Jammu, Dec 17: The Jammu and Kashmir Government has launched a stern crackdown against Notaries Public across the Union Territory for egregious breaches of notarial laws, particularly in illegally “registering” property documents like sale agreements and State land papers—acts deemed serious professional misconduct warranting potential license cancellations. Official probes reveal Notaries overreaching their authority under the Notaries Act, 1952, by performing functions reserved solely for Registration Act, 1908 authorities, such as treating mere attestations as full-fledged registrations, even without executing parties present.
Notaries’ core role—limited to verifying, attesting, certifying documents, or administering oaths—has been blatantly exceeded, with many creating “unknown to law” instruments that falsely legitimize transactions. Critical issues include notarizing sale agreements (which confer no property rights or title) as if legally binding, and worst, handling State land documents—rendering them void ab initio and exposing public assets to fraud. The Law Department emphasized the settled legal distinction: attestation ≠ registration, underscoring how these practices mislead citizens and erode property transaction safeguards.
In a strong advisory, the Department of Law, Justice and Parliamentary Affairs warned all appointed Notaries to immediately cease such oversteps, confining operations strictly to statutory limits. Violations trigger Rule 13 of Notaries Rules, 1956 inquiries, leading to name removal from the official register and practice bans. This intervention aligns with broader J&K administrative reforms amid security focuses like LG Sinha’s anti-terror vows, urging notaries to prioritize compliance or face “strict disciplinary action including cancellation.
