By Notary

The Sub-Registrar is responsible for ensuring legal validity and establishing a public record.

Notarized vs. Registered Documents

The distinctions between notarization and registration can be outlined as follows:

Aspect

Notarization

Registration

Authority

Notary Public

Government agency (Sub-Registrar’s Office)

Purpose

Confirm identity and readiness to sign; prevents fraud. Does not authenticate content.

Establish a public record that is legally binding; officially conveys rights (pertaining to property).

Legal Effect

Restricted evidential significance

Legally valid and acceptable as primary evidence

Use Cases

Affidavits, non-property powers of attorney, and short-term rentals

Real estate transactions (sale agreements, long-term leases)

Cost

Fixed nominal fee

Substantially greater (inclusive of stamp duty and fees)

The significance of selecting the appropriate procedure Notarization suffices for documents such as affidavits or declarations to verify signatures and prevent fraud. Nevertheless, registration is necessary for major transactions, especially those related to immovable property, in accordance with statutes like the Indian Registration Act of 1908.

  • A property transfer agreement that has been notarized is legally void without registration.
  • Registration establishes a governmental record, enabling the issuance of certified copies in the event that the original is misplaced.
  • Documents that are registered hold legal precedence over those that are unregistered in cases of disputes.