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Ganesh Kumar (Software Developer)     29 October 2010

Revocation of affidavit

Dear Sir,

My brother has executed an affidavit having a promisory clause to a person for future performance . Affidavit was executed before a notary public.

Please advise whether it can be revoked. If so what is the procedure.

Yours faithfully,

Ganesh.



Learning

 5 Replies

R.Ramachandran (Advocate)     29 October 2010

Normally affidavits are submitted only to the Courts and not to any private person.  As such I am not clear as to what you are talking about is a promissory note or what else.  If you do not mind, remove the name of the persons and their addresses and paste the contents of the documents, so that we can study the same and try to answer.

VIRENDRA LACHHMAN KUKREJA (LAW OFFICER/ MANAGER-LEGAL)     30 October 2010

As such affidavit affirmed and attested before a notary public can't be revoked. Your brother has only one defence in case he doesn't fulfill his promise, that, he signed the affidavit under force, coercion, undue influence etc.

R.Ramachandran (Advocate)     30 October 2010

I wonder why Mr. Ganesh is not responding.

Dear Mr. Virendra, even though he may as a last resort claim that he was under force, coercion, undue influence etc., whether the Court will believe.  Would he not be asked whether he lodged any police complaint about the force, coercion etc.?  What answer he will have then?
 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 October 2010

Mr.Ganesh,

Rule  3 provides that the affidavit shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted.

akash (computer editer)     04 November 2010

this is not question


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