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madhu mittal (director)     18 May 2013

Affidavit without attestation by notary etc

At the time of giving loan to borrower, an affidavit on Rs. 10/- non judicial stamp was taken that he has not got any loan from other bank/financial institution etc., but this affidavit was not signed either in front of Notary /Oath commissioner, In another words, given by only borrower. Whether this affidavit has same evidentiary value as signed in front of Notary/ Oath commissioner, or no value at all?



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 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     18 May 2013

In that case it won't be considered as an AFFIDAVIT.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 May 2013

 

Attestation is the act of bearing witness. It can take a number of different forms in a legal sense. Generally speaking, it refers to an activity in which someone confirms something with a written or oral oath. A simple example of an attestation might be a signature on the bottom of a legal document from a notary public indicating that he or she saw the author write out and sign the document.

In some cases, an attestation is simply a verification that a document was signed in front of witnesses. By signing, the witnesses attest that they saw the document being signed and were aware of the identity of the signatory. They are not, however, attesting to anything in the document itself; the document may be incorrect or improperly filled out, for example, but this is not the responsibility of the people who attested to it.

madhu mittal (director)     18 May 2013

Respected Archnaji and other members also,

O.k., in that case, it won't be considered Affidavit. Can it be considered anything else and if whatever written in it  is proved false, can it be utilised against the person who gave it , please clarify.

Advocate Bhartesh goyal (advocate)     19 May 2013

An affidavit  is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths.Unless otherwise provided by statute, an oath is essential to an affidavit. The statement of the affiant does not become an affidavit unless the proper official administers the oath.

Archnaji is absolutely right,it is mere a statement and not a affidavit in eye of law.

madhu mittal (director)     20 May 2013

 

Respected Sirs and madams,

 

It is simply statement, can a case be filed against the borrower that providing false information on Rs. 10/- non judicial stamp as a false statement, he instigated to give loan, and he has made an offence u/s 420  IPC, as had he not given false statement, he would not have got loan. Please clarify.

Thanks for reply my query.

N.K.Assumi (Advocate)     19 June 2014

Without a Jurat Affidavit is not affidavit. Verification Clause or Jurat at the bottom of the Affidavit is not an empty formality and it can not be taken lightly.

Ajay Kumar (Manager)     01 September 2014

My name in my passport is AJAY KUMAR SINGH. I my educational certificates, my name is printed as AJAY KUMAR. S.   I need to submit an affidavit stating that it is one and the same person and is a variation of the same name. Please can you suggest a format for this?

 

E Drafter   01 August 2016

Dear Ajay Kumar Singh,

You can provide the One and the Same person affidavit stating that both the names belong to the same person. You can have a look of the format of this affidavit here - https://www.edrafter.in/one-and-the-same-person/

Regards,

Team eDrafter

eDrafter.in - Drafts your Document


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