Serious Violations
Admin | Dec 20, 2025 | 0 Government Issues Stern Warning, Hints at Cancellation of Notarial Registrations:
Jammu, Dec 20:The Jammu and Kashmir Government has taken a firm stance following the emergence of widespread and serious violations of law by Notaries Public in property-related matters across the Union Territory. Official disclosures have revealed that several notaries have been illegally attesting and effectively portraying property documents including agreements to sell, ownership papers, and even documents related to State land as “registered”, thereby misleading the public and undermining statutory provisions.According to observations made by the Department of Law, Justice and Parliamentary Affairs, notaries across Jammu and Kashmir have been found repeatedly overstepping their legally defined authority and performing functions strictly reserved for registering authorities under the Registration Act, 1908. These violations include treating notarised agreements to sell as registered instruments, authenticating property transactions in the absence of executing parties, and notarising documents related to State land actions that are illegal on the face of the law.The Government has categorically clarified that under the Notaries Act, 1952, the role of a notary is strictly limited to verification, authentication, certification, attestation of documents, administration of oaths, and other specifically permitted notarial acts. A notary does not possess the authority to register documents or validate the transfer of immovable property. The distinction between attestation and registration, the Government reiterated, is fundamental, settled, and non-negotiable under law.Despite this clear legal framework, authorities have found that some notaries have been creating and certifying documents in a manner “unknown to law”, giving a false impression of legality to property transactions. Of particular concern is the notarisation of agreements to sell. The Government has underlined that an agreement to sell does not, by itself, create any right, title, or interest in immovable property, and any attempt to project such documents as legally effective amounts to a gross misuse of authority.An even more alarming aspect has been the involvement of certain notaries in notarising documents related to State land. The Government has unequivocally stated that such documents are void ab initio and non-existent in the eyes of law. Their notarisation not only misleads citizens but also facilitates unlawful dealings involving public land.Terming these acts as serious professional misconduct, the Government has noted that such violations attract action under Rule 13 of the Notaries Rules, 1956, read with relevant provisions of the Notaries Act, 1952. The law empowers authorities to initiate inquiries into the conduct of notaries and remove their names from the official register, effectively debarring them from practice.Issuing a clear and stern warning, the Jammu and Kashmir Government has directed all notaries appointed by it to immediately desist from registering or notarising agreements to sell or any document relating to State land, and to strictly operate within the legal limits prescribed under the Notaries Act and Rules. Any deviation, the Government cautioned, will invite strict disciplinary action, including cancellation of notarial registration.
Silent Web of Forged Documents in Poonch: A Disturbing Pattern of Legal Abuse
Beyond the broader Union Territory, the district of Poonch presents a particularly troubling picture. In property disputes, family conflicts, and civil and criminal litigation, a silent yet deeply concerning pattern has been steadily emerging. According to legal observers and court-linked sources, certain elements have allegedly been using notarised but legally deficient or forged documents as tools to initiate cases against innocent individuals.In many such instances, documents like agreements to sell, powers of attorney, affidavits, undertakings, and declarations are notarised in a manner that makes them appear legally sound, despite the fact that they are neither registered nor capable of creating any lawful property rights. These documents are subsequently used as the foundation for civil suits, criminal complaints, and at times even police action.What makes the situation more serious is that the lawful role of a notary remains limited to attestation and authentication not registration or validation of ownership. Yet, multiple cases from Poonch indicate that notarised documents have been deliberately or negligently projected as registered or legally binding, misleading not only the opposing party but also the courts.An equally troubling dimension is the alleged involvement of some members of the legal fraternity. Legal experts point out that in certain cases, advocates have knowingly relied upon such weak or legally untenable documents in judicial proceedings. This results in prolonged hearings, interim orders, and avoidable litigation, placing an additional burden on an already stretched judicial system.Affected individuals recount years of litigation, mounting legal expenses, travel costs, and psychological distress, only to later discover that the very foundation of the case against them rested on a notarised document devoid of legal standing. In the process, not only are innocent lives disrupted, but valuable judicial time and public resources are squandered.Legal analysts describe this phenomenon as a form of systemic abuse, arising from a combination of misinterpretation of notarial authority, lack of legal awareness among citizens, and deliberate misuse by vested interests. In the wake of the Government’s recent warning and proposed strict action against notarial violations, there is growing expectation that such practices in sensitive districts like Poonch will also come under close scrutiny.Legal circles have called for concrete corrective measures, including:Regular audit and monitoring of notarial practices,Strict action against those filing cases based on forged or legally invalid documents, and Professional accountability for any advocate or notary found acting with mala fide intent.Experts warn that failure to curb this trend in time could seriously erode public confidence in the justice delivery system, blurring the line between lawful documentation and manufactured disputes. The need of the hour in Poonch, they stress, is to restore the sanctity of law, confine the role of notaries to its lawful boundaries, and free the courts from the burden of litigation rooted in paper manipulation rather than genuine legal rights.
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