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dr g balakrishnan (advocate/counsel supreme court)     13 May 2012

Notarized affidavits

SELF AGE CERTIFICATION AFFIDAVIT IN THE ABSENCE OF AGE CERTIFICATE IS A LEGAL DOCUMENT AND CAN BE RELIED UPON BY ANY GOVERNMENT AUTHORITY?

ILLUSTRATION:1

AN ILLITERATE YOUNG PERSON DOES NOT HAVE AGE CERTIFICATE BUT JUST REMEMBERS THAT HER PARENTS TOLD HER THAT SHE WAS BORN IN A REMOTE VILLAGE IN JAMMU & KASHMIR STATE. SHE LOOKS FOR JOB TO CARRY ON HER LIVING. THE EMPLOYER ASKS HER AGE AS HE CANNOT HIRE CHILD LABOR, THEN HE ADVICES HER TO GO TO A LAWYER TO MAKE AN AFFIDAVIT OF HER AGE AND TAT AFFIDAVIT GETS NOTARIZED, THEN WHETHER THAT AFFIDAVIT A LEGAL DOCUMENT OF AGE BEFORE ANY AUTHORITY?



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 2 Replies

P.K.Haridasan (Advocate)     13 May 2012

In America in the absence of Birth  certificate , affidavit given by his/or her mother is accepted as a proof. Only mother is allowed.

JANAK RAJ VATSA (ADVOCATE)     16 May 2012

we are basically relying on the self testimony of a child whether true or not. the notary public has no control over the stated age as he only certifies that the deponent has signed in my presence. it it the deponent who says that whatever is stated in the affidavit is true to be best of his knowledge and belief. but this  has a opposite rider of non availability of clearcut evidence of the statements made in the affidavit.  


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