, because most notaries keep a copy for their file.
- Photo identity and address proof of every person who signs - Aadhaar, passport, driving licence or voter card. A notary who cannot identify you is entitled to refuse.
- The signatory in person. A paper sent through a messenger or an office assistant will not be notarised; the person who signs must appear.
- Authority to sign where you sign for a company, trust or society - the board resolution, the power of attorney or the deed that gives you the right.
- Two identifying witnesses if the document names witnesses, and the fee as the notary's schedule and the state fee rules require.
Steps
- 1. Fix the right officer. A notary public is appointed under the Notaries Act 1952 and practises within a defined local area. Use a notary whose area covers you or the property, because an endorsement made outside his jurisdiction is open to question later.
- 2. Say what the document is. The wording of the endorsement follows the paper. An affidavit sworn before him is attested as such, a copy is certified as a true copy, and an instrument already executed is certified as executed before him. Tell the notary which one you need, because the register entry differs.
- 3. Complete every blank first. Dates, amounts, names and blank lines must be filled before you arrive. A notary will not certify a paper that is still partly blank.
- 4. Sign in his presence. If the document was already signed, you must appear and admit the signature as yours; the notary records that admission. Never sign a second time over an old signature.
- 5. Produce your identity. The notary records your name and the identity document you showed. Be ready to state your relationship to the document - whether you sign in your own right, or as director, executor or attorney.
- 6. Let him endorse and seal. The endorsement carries his name, the number by which he is entered in the register of notaries, the date, and his signature and seal. Check all four before you leave the desk.
- 7. Confirm the register entry. Ask that the endorsement number match the register entry and keep the fee receipt. If the paper will be filed in court or sent abroad, ask whether attestation or an apostille is needed on top.
Documents to keep
- The notarised original, plus the notary's own stamped photocopy.
- The fee receipt showing the endorsement number and date.
- Copies of the identity documents you produced.
- Where the document is an affidavit meant for a court, the final signed draft, so any later correction is traceable.
What goes wrong
- Blank paper. The commonest refusal. A notary will not endorse a sheet that is still blank, because a signed blank sheet can be filled in afterwards. Have the entire text typed first.
- An unsigned document. If nobody has signed and you are unwilling to sign before him, there is nothing to notarise.
- No identity. Without a photo identity the notary cannot establish who is before him and should decline.
- The wrong signatory. Someone signing for another person without a power of attorney produces a document that does not bind the true holder.
- Certifying a copy as if it were the original. A certified copy speaks to the copy, not to the truth of the original.
- Signing at home and merely admitting later. Where the receiving office wants an endorsement of execution before the notary, this may not match; ask before you sign.
Common questions
Is notarisation the same as attestation?
Attestation is narrower: an authorised person signs to confirm that a copy matches the original, or that a signature is genuine. Notarisation covers that and the wider certification of execution, with a register entry naming the person and the document. Authorities often use the words loosely, so ask the receiving office which it wants.
What is the difference between a notarised affidavit and one sworn before the oath commissioner?
A notarised affidavit is sworn before a notary acting in that capacity; a court affidavit is usually sworn before an oath commissioner appointed by the High Court. Both are sworn statements, but the forum that will read the paper decides who may administer the oath. Match the officer to the forum.
Does a notarised document still need registration?
Only where the law makes registration compulsory - broadly, instruments that create, transfer or extinguish rights in immovable property under the Registration Act 1908. Notarising a document that must be registered does not cure the missing registration.
Which documents actually need notarisation in practice?
Affidavits for courts and authorities, declarations of change of name or address for banks and universities, indemnity bonds, self-declaration certificates, consent letters for a child travelling with one parent, and certified copies for official use. Ordinary contracts between two businesses bind without it unless an authority demands it.
When a notarised claim turns into a dispute, the notice that follows should be drafted with the same care - see our legal notice drafting service and affidavit drafting in Kolkata. The civil litigation formats collection shows the wording these offices expect.
FileX Advocates & Legal Consultants, Kolkata, drafts, attests and files these documents before the Calcutta High Court, the City Civil and Sessions courts, the magistrate and the registration offices. Call +91 7439811422 or WhatsApp us for a free first consultation.