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Is a notary not signed by legal holder valid?


11-May-2023 (In Property Law)
whether a notary family settlement prepared and signed relative and others and no signature by the actual title holder of the property has put there on so called notary paper and xerox copy of said document submitted with a proforma of nagar palika for the transfer of said property in nagar palika records. Interestingly the true type title holder was in gov serves and property in question was purchased and constructed house with banks lone and title deeds was kept under equitable mortgage with bank for due repayment banks lone. During the currency of the lone and mortgage of the property it was fraudulently transferred in fever of person as per notary paper. under the above circumstances i seek your legal advice 1. whether notary xerox copy not signed by the true title holder is legally valid document submitted before nagar palika pareshad 2. whether this acets by the nagar palika vice
Answers (1)

Answer #1
533 votes
No the said act is not legal. Also, the owner of the said property can file a declaration suit in the jurisdictional civil court. The signatures of the title holder are required for any transfer of the said property which he/she owns.

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