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Section 324: Requisites of authentic documents

The Goa Succession, Special Notaries and Inventory Proceeding Act, 2012State Act of Goa · Act 23 of 2016

(1) The requisites of the authentic documents are as follows:—

(i) the hour, date, month, year and the place where the document was drawn or signed when drawn outside the office and the statement that the Special Notary went there at the express request of the party;

(ii) full name of the Special Notary, his designation as such Special Notary, and the address of his office;

iii) full names, age, marital status, professions and addresses of the parties, and of their attorney or representatives, if the latter intervened directly in the deed;

(iv) a reference to the powers of attorney and other documents which prove they are attorneys or representatives, so also other documents relating to the acts or which are part and parcel of the latter, with the dates and other details which identify them. 16[ The Power of attorney executed abroad except where a certificate called an Apostille has been issued thereto, shall be countersigned by the Indian Diplomatic Agent or the Consular services and shall be duly stamped by the competent Collector in Goa];

(v) the acknowledgement of the identity of the parties from his personal knowledge or from the statement of the identifiers who know them;

(vi) reference of the oath taken by the interpreters and the reasons which required their intervention and the manner in which the interpreters ascertained the wishes of the parties and ---51--- explained to them the contents of the documents;

(vii) full names, age, status, professions and address of the witnesses, interpreters and identifiers and also of the persons who read the documents at the request of the parties;

(viii) the statement of the party that he does not know to sign or cannot sign;

(ix) reference to the fact that the Special Notary has read aloud the document to the parties in the simultaneous presence of the parties, the witnesses and other persons who have intervened and of the reading by the interpreter or by any of the parties or any other person at their request, when compulsory;

(x) the errata memo describing the corrections, interlineations, alterations, words struck through or if any erasures before the signatures of parties, witnesses and Special Notary;

(xi) signatures of the parties at the end of the text when they know or can sign and of the witnesses and other persons who have intervened;

(xii) signature of the Special Notary which shall be made at the end of the document;

(xiii) the value of the notarial stamp affixed shall be mentioned in the instrument;

(xiv) the instrument shall be recorded in the language of the court. Where the party does not know such language, the page where the instrument is written shall be divided into two columns and in left column the instrument shall be recorded in the language of the court and in the right in the language known to the party. The translator shall intervene in the instrument and shall solemnly declare that the translation is true and correct. The instrument shall be recorded continuously, without any blank space or blank line.

(2) The originals of powers of attorney given by the parties to the attorneys for intervening in a Notarial act have to be produced before the Special Notary who shall place them 17[or certified copy thereof] on record in his office.

Where this provision sits

ActThe Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
Section324
Marginal noteRequisites of authentic documents
JurisdictionState of Goa
StatusIn force as published by the source

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