Kachwala Misar & Co.

 Rakesh

 18 Years Exp

 Get A Document Notarised (Show More)

 Mumbai , Kalbadevi

 View Answers by this Partner (5)

 Profile Views : 18161

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Overview

Get a document Notarised

According to the Indian law, a Notary Public or Notary is a person who is authorized to carry out certain legal formalities/activities. This would include drawing up and/or validating contracts, deeds and other such legal documents.

Duties Of A Notary Public In India

Under the Notaries Act, 1952, the Central or State Govt. may appoint one Notary Public for a region or for the whole country or a whole state or a part of the state. Duties of a Notary public are governed by the Notaries Act, 1952 and they are-

    Certify, attest or authenticate any instrument
    Administer oaths or witness swearing by deponents for affidavits
    To carry out translations and verify such translations of legal documents from one language to another
    To record proof/evidence in criminal or civil trials and to act as commissioner if so directed
    To perform the function of an arbitrator, counselor or mediator

Significance Of Notarization

Rule 12 of the Notary Rules, 1956 prescribes that every notary shall use a plain circular seal of a diameter of 5 c.m. bearing his name, the jurisdictional area within which he has been appointed to exercise his functions, the registration number,expiry date and the circumscription “NOTARY”, and also the name of the Government which appointed him.

The Notarial Seal acts as a seal of verification meaning that the facts mentioned and the signatures on the document are indeed authentic. It also acts as validation for the fact that the identities of the people signing the document have been verified. It helps prevent forgery and is one of the foremost ways used to avoid frauds in legal documents.

In any legal proceeding, a Notary seal if present on a document, will act as confirmation for the courts that the signatures were placed by a genuine person and not forged or fabricated. It also acts as proof that the individual was not forced into signing it. As one of the many functions of a Notary Public is to witness the document being signed, notarization renders a document authentic, true and voluntarily drafted in many senses.


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Name : Rakesh

Law Firm Name : Kachwala Misar & Co.

Country : India

City : Mumbai

State : MAHARASHTRA

Practicing Since: 2007

About Your Firm : We are a solicitor firm having practice domain of Arbitration, Civil, RERA, NCLT, property, Testamentary, Society, Revenue, drafting, documentation and Conveyancing.

Manpower/Employee Details

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  Agreements/Deeds(Bulk) ( Agreement of Sale )
  Agreements/Deeds(Bulk) ( Agreement of Sale with GPA & Possession )
  Agreements/Deeds(Bulk) ( Sale Deed )
  Power of Attorneys ( Drafting General Power of Attorney )
  Power of Attorneys ( Drafting Special Power of Attorney )
  Legal Opinion/Title Certification ( Apartment/Builder Floor )
  Legal Opinion/Title Certification ( Residential Layout )
  Legal Opinion/Title Certification ( Villa Project )
  Legal Opinion/Title Certification ( Commercial complex )
  Agreements/Deeds(Bulk) ( Memorandum of Understanding )
  Agreements/Deeds(Bulk) ( Joint Development Agreement )

 Legal & Drafting

  Agreements/Deeds ( Relinquishment deed )
  Lease/Rental Agreements ( House Rental agreement )
  Power of Attorneys ( Revoke/cancel Power of Attorney )
  Legal Opinion (Written) ( Plots )
  Agreements/Deeds ( Exchange Deed )
  Lease/Rental Agreements ( Commercial Office Rental Agreement )
  Wills ( Make A will )
  Legal Opinion (Written) ( Apartment )
  Agreements/Deeds ( Release Deed )
  Lease/Rental Agreements ( Commercial Shop Rental Agreement )
  Wills ( Make A Codicil )
  Legal Opinion (Written) ( Villas )
  Agreements/Deeds ( Partition Deed )
  Lease/Rental Agreements ( Commercial Lease Agreement )
  Notary & Attestation Services ( Get A Document Notarised )
  Legal Opinion (Written) ( Independent House )
  Agreements/Deeds ( Memorandum of Understanding )
  Lease/Rental Agreements ( Residential Lease Agreement )
  Affidavits ( Personal Affidavits )
  Legal Opinion (Written) ( Commercial Property )
  Agreements/Deeds ( Joint Development Agreement )
  Lease/Rental Agreements ( Car Parking Agreement )
  Affidavits ( Passport Affidavits )
  Agreements/Deeds ( Agreement of Sale )
  Registration Assistance ( Plot )
  Lease/Rental Agreements ( Leave And Licence )
  Affidavits ( General Affidavits )
  Agreements/Deeds ( Sale deed )
  Registration Assistance ( Apartment )
  Packages ( Legal Opinion to Registration (Plot/Site) )
  Consultation on Property ( Property Buying )
  Affidavits ( Other Affidavits )
  Agreements/Deeds ( Gift Deed )
  Registration Assistance ( Independent House )
  Packages ( Sale Agreement to Registration (Plot/Site) )
  Consultation on Property ( Property Selling )
  Agreements/Deeds ( Sale Agreement/Deed Review )
  Registration Assistance ( Commercial Property )
  Power of Attorneys ( General Power of Attorney )
  Packages ( Sale Agreement to Registration (Apartment) )
  Agreements/Deeds ( Rectification Deed )
  Lease/Rental Agreements ( Apartment Rental Agreement )
  Power of Attorneys ( Special Power of Attorney )
  Packages ( Legal Opinion to Registration (Apartment) )

 NRI Services

  Property Disputes ( Illegal Sale of Land And Property )
  Property Disputes ( Illegal Transfer of Land And Property )
  Landlord Tenant Disputes ( Landlord Tenant Disputes )
  Succession Certificate ( Succession Certificate )
  Buying Selling of Property in India ( Buying/Selling of Property in India )
  Property Search ( Land And Property Search )
  Propert Transfer ( Land and Property Transfer )

Subject :  Drafting a Will
Question :  Can i specify an under construction property in the Will? The property will be delivered only after a year. But i want to register the Will now by bequeathing my properties to my son. Is that possible?

Answer by Kachwala Misar & Co. :  Yes. But how do you demonstrate that you have right in the under construction property? I presume that you would have a allotment letter or registered agreement executed by the Builder/Developer in your favour. Please mention the details of the same also in the will.

Subject :  Cost of rental agreement
Question :  What is the total cost of rental agreement including stamp paper for rental in Hebbal apartment and how much time to send

Answer by Kachwala Misar & Co. :  Please share more details rather the ready reckoner rate. Stamp Duty would depend upon the Rent amount, License Period and the Security Deposit and only then the amount payable can be decided

Subject :  Power of attorney of house
Question :  My house is on name of my grandmother. There are no any nominee or will or power of attorney of house. There is only dastaveg of house which is on name of my grandmother. But she is no alive. What is the prosidure to make that property on name of my grandfather. There are no any proof of marriage.

Answer by Kachwala Misar & Co. :  Apply for Succession Certificate or heirship certificate from court.

Subject :  Power of attorney of house
Question :  My house is on name of my grandmother. There are no any nominee or will or power of attorney of house. There is only dastaveg of house which is on name of my grandmother. But she is no alive. What is the prosidure to make that property on name of my grandfather. There are no any proof of marriage.

Answer by Kachwala Misar & Co. :  Apply for Succession Certificate or heirship certificate from court.

Subject :  Registration of property
Question :  Hello, I want advice on property registration. I have flat of 900 super built up area in Patna which I want to sell for Rs 27 lakhs. A buyer has agreed and an agreement has been made accordingly. However as per valuation the value of a property of 900 sq feet in my area is Rs 36 lakhs. Now the buyer wants to register the sale deed at Rs 36 lakhs. As payments will be made to my bank account, what will be the legal aspects and tax problems as payment amount will be Rs 27 lakhs,and I shall have to pay income tax accordingly. Please advice on the course of action to be taken. Thank you

Answer by Kachwala Misar & Co. :  Sir, If your agreement value in the agreement is Rs 36 Lakhs then FIRST buyer will have to show the proof of payment of RS 36 lakhs and SECOND in your books of accounts the income received would be RS 36 lakhs and you will have to pay tax on that. In any case, you can register the property with consideration as Rs 27 lakhs and pay stamp duty on Rs 36 Lakhs.