The High Court of Kerala, in Margret @Thankam v. Joseph Mathew Chettupuzha [2025: KER:56880], has clarified the conditions under which Indian courts can recognize documents notarized in a foreign country.
The Requirement of Reciprocity under the Notaries Act
The High Court observed that a document, such as a Power of Attorney, notarized by a foreign Notary Public is recognizable in India only if a reciprocal arrangement exists.
Such a reciprocal arrangement requires a specific notification by the Government of India under Section 14 of the Notaries Act, 1952, declaring that the notarial acts of such a foreign country will be recognized in India.
Presumptions for Recognized Documents
Once this condition of reciprocity is met, an Indian court can take judicial notice of the Seal of a Notary Public from a recognized country under Section 57(6), the Indian Evidence Act, 1872
Similarly, the court can recognise that the document is presumed to have been genuinely executed and authenticated, under Section 85 the Indian Evidence Act, 1872.
Conclusion
Without such a reciprocal relationship and the required government notification, Indian courts cannot recognize documents notarized by foreign notaries, and these evidentiary presumptions will not apply.
