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The idea of getting a certificate from a government office penetrates a fear. You would certainly make several rounds of the Municipal Corporation or the Court to get a certificate. But, the mobbed offices with a huge demand for attestation and bureaucracy delay its process.
What if you get the one from an ordinary photocopy office?
It values zero. None of the government authorities will accept it. Neither does an embassy or a PSK recognise it during authentication. It’s simply because the certificate will be considered invalid, if it doesn’t carry stamp or attestation from the competent authority. That’s why notarization is carried out.
Notarization:
It’s the official fraud deterrent procedure to verify that a document is authentic. Almost all countries have a notary or notary public that witnesses the signing of vital certificates. He verifies the identity of the signatory and his awareness about the content while signing the document.
But still, the notary doesn’t possess equivalent rights as of a magistrate or the registrar/sub-registrar. However, the Section 14 of the Notaries Act, 1952, for example, states the reciprocal recognition of what the foreign notaries do. Simply put, the notary can attest a marriage certificate or degree before the MEA attestation on the degree certificate. The notarized document is considered a seal of authentication from India in many countries.
The Notaries Act, 1952
A Section 14 of the Notaries Act states, “If the Central Government is satisfied that by the law or practice of any country or place outside India, the notarial acts done by Notaries within India are recognized for all or any limited purposes of that country or place, the Central Government may, by notification in the official gazette, declare that the notarial acts lawfully done by notaries within such country or place shall be recognized within India for all purposes or, as the case may be, for such limited purposes as may be specified in the notification.”
Can a notary administer request for an affidavit?
No. He can’t administer this request. The Section 139 of the Civil Procedure Code states that the affidavit can be made by these:
The Code of Civil Procedure, 1908:
- Any Court or Magistrate, or
- Any officer/ other person whom a High Court may appoint
- Any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf
Why Apostille?
Legalisation of documents became a need of the hour at the time of immigration. Several challenges of complexities pose a threat to the foreign immigration departments. So, many countries bonded together to simplify the method of authentication or legalization of documents/certificates. They called it Apostille service that provides the universal recognition.
Presently, 105 countries have become a member of this Hague Convention in 1961. It basically offers attestation of personal certificates/documents, such as birth certificate/NABC/death certificate/ marriage certificate/affidavits/ power of attorney along with the educational certificates, including degree/diploma/matriculation and secondary level certificates etc.
The benefit of this convention is that the apostilled documents by a member country shall be recognized in the other member countries. This is how the process of attestation is simplified in several countries by forming this convention.
Is attestation a process of legalization?
Yes, it’s a process of legalization. The countries exist outside the Hague Convention. The people in the non-member countries also require the verification of documents during immigration. Therefore, the consular offices are set up in various countries to get the certificates attested. Let’s say, an Indian wants to marry with a Filipino girl. He must present a legalized CENOMAR or bachelorhood certificate from India. Since Philippine is not a member country of Hague nations, the applicant has to get that certificate attested from the court and then, the embassy.
