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Tarun Das   20 January 2016

Do i need an advocate for an affidavit?

Do I need an advocate for an affidavite or I can do it myself in the court of law?

Thanks in advance.



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 January 2016

advocate is needed.

Suneet Gupta (www.vashiadvocates.com)     20 January 2016

If an Affidavit is being filed in a Court of Law then you can approach the Court Superintendent / Registrar to verify and attest your Affidavit, as the Court Superintendent / Registrar is authorized and required to attest such Affidavits. You will need to prove your identity to the Court Superintendent, and they usually ask for an Advocate's signature for the same.

However, if you are carrying a valid ID Proof, such as Aadhaar/ PAN card or Passport, then you can ask them to verify your identity from the ID proof and tell them you have no lawyer. This is rare and so you might have to argue a bit or even approach the Judge for the verification. Therefore, it is usually required but not essential to have an Advocate for a Court Affidavit.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 January 2016

If you are competent, you can fight your own case in any court of law and no advocate is needed. You can also prepare and sign your own affidavits. In fact always you have yourself to verify that your statements are true to the best of your knowledge and belief.

cyberlawyer (barrister)     24 January 2016

@ Suneet Gupta - 

Sir, if the party is able to obtain attestation by an advocate, then why should he approach the superintendent / registrar to obtain attestation?.

If assuming that the party has no advocate or no advocate is ready to attest the affidavit, then he may approach the superintendent/ registrar to obtain attestation but in such case registrar or the superintendent has no reason to ask for attestation from an advocate as the party has approached the superintendent/registrar only due to the inability of the party to obtain attestation from an advocate. 

Correct me if i am wrong

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 January 2016

Attestation means authentication of documents. Courts recognise attestation by certain posts and certain authorities. As it is not essential to engage a lawyer, the registrar is already there and he can be requested to attest. Providing proof of identity is not a problem. I would believe that if an advocate is to attest he will do it only if he is engaged. But the litigant doesn't want a lawyer to argue his case.

The question of Mr. Tarun Das is "Do I need an advocate". The answer is a plain and simple 'No'.

Suneet Gupta (www.vashiadvocates.com)     25 January 2016

@ Cyberlawyer - An advocate is not the authorized person to attest documents. Attestation of Affidavits to be submitted in a Court of Law can be by a Notary Public or by the Court Registrar / Court Superintendent.

Any person who attests a document (Notary or Registrar) will want proof of identity of the Affidavit signatory. Usually in a Court, the Advocate for the Signatory signs that he identifies the Signatory. Alternatively, if you do not engage an Advocate, you can offer proof of identity to the Court Registrar / Superintendent, i.e. PAN Card, Aadhaar, etc.

Please note a Lawyer of Advocate cannot attest documents, only authorized persons, e.g. Notary, Gazetted Officer (for photocopies, etc.)

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 January 2016

What Adv. Suneet Gupta says is right. I have argued my own case before Consumer Forums and the State Consumer Commission. I have filed affidavits. I have personally appeared before the courts to argue my cases. I was never asked to get my affidavits attested.

We have filed affidavits for our Society before civil courts. The Society used to engage a lawyer. The vakalatnama given to the lawyer also used to be filed. The affidavit will be signed by  the Secretary under orders of the Managing Committee. The lawyer will sign below as lawyer engaged by the Society. It was not an attestation. 

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