Who Can Legally Notarize Documents in India? Complete 2026 Guide

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.

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• Six-month bar on re-application after a rejected or withdrawn application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

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

1. 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.

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

Professional Documents

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

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)

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:

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

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)

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

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

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

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