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Discussion > Legal Documents > Others > query on notarized affidavits   Unanswered Threads Post New Topic

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There are 9 Replies to this message


Manjusha


lawyer
[ Scorecard : 10]
Posted On 15 June 2010 at 12:06 Report Abuse

An authorized for notrary attest the affidavit for signature or particulars of facts?

Can the date and sign of the deponent and Notarized date on the affidavit can be different dates? i.e., for Eg: the affidavit is dated and signed by the deponent on 11th march on 12th april the notairzed done. is this a valid affidavit and notarization ?   



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N.K.Assumi


Advocate
[ Scorecard : 22172]
Posted On 15 June 2010 at 12:30 Report Abuse

Yes, valid. Simply because of the fact that  the date differs does not in my opinion can rendered the Notarization invalid, provided the Notary knows the identity of the Deponent. Consider this, the deponent signed  and present his affidavit to Notary on Saturday who was not in the Office and on monday he present the same for notarization. The Notary notarized the document with monday as the date. Can this be invalid? simply because the date differs? 



VENKATRAMAN SHRINIVAS


Tax Law consultant
[ Scorecard : 120]
Posted On 15 June 2010 at 13:10 Report Abuse

In my view both the signature of the deponent as also the notarization should be on the same day. Even admitting that the notary knows the deponent, the signing of the instrument is material as he testifies not only to the signature as also to the contents tacitly. In otherwords the veracity of the instrument itself is fortified only by simultaneous action. Such a situation wuld arise if only the instrument in quesdtion is disputed/challenged.



SRIKANTH MYLAVARAPU


SENIOR OFFICER (LEGAL)
[ Scorecard : 457]
Posted On 15 June 2010 at 15:40 Report Abuse

manjusha,

that affidavit is not at all a valid one its an voidable affidavit

if any one challenged that affidavit then it will be an void afffidavit

merly because of  only one simple reason i.e.., in the last para of an affidavit it clearly says solemnly affiramed and signed before me on ths .....day ........year

it clearly says that infront of the notary the deponent signed the affidavit and evidencing the fact th notary will subscribe his signature.

if notay signed on diffeent dates the bar council will take action aganist him this is an crime



Manjusha


lawyer
[ Scorecard : 10]
Posted On 15 June 2010 at 15:49 Report Abuse

Mr. Srikanth

 

My question is this

My affidavit was signed and dated on a date. on the next date or in the next month i preferred to to get the notarized. the affidavit was notriazed in the next month. can this notarized will be valid under law. if yes or no why?

what do you mean by attestation under Notary? 



SRIKANTH MYLAVARAPU


SENIOR OFFICER (LEGAL)
[ Scorecard : 457]
Posted On 16 June 2010 at 11:49 Report Abuse

manjusha ji,

thats what i said ur affidavit is not at all valid one.affidavit means a sworn statment.you are doing oath before the notary and state you contents in the affidavit  and sign before the otary then the notary will sign immediatly .

let me say the practical problem

X signed  an affidavit on 1/1/2010 that affidavit was notarized on 1/2/2010.in the mean while X met with an accident  and expired on 31/01/2010.now that affidavit was came in to a  dispute.now tell me is this afidavit though signed by the deponent of the affidavit is it is valid.

absolutely not thats why the date of sign ad the date of notarized sigh must be the one and the same

unless dispute thee will be no problem with the affidavit if any dispute arises deponent has to face the consequences

there is a difference between notary and the attestor

attestor has an limited scope but the notary has wider scope

attestor can only identify the person or an document and attest on it as an true copy.

govt.employers(as per gazzeted publication) can attest the document

but only in court affidavits advocate has an power to attest  on affidavits

where as notary was appointed by govt.and (as per GO)deligate powers to him

where ever the notary has to sign on pvt.affidavits he not only sign on the afffidavit but also he will affix notary stamps.notary has also power to attest al kind of documents as the attestation officers have



N.K.Assumi


Advocate
[ Scorecard : 22172]
Posted On 16 June 2010 at 16:59 Report Abuse

As per the Notaries Act and Notaries Rules, Notary maintained Register in which all Notarization are entered serially with dates and months and the year, in which entries the Notary can not go back or go forward while Notarizing any documents or his paper works; but to conform to the serial number and dates etc according to his Register. As far as misconduct of the Notary is concerned, it is as per the Notary Act and Rules that is the appropriate Government eg; Central or State Government. Yes, as far as possible as pointed out by the members the date should be on the same date but I dont think it will invalidate the notarization simply because of the facts that the date in the Notary register differs from the date entered by the affiant.



N RAMESH.


Advocate, Chennai., Formerly Civil Judge., Mobile.09444261613
[ Scorecard : 1801]
Posted On 17 June 2010 at 08:58 Report Abuse

// My affidavit was signed and dated on a date. on the next date or in the next month i preferred to to get the notarized. the affidavit was notriazed in the next month. can this notarized will be valid under law. if yes or no why? what do you mean by attestation under Notary? //

You have sworned an affidavit on a particular date, say 1.5.2010.

You produce the same before a notary on 1.6.2010 and got it notarised on 1.6.2010.

Attestation under notary is nothing but certifying that you have signed the document. The certificate has been obtained on 1.6.2010. No other value or sanctity is attached to the document.

Notarisation has no relevance to validity of an affidavit. Its only mere attestation. 

I agree with N.K.Assumi. 

 



SRIKANTH MYLAVARAPU


SENIOR OFFICER (LEGAL)
[ Scorecard : 457]
Posted On 17 June 2010 at 11:25 Report Abuse

sir,

as per my view its an voidable affidavit

if any dispute arises on that affidavit the deponent of the affidavit has a burden to prove its contents

even at trial we only put the question at the time of cross examination about date variation.



Vijay Kumar


Advocate
[ Scorecard : 1128]
Posted On 30 June 2010 at 22:08 Report Abuse

A & B execute a document say agreement on 1 june 2010. If they feel the need, they may present it to the concerned authority for registration on any subsequent date; and it shall be valid.




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