Is notarizing documents via courier with digital signatures legal?

I want to buy a car. The seller is saying that he is out of india so I may send the stamp paper to him and he will return it after signing. When I asked about the notary he said that his friend is advocate and he will do the notary, only I will have to keep the courier slips of both sides. He is ready to ink and digitally sign the documents. Is notary is necessary in this case? And notarizing the documents in this way is legal?

3 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 21 Feb 2025

Yes, notarizing documents via courier with digital signatures can be legal, depending on the rules where you are. If the seller's lawyer is allowed to notarize and signs the documents correctly, it should be fine. However, check if your local laws require the notarization to be done in person. Keep all courier slips to show proof of the transaction.

A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 13 Feb 2025

Notarization is not mandatory for a car sale agreement, but it adds legal authenticity. However, notarizing through a third party without the seller’s physical presence before the notary is not legally valid and may be considered fraudulent. A digital signature alone may not be enough unless it is properly executed under the Information Technology Act, 2000. To avoid risks, ensure the seller personally signs the documents or uses a legally recognized e-signing platform with proper verification.

Admin
Advocate By LEAD INDIA Answered: 13 Jan 2025


Sir, the process of notarizing documents through an advocate’s friend is not ideal unless the advocate is officially authorized. For car sale agreements, notarization can ensure authenticity, but it is not always mandatory. To avoid legal complications, it is advisable to consult an expert lawyer who will ensure that the documentation process is valid and secure. For further legal assistance contact us on our helpline number.
 

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