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CIVIL LIABILITY OF THE SPECIAL NOTARY 349. Liability to disciplinary proceedings.— (1) A Special Notary is liable to disciplinary proceedings:- (i) when he loses or destroys any books, registers or documents of his office or willfully allows them to be lost or destroyed; (ii) when he refuses to perform his functions at the right time without just cause; (iii) where his act is declared false and he is responsible for the falsification; (iv) when he issues certified copy which is not as per the originals; (v) when his act is declared void by a court on the ground of lack of jurisdiction of the Special Notary; (vi) when his act is declared void by a court on the account of incapacity of the parties or their attorneys or representatives, and if he had knowledge of their incapacity at the time the act was performed; (vii) when his act is declared void by a court for lack of competence of the witnesses and he had knowledge of such fact at the time the act was done; (viii) when his act is declared void for non-compliance with formal requirement, on grounds other than the lack of competence of witnesses; (ix) when his act is declared void on account of coercion, and if he had knowledge of the coercion at the time the act was performed or he was a party to the coercion; (x) when his act is declared void on the ground that he has intentionally induced a party into a mistake. (2) The Special Notary shall be liable to disciplinary proceedings for any act done in the discharge of his duties in cases not covered in sub- section (1), when the liability arises from a criminal proceeding. 350. Insufficiency of stamp.— No document or instrument including a will drawn by the Special Notary shall be invalidated on the ground that it is not duly stamped or that it is insufficiently stamped. 351. Discretion to state the provision and accept a draft.— (1) It is open to the Special Notary while drawing an act, to make mention of the legal provision under which the act is done if the parties plead that such mention would better clarify their intention (2) It is open to the parties to submit to the Special Notary the proposed draft of the deed which they want the Notary to draw. The Notary shall draw the act in the manner shown in the proposed draft if he is satisfied that it conveys better the intention of the parties. The said draft, after being initialed by the Notary, shall be returned to the party who gave it, unless the party desires that the same may be kept on record. Whenever such draft is kept on record, it shall be initialed by all parties who know and can initial it.
CHAPTER XXX CERTIFIED COPIES 352. Who may apply.— Any person may apply for certified copies of the wills, entries in the registers, instruments and documents recorded in the office of the Special Notary. However, during the lifetime of the testator, certified copies of public wills, deeds of revocation of wills, records of deposit of closed wills, records of approval of closed wills, record of open printed wills shall be issued only on the application of the testator himself or by his attorney with special powers. After the death of the testator, such certified copies shall be issued to any person upon production of the death certificate of the testator and an endorsement to that effect shall be made in the margin of the page where the records or will are written, unless such endorsement has already been made. 353. To whom certified copy may be delivered.— A certified copy obtained under the section 352 shall be delivered to the applicant, either in person or to his duly authorized agent. 354. Time limit to issue certified copies.— The Special Notary shall issue the certified copies, within a period of ten days, on payment of the prescribed fees. When an urgent certified copy is applied for, it shall be issued upon payment of such extra fees as may be prescribed, within two days. 355. When a reference is made to other documents in the main instrument.— When in any instruments drawn up by the Special Notary, a mention is made to a power of attorney or to a deed delegating powers or to any other document which is on record, certified copy of such document shall be issued along with the certified copy of the main instrument drawn up by the Special Notary. 356. When a reference is made to a drawing or plan in the main instrument.— A certified copy of a deed or instrument, in which a reference is made to a drawing or a plan which is on record, shall be accompanied by a certified copy of such drawing or plan. For this purpose, the Special Notary shall appoint an expert to prepare a copy thereof and the Special Notary shall issue the certified copy only after comparing it with the original. The fees payable to the expert shall be borne by the party applying for the certified copy, and such fees shall be fixed by the Special Notary. 357. Manner in which certified copy is to be issued.— (1) No certified copy shall be issued by the Special Notary leaving any blanks or containing any abbreviations or figures and all pages shall be numbered serially. (2) The date on which and the place at which the certified copy is issued shall be recorded therein.
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LEGISLATIVE ASSEMBLY OF THE STATE O
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ACCEPTANCE AND RENUNCIATION OF THE
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CHAPTER IX PREFERENTIAL RIGHT OF TH
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Section 161. Manner and place of de
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Section 239. Failure to present the
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BOOKS, INDICES AND FIRE PROOF BOXES
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CIVIL LIABILITY OF THE SPECIAL NOTA
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Section 401. When co-heirs are call
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Section 456. Fixation of the amount
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(f) “estate leaver” means the p
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5. Types of successors: Heirs and l
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(3) Upon conviction as provided in
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26. Acceptance or renunciation by o
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(c) more than half of the inheritan
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(2) Where the usufruct is in respec
Page 31 and 32: 63. Right of representation.—The
Page 33 and 34: spouse irrespective of their matrim
Page 35 and 36: (2) The value of the gifted assets
Page 37 and 38: inheritance, the excess shall be re
Page 39 and 40: legatees, unless the testator has i
Page 41 and 42: 128. Brothers or sisters generally
Page 43 and 44: (2) If a debt is to fall due only a
Page 45 and 46: 159. Legacy of periodic sums.— Wh
Page 47 and 48: 174. Right to legacy.— The legate
Page 49 and 50: 189. Disinheritance. —The forced
Page 51 and 52: (2) The intestate heir forfeits his
Page 53 and 54: 219. Restrictions on disposition of
Page 55 and 56: has agreed with the person who is i
Page 57 and 58: (c) the other heirs, who are not -u
Page 59 and 60: 262. Where the executor declines to
Page 61 and 62: (2) However, it shall always be law
Page 63 and 64: 286. Sham sale.— (1) A sale, whet
Page 65 and 66: SPECIAL NOTARIES CHAPTER XVI ESTABL
Page 67 and 68: 308. Obligation of the State to pro
Page 69 and 70: (2) All copies given under this sec
Page 71 and 72: 323. Who may be witnesses identifie
Page 73 and 74: affixed and in the absence of the r
Page 75 and 76: (3) The record to be made by the Sp
Page 77 and 78: 337. Delivery of the closed will.
Page 79 and 80: interested party shall also declare
Page 81: of the testator can be gathered fro
Page 85 and 86: shall be punishable with imprisonme
Page 87 and 88: (3) Where, after allotment or after
Page 89 and 90: epresentative of the person under d
Page 91 and 92: (c) The head of the family shall be
Page 93 and 94: (2)Copies of the list of assets and
Page 95 and 96: (2) The court shall, after recordin
Page 97 and 98: 397. Sale of share in the undivided
Page 99 and 100: (3) Where an objection has been rai
Page 101 and 102: (3) Where the respective creditor w
Page 103 and 104: (2) The members of the family counc
Page 105 and 106: (4) Where the debts have been appro
Page 107 and 108: present. If none of the above condi
Page 109 and 110: 434. Procedure for second valuation
Page 111 and 112: 438. Preliminary chart.— (1) Wher
Page 113 and 114: duty is produced. The order confirm
Page 115 and 116: (b) When a new document is produced
Page 117 and 118: 454. Cause Title.— (1) The cause
Page 119 and 120: Statement of Objects and Reasons Th
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