**Notarization of a family agreement adds an additional layer of authenticity, yet it typically does not provide the same legal enforceability as registration, particularly in the context of immovable property in India.

Role of a Notary Public

The primary function of a Notary Public in a family agreement is to attest the document. This procedure includes:

Identity Verification: The notary verifies the identities of the family members who are signing the agreement.

• Voluntary Signing: The notary ensures that the parties are signing the document of their own free will and comprehend the contents of what they are signing.
• Affixing Seal: The notary places their official seal, stamp, and signature on the document, indicating that it was executed in their presence on a specified date.
• Importantly, notarization serves only as proof of execution, not as proof of legal title or validity.

Notarization vs. Registration

The distinction is considerable, especially concerning immovable property, due to the stipulations of the Registration Act, 1908:

• Registration (conducted at the Sub-Registrar’s Office) is mandatory if the agreement (referred to as a Partition Deed) creates, declares, assigns, limits, or extinguishes rights in immovable property for the first time. Registration renders the document legally enforceable and admissible as primary evidence in court, and it necessitates the payment of stamp duty.
• Notarization (performed by a Notary Public) represents a lower tier of authentication. It functions solely as evidence of the signatures and the date of signing. A notarized document that requires registration (such as a Partition Deed) is deemed **invalid for the transfer of legal title** of immovable property.

When Notarization is Employed

Notarization is generally utilized in two scenarios:

• Memorandum of Family Settlement (MOFS): If the agreement simply documents the terms of a previous, verbal, and executed family arrangement, it is typically not required to be registered (as supported by various Supreme Court decisions). In this particular instance, notarization is frequently performed as a precautionary measure and for authentication purposes.
• General Authentication: For documents that do not pertain to the creation or transfer of rights in immovable property, notarization provides an additional layer of formal authentication and facilitates the document’s use for administrative functions.
• For conclusive legal acknowledgment and the transfer of title to immovable property, such as for the purpose of updating land records, registration is the essential procedure, rather than merely notarization.