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Notary sign only provided .Is it fake ?

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needhelp2013

Junior Member
Hi,
I am from India.My husband is working in Mas in h1 visa.There is a case against him in the family court India.He provided a notarized doc which has only the signature
of the notary.No other identification of the notary provided .Is it valid if the case is in India?Could you please help me?
 


Indiana Filer

Senior Member
In which US state is "India" located? In other words, US law only. We can't give you accurate advice here since we don't know Indian law.
 

cbg

I'm a Northern Girl
If by Mas you mean Massachusetts, I used to be a Massachusetts notary. A notary's seal means that the signer of the document has proven himself or herself, to the satisfaction of the notary, to be the person he or she claims to be. It has nothing whatsoever to do with the legality of the document; nor does it mean that the document is automatically enforceable. If the document is legally binding and enforceable, it's legally binding and enforceable whether it's notarized or not. If it's not legally binding and enforceable, the notary's seal does not make it so.

The notary's signature and seal are sufficient identification.

But that's in Massachusetts. No one here can tell you if the same holds true in an Indian court.
 

latigo

Senior Member
If by Mas you mean Massachusetts, I used to be a Massachusetts notary. A notary's seal means that the signer of the document has proven himself or herself, to the satisfaction of the notary, to be the person he or she claims to be. It has nothing whatsoever to do with the legality of the document; nor does it mean that the document is automatically enforceable. If the document is legally binding and enforceable, it's legally binding and enforceable whether it's notarized or not. If it's not legally binding and enforceable, the notary's seal does not make it so.

The notary's signature and seal are sufficient identification.

But that's in Massachusetts. No one here can tell you if the same holds true in an Indian court.
Under what exception to the hearsay exclusionary rule would such a document - properly notarized or not - be admissible in a court of law? Massachusetts, Indiana or elsewhere?
 

cbg

I'm a Northern Girl
Where did I say it would? I said a notary's seal does NOT automatically make an agreement enforceable. Which it does not. I also said that IF there was some document, somewhere, that was enforceable in and of itself, then it was enforceable whether it was notarized or not. That would be, of course, because notarization does not create enforceabilty.

I did not estimate the odds that any such document would or would not be enforceable in and of itself. Particularly not in an Indian court. That's India, not Indiana. The poster is not in Indiana.
 

latigo

Senior Member
Where did I say it would? I said a notary's seal does NOT automatically make an agreement enforceable. Which it does not. I also said that IF there was some document, somewhere, that was enforceable in and of itself, then it was enforceable whether it was notarized or not. That would be, of course, because notarization does not create enforceabilty.

I did not estimate the odds that any such document would or would not be enforceable in and of itself. Particularly not in an Indian court. That's India, not Indiana. The poster is not in Indiana.
I apologize for posting under you reply. I shouldn’t have. It should have been directed to the OP. The result is that we are jostling oranges and apples.

Your point being whether or not the document, should it contain a relevant agreement, is enforceable unless properly notarized. And mine being that notarized or not it would not be admissible as evidence in the family court case unless it falls within an exception to the hearsay evidence rule.

Sorry for the trouble.
 

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