Is a Notarized Talaknama Valid in India? Essential Legal Guide

The next section enacted that all wills must be executed in the same way as writings affecting kinds they too must he executed before a notary, but an exception was introduced in favour of wills made when no notary was present, in such a case (but in no other case) would a will be valid if ... Confidence was placed in the integrity of notaries 'public; the Legislature enacted that no writing perm....

2025 0 Supreme(Gau) 1272

The Talaq-in-bain in writing was executed before a Notary Public. ... Accordingly, the respondent no. 4 is given liberty to establish that the Talaqnama as executed by him on 21.06.2013 to be valid by initiating appropriate proceedings in accordance with law. ... Whether, if divorce by talak is made arbitrarily, it should be treated as spiritual offence only? ... The respondent no. 4, in support of his s....

2024 Supreme(BD)(SC) 11870

He also sent a copy of the talaknama to the plaintiff and the Mayor of Jashore Municipality. ... 01.07.2013 before the Notary

Whether it was so or not is another question, which must be decided later on. The next question is whether the document was executed as a testamentary document according to law. ... At the trial no specific issue was framed as-to whether the document was executed and attested in accordance with the requirement of Ordinance No. 7 of 1840, but it was contended on appeal that the deed was defective in thi....

2024 Supreme(Online)(CAT) 2185

6.2 The question which remains for consideration is whether the Talaknama submitted by the applicant is adequate for the respondents to consider her case for grant of family pension, or whether a legal divorce certificate issued by competent court is necessary for the purpose. ... In regard to the applicant’s divorce on 03.03.2011, a Talaknama was prepared and notarized by a notary public in presen....

2023 Supreme(SRI)(SC) 20779

However, in that case the question was not whether the deeds the notary executed during that period were valid or invalid but whether the conviction of the notary for failure to renew the certificate at the correct time was right or wrong. That case is of no assistance to resolve the instant issue. ... In any event, as I will explain below, even if the notarial licence has not been exten....

(3) If a Will is rational on the dace of it, and appears to be duly executed, it is presumed, in the absence of evidence to the contrary to be valid. Per Abdus Salam, J. ... Guided by the number of deeds executed before him from 1969 to 1990, it is quite obvious that he had enjoyed a lucrative practice as a Notary Public. ... The respondent invited Court to ascertain as to whether the last Will....

Gauhati

Be that as it may, in the present writ petition, the Court is not called upon to decide whether the talak, given by the husband of the petitioner to the petitioner was valid or not. ... The deed may be executed in the presence of the kazi or of the wife’s father or of the witnesses. The deed is said to be in the customary form if it is properly superscribed and addressed so as to show the name of the writer and the person addressed. ... The....

2022 0 Supreme(Gau) 1361

Be that as it may, in the present writ petition, the Court is not called upon to decide whether the talak, given by the husband of the petitioner to the petitioner was valid or not. ... (2) Talak in writing. - A talaknama may only be the record of the fact of an oral talak, or it may be the deed by which the divorce is effected. The deed may be executed in the presence of the kazi or of the wife's father or of the witness....

2025 Supreme(Online)(Ker) 42950

In Jugraj Singh, the question considered by the Supreme Court was whether the second power of attorney referred to therein, which cured the defect in the first power of attorney, would operate from the date of the first power of attorney, making transaction done during the interregnum valid. ... Section 14 of the Notaries Act is that unless the foreign country where a power of attorney is executed before a notary public i....

2017 0 Supreme(J&K) 971

Exhibit P-42A is a document which purports to be a power to be a power of attorney. Thus, both these requirements stand fulfilled and there is no dispute to this extent. It further purports to have been executed before and authenticated by a notary public. 21. In National and Grindlays Bank v. Radio Electronics Corporation P. Ltd. [1978]

2017 0 Supreme(Guj) 1909

(C) Inviting our attention to the provisions of section 85 of the Indian Evidence Act, 1872, it is contended that the Power of Attorney is presumed to be valid. (D) On reading the plaint as a whole and the contemporaneous evidence in light of the pleadings in the plaint, the plaintiffs had failed to show that there was a fraud and that the entire document, the Power of Attorney was a fraudulent one. Evidence had come on record that the Power of Attorney was executed before, and authe....

2017 0 Supreme(Cal) 339

There is no prescribed or established form of the nature and manner of authentication. In the instant case, the fact that the power of attorney executed and attested by the notary public on the same day shows that the power of attorney was executed before the notary and shall be treated as valid. 61. Section 85 of the Evidence Act, raises a presumption about the execution of a power of attorney provided two conditions are fulfilled. The judgments relied upon by the parties wo....

2006 0 Supreme(Gau) 1087

However, while giving oral evidence the husband, examining himself as DW-1 has deposed that he had pronounced oral talak twice and thereafter executed a talaknama in presence of witnesses. 9. It is the story of the husband that on 04.10.2002 he was suddenly called by his wife to the house of her son-in-law and wanted divorce. Accordingly, a written Talaknama was executed in presence of two witnesses.

1997 0 Supreme(Del) 830

The question is whether any presumption can be raised under Section 114 of the Evidence Act that this Power of Attorney would have been executed by the two Directors only after having been authorised by the two resolutions, copies of which have been produced as Ex. PW2/2 and Public Witness PW2/3. The question is whether any presumption can be raised under Section 114 of the Evidence Act that this Power of Attorney would have been executed by the two Directors only after having been authorised ....