Who Can Legally Notarize Documents in India? Complete 2026 Guide

  Written by: Pranjali Sorte  | Edited by: Swapnil Vyawahare

Reviewed by: Professional Attestation & Apostille Consultants team of PEC Attestation

1. Legal Framework Governing Notarization in India

The profession of notaries in India is regulated by the Notaries Act, 1952 and the Notaries Rules, 1956. This legislation establishes the legal foundation for who can perform notarial acts and what powers they possess.

1.1 Notaries (Amendment) Rules, 2024

The Ministry of Law and Justice notified the Notaries (Amendment) Rules, 2024 on February 24, 2024 (G.S.R. 132(E)), introducing several key changes:

• Updated Form-I and Form-II templates for application and certification
• Enhanced eligibility verification procedures
• Six-month bar on re-application after a rejected or withdrawn application
• Revised fee structures for certificate issuance and renewal

Source: Department of Legal Affairs, Ministry of Law and Justice, Government of India

1.2 Notaries (Amendment) Rules, 2025

The Notaries (Amendment) Rules, 2025 were notified on October 17, 2025 (G.S.R. 763(E)), bringing additional modifications:

• Increased maximum number of notaries in Gujarat, Tamil Nadu, Rajasthan, and Nagaland
• Enhanced digital integration through the Notary Portal
• Streamlined renewal procedures for existing notaries

2. Who Can Legally Notarize Documents in India?

Under Section 3 of the Notaries Act, 1952, the power to appoint notaries lies with both the Central Government and State Governments. Only persons meeting specific eligibility criteria can become authorized notaries.

2.1 Primary Categories of Authorized Notaries

Category	Practice Requirement	Key Qualifications
General Category Advocates	Minimum 10 years	LL.B degree, Bar Council enrollment
SC/ST/OBC Advocates	Minimum 7 years	LL.B degree, Bar Council enrollment, Caste certificate
Women Advocates	Minimum 7 years	LL.B degree, Bar Council enrollment
Retired Judicial Officers	10 years in Judicial Service	Previous judicial service experience
Government Legal Officers	10 years	Held office requiring special legal knowledge
Indian Legal Service	Member of service	Central Government service
Armed Forces Legal Department	10 years	Judge Advocate General or legal department

2.2 Essential Eligibility Requirements

To be eligible for appointment as a notary, an applicant must satisfy:

1. Legal Practice Experience - Must have practiced as an advocate for the prescribed minimum period (10 years for general, 7 years for reserved categories)
2. Educational Qualifications - Must hold a valid LL.B. degree (3-year or 5-year program) from a recognized university
3. Bar Council Enrollment - Must possess a current enrollment certificate from the respective State Bar Council
4. Indian Citizenship - Must be a citizen of India
5. Clean Professional Record - Must not have been convicted of any offence involving moral turpitude and should not be an undischarged insolvent

3. Documents Required for Notary Appointment

3.1 Educational Documents

• Matriculation Certificate
• Graduation Certificate (for 3-year LL.B.)
• LL.B. Degree Certificate
• Professional Qualifications

3.2 Professional Documents

• Bar Council Enrollment Certificate
• Enrollment Number and Date
• Practice Certificate
• Court Affiliation Details

3.3 Personal Documents

• Residential Address Proof (Aadhaar, voter ID, or utility bill)
• Caste Certificate (for SC/ST/OBC category)
• Identity Proof (government-issued photo ID)
• Recent Passport-sized Photographs
• Income Tax Returns (previous two financial years)

3.4 Character and Background Documents

• Character Certificate (from District Judge)
• No Objection Certificate
• Police Verification Report

4. Functions and Powers of Notaries in India

Under Section 8 of the Notaries Act, 1952, authorized notaries perform:

4.1 Core Notarial Functions

• Verification of Documents (deeds, contracts, instruments)
• Administering Oaths (affirmations and declarations)
• Witnessing Signatures (identity verification)
• Certifying True Copies
• Noting and Protesting (bills of exchange)
• Verification of Identity

4.2 Types of Documents Commonly Notarized

Document Type	Purpose
Affidavits	Legal declarations for court proceedings
Powers of Attorney	授权书 for property, legal, financial matters
Rental Agreements	Property lease documentation
Sale Deeds	Property transfer documentation
Vehicle Registration Papers	Vehicle transfer and ownership
Educational Certificates	Foreign employment and education
Marriage Certificates	Visa and immigration purposes
Commercial Contracts	Business agreements and MoUs

4.3 Seal and Registration Requirements

Every appointed notary must:

• Obtain a circular seal of exactly 5 cm diameter with name, registration number, area, and "NOTARY"
• Maintain a Notarial Register in Form XV for all notarial acts
• Display registration number on all documents
• File annual returns with government
• Submit to inspection by District Judge at least twice yearly

5. Digital and E-Notarization in India (2026 Update)

5.1 Legal Recognition of Online Notarization

As of 2026, online notarization through video conferencing is legally recognized in India under:

• Conducted by registered notary under Notaries Act, 1952
• Proper identity verification via secure video conferencing
• Digital recordkeeping of entire process
• eMudhra-issued digital signatures for authentication

5.2 Government Notary Portal

The Government of India launched the Notary Portal (https://notary.gov.in) providing:

• Online application submission
• Digital certificate issuance
• Annual return filing
• Renewal processing
• Provisional notary list publication

5.3 Court-Approved E-Notarization Platforms

NotarEase became India's first court-accepted e-notarization platform after two Delhi High Court rulings in 2025-26 validated electronically signed affidavits.

5.4 Leading E-Notarization Service Providers

Platform	Features	Processing Time
IndiaFilings	100% online, video verification, digital seal	Same day (24 hours)
NotarEase	Court-approved, eMudhra signatures, QR verification	2-4 hours
Legal Parihar	24/7 service, bank-level encryption	2-4 hours

5.5 E-Notarization Process

1. Document Upload - Upload documents to secure platform
2. Identity Verification - KYC using government-issued ID
3. Video Conference - Live call with certified notary
4. Digital Signature - eMudhra-issued signatures
5. Seal and Certificate - Official digital notary seal

6. State-Wise Notary Registration and Requirements

6.1 Notary Fee Structure by State (2024 Amendment)

State/UT	Issue Fee (₹)	Renewal Fee (₹)
Maharashtra	1,500	1,000
Karnataka	1,200	800
Tamil Nadu	1,000	750
Delhi	1,350	900
Gujarat	1,100	700
Telangana	800	500
West Bengal	950	650
Uttar Pradesh	850	550
Rajasthan	900	600
Smaller States	200-400	100-200

6.2 Verification of Notary Registration

To verify a notary's authenticity:

• Check registration number against official lists
• Verify seal details (Name, Registration Number, State, 5cm diameter)
• Request government-issued ID card
• Check online databases at https://notary.gov.in

7. Step-by-Step Appointment Process

1. Online Registration - Register on Notary Cell portal and complete application
2. Document Submission - Submit physical memorial through District Court
3. Forwarding by District Court - District Judge reviews and forwards
4. Selection Board Interview - Joint Secretary chairs interview
5. Ministerial Approval - Merit list placed before Minister
6. Fee Payment and Certificate Issuance - Receive 5-year Certificate of Practice

8. Frequently Asked Questions

Q1: Who can legally notarize documents in India?

Only persons appointed under the Notaries Act, 1952:

• Notary Public appointed by State/Central Government
• Advocates with 10+ years practice (7 years for SC/ST/OBC/Women)
• Retired judicial officers (10+ years service)
• Government legal officers with required experience
• Members of Indian Legal Service

As of 2026, registered notaries can also perform digital notarization via video conferencing.

Q2: What are the eligibility criteria?

• General Category: 10 years legal practice
• SC/ST/OBC/Women: 7 years legal practice
• LL.B. degree from recognized university
• Enrollment with State Bar Council
• Indian citizenship
• Clean criminal record

Q3: Is online notarization legally valid in India in 2026?

Yes, with conditions:

• Must use registered notary under Notaries Act 1952
• Proper identity verification during video conference
• Digital recordkeeping mandatory
• eMudhra-issued digital signatures
• Court-approved platforms accepted (NotarEase)

Q4: How long is a notary appointment valid?

5 years from Certificate of Practice issuance. Must renew before expiry.

Q5: What documents can a notary notarize?

Affidavits, Powers of Attorney, Rental Agreements, Sale Deeds, Vehicle Papers, Educational Certificates, Marriage Certificates, Commercial Contracts, Bills of Exchange.

Q6: How can I verify if a notary is legally appointed?

• Check registration number on seal
• Verify 5cm circular seal with required details
• Request ID card or commission certificate
• Visit https://notary.gov.in for official records
• Check Annual Official Gazette

Q7: What is the difference between notarization and apostille?

Notarization - Authentication by notary public under Indian law for domestic/international purposes.

Apostille - Authentication under Hague Convention for documents used in member countries (issued by Ministry of External Affairs).

Q8: Can advocates automatically notarize documents?

No, being an advocate does not automatically authorize notarial acts. Must be specifically appointed as Notary Public under Notaries Act, 1952.

9. Conclusion

Understanding who can legally notarize documents in India is crucial for ensuring document validity. The Notaries Act, 1952 and 2024/2025 amendments provide a comprehensive framework.

The introduction of e-notarization has made notarial functions more accessible, especially for NRIs. The government Notary Portal and court-approved platforms have transformed this essential legal service.

Always engage only with government-appointed notaries holding valid certificates. Verify credentials to avoid legal complications.

Official Contact Information

Notary Cell, Department of Legal Affairs Ministry of Law and Justice, Government of India Email: notarycell-la@nic.in Portal: https://notary.gov.in

10. Official Sources and References

• The Notaries Act, 1952 - India Code
• The Notaries Rules, 1956 - Department of Legal Affairs
• Notaries (Amendment) Rules, 2024 (G.S.R. 132(E))
• Notaries (Amendment) Rules, 2025 (G.S.R. 763(E))
• Official Notary Portal - https://notary.gov.in
• Delhi High Court Judgments on E-Notarization (2025-26)

Disclaimer: This article provides general information about notarial services in India and does not constitute legal advice. For specific legal matters, please consult a qualified legal professional.