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Sycorax Juris   29 November 2017

Confusion in affidavit in india.

Confusion, as various authorities in India differs in administering oath in affidavit.Some Universitiy order that oath in affidavit, ilike scholarship to be administered by District Collector/Deputy Commissioner etc, and First Class Judicial Magistrate only not Notary. Indian Army require oath to be adminiatered only by Judicial Magistrate. In writ petition whether affidavit can be signed by Notary. Please claify this confusion regarding oath in affidavit, and whether under the Succession Act of 1925, Succession Certificate can be issued by District Collector/Deputy Commissioner etc..



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 2 Replies

N.K.Assumi (Advocate)     29 November 2017

There is no Confusion except misuse of Laws only. Affidavits are administered on oath in accordance with laws, and false statements or affirmations are liable for penalty under section 191, 193 and 199 IPC as perjury. Different authorities administered oaths as provided by laws i.e. Oaths Commissioner, Magistrate, Notary, Courts, Army Commanding Officer etc, can administered oath according to the subject matter for which affidavit is executed, as per laws only and not otherwise, and no one can insist on administering oath as per their sweet will. Courts, Magistrate and Oath Commissioner can administer oath in affidavit "only in course of their official duty" like section 145 CrPc, and in sessin of the Judicial proceedings before it, and no other affidavit. Notary can administer oath as per Notaries Act only, and not for the purpose of affidavit in writs court, which is govern by writ rules validly framed by the High Court. District Judge in Succession Act means Judge of the District Principal Civil Court and not District Collector/Deputy Commissioner etc, which is unknown to law.

Sycorax Juris   29 November 2017

Thank you very much.


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