requirements of affidavit
mahendrakumar
(Querist) 05 February 2010
This query is : Resolved
a) Please define legal meaning of affidavit?
b)Is an affidavit required to be submitted at the time of filing any types of cases at all courts?
c) Is there any exemption to (b)?
d) what is the difference between a "declaration" and an "affidavit"?
No quick be answers please,deviating from the main queries please.
Raj Kumar Makkad
(Expert) 05 February 2010
a. A written affirmation on legal document duly attested by competent authority is an affidavit,
b). Yes.
c). No.
d). a declaration may be on simple paper and may not be attested by competent authority whereas the affidavit is entirely opposite to it. An affidavit contains declaration but a declaration may not be an affidavit.
A V Vishal
(Expert) 05 February 2010
a) Please define legal meaning of affidavit?
An Affidavit is a declaration of certain facts made in writing by a person. It can be a statement, or a declaration on oath. It can also be an affirmation before a person having the authority to administer the oath, such as a notary Affidavits are essential for almost all transactions with legal consequences. Very often you will be required to file an affidavit either in a court or before other authorities or tribunals to legally prove certain facts.
b)Is an affidavit required to be submitted at the time of filing any types of cases at all courts?
Yes
c) Is there any exemption to (b)?
No
On the other hand a declaration is an unsworn statement that can be admitted in evidence in a legal transaction
Sachin Bhatia
(Expert) 05 February 2010
1) A statement written and sworn to in the presence of someone authorized to administer an oath, such as a notary public.
2) Yes an affidavit required to be submitted at the time of filing any types of cases at all courts.
3) No there is no exemption.
Sachin Bhatia
(Expert) 05 February 2010
An affidavit, has written statements that is really true and is sworn in front of legal testifying authority. It contains the written facts of certain events as the author recalls them into memory. Conversely, a statutory declaration is just an affirmed statement by its author or declarant. The claims or statements asserted are merely believed to be true.
Affidavits are duly signed by its authors. It is declared to be authentic with the help of affixing the author's signature as he or she is being witnessed by a notary public also known as a commissioner of oaths. This move will verify the truth of the claims in the affidavit and subjects the author of such to perjury charges incase it will be discovered to contain deliberate fallacies. On the other hand, the statutory declaration still needs to be signed by its author in front of any qualified witness like a legal counsel or a Justice of the Peace.
An affidavit is almost always required during court sessions and proceedings. For example in family-related matters of the law, affidavits are most likely used as one of the evidence in the hearings. It can also be used as written evidence from a witness who will not be able to appear before court due to question of personal safety or intentional barring of their identities for other special reasons. If someone wants to have a voter's registration, an affidavit can also be used for such a purpose.
N.K.Assumi
(Expert) 05 February 2010
Affidavit
DEFINITION
A statement written and sworn to in the presence of someone authorized to administer an Oath, such as a notary public.
mahendrakumar
(Querist) 05 February 2010
thanks for the genuine replies.
However,I feel an affidavit notarised or signed before an authority is not a must in consumer courts at all states like kerala.
A V Vishal
(Expert) 05 February 2010
Under the consumer act, the notarization of affidavit is mandatory.
Kumar Thadhani
(Expert) 06 February 2010
I agree with the replies of experts Mr vishal andexpert Mr Bhatia.
