Difference b/w affidavit on stamp paper and on plane paper


Respercted members,

I have the following doubts about affidavit :-

1. Is there any difference between an affidivit signed by notary and oath commissioner .

2. Does an affidivit compulsoraly have to be on stamp paper ( why in courts its accepted on plane papers?)

Thank You

 
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Advocate

Affidavit on stamp papers are on "Non Judicial Stamp Paper" meaning thereby not a court judicial duty, which are ADMINISTERED on oath before a Notary appointed by the State Governmentare, and stamp duty are paid as per stamp act . The second category of  affidavits which are administered on oath before oath commissioner, who are appointed by the High Court, and it is written on plain paper and are judicial function and stamp duty are exempted by the stamp act, and if duty is imposed for stamp duty in affidavits to be used in the court in judicial functions adhesive court fees are paid. 

 
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Can a non judicial stamp paper be attested by an oath commissioner also? i want to avoid the hefty commission we pay to the notary people.
 
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Advocate

No, it should be Notary.  there is table of fees to be paid to Notary, and if notary demand unreasonable fees, report to the State Government, for taking necessary action against the Notary.

 
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