What is the validity of a notary affidavit in India

110 votes

In India, the validity period of an affidavit after notarization depends on the purpose and content of the affidavit.

According to the Indian Notaries Act, 1952, there is no specific time limit for the validity of an affidavit. However, the validity of the affidavit may be questioned if there is a significant change in the circumstances or facts stated in the affidavit. In such cases, it is advisable to get a fresh affidavit executed and notarized.

It is also important to note that some authorities or organizations may have their own rules regarding the validity of affidavits. For instance, some government departments may require affidavits to be notarized within a certain period before they can be considered valid. Therefore, it is always advisable to check the specific requirements of the concerned authority or organization before submitting an affidavit.

LawRato LawRato

810 votes

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. The name is Medieval Latin for “he/she has declared upon oath.”

An affidavit is a type of verified statement or showing, or in other words, it contains a verification, meaning it is under oath or penalty of perjury, and this serves as evidence to its veracity and is required for court proceedings. It is done with the help of court, with a stamp paper. Affidavits may be written in the first or third person, depending on who drafted the document. If in the first person, the document's component parts are typically as follows:

A commencement which identifies the "affiant of truth", generally stating that everything in it is true, under penalty of perjury, fine, or imprisonment
An attestation clause, usually at the end certifying the affiant made oath and the date
Signatures of the author and witness
Validity can be of two kinds -
a). Authenticity - Validity as to the authenticity and veracity of the contents of the affidavit; and
b). Time - Validity as to the duration of the affidavit (does it ever expire?)

Since the question is ambiguous – both the versions will be attempted to be explained.

a). Authenticity -
In addition to the definition above, if an affidavit is notarized or authenticated, it will also include a caption with a venue and title in reference to judicial proceedings. In some cases, an introductory clause, called a preamble, is added attesting that the affiant personally appeared before the authenticating authority.

In Indian law, although an affidavit may be taken as proof of the facts stated therein, the Courts have no jurisdiction to admit evidence by way of affidavit. Affidavit is treated as "evidence" within the meaning of Section 3 of the Evidence Act. However, it was held by the Supreme Court that an affidavit can be used as evidence only if the Court so orders for sufficient reasons, namely, the right of the opposite party to have the deponent produced for cross-examination (Khandesh Spg & Wvg Mills CO. Ltd. Vs Rashtriya Girni Kamgar Sangh, citation 1960 AIR571, 1960 SCR(2) 841). Therefore, an affidavit cannot ordinarily be used as evidence in absence of a specific order of the Court.

Validity of an Affidavit:
K. Chandrasekharan vs C. Sasidharan Pillai And Ors. on 29 January, 1993:
The consensus of judicial authorities has established these rules governing the validity of affidavits.
Firstly where statements in an affidavit are based on information, the source or sources of such information must be stated.
Secondly it is not enough to state the source or sources of such information, but particulars of such source or sources must be stated. For instance if certain information is based on documents, the documents must be revealed. If it is based on what is learnt from others, the names must be stated. It is only then that the commission/court/Authority can verify the information from the disclosed sources.
Thirdly, it is not enough to state that the deponent believes the statements to be true. He must disclose the grounds on which his belief is founded.

(A.K.K. Nambiar v. Union of India, AIR 1970 SC 652; Azhar Hussain v. Rajiv Gandhii AIR 1986 SC 1253; Sukhwinder Pal Bipin Kumar v. State of Punjab, AIR 1982 SC 65; Padmabati Dasi v. Rasik Lal Dhar, (1910)ILR 37 Cal 259).

Rule 52 of the Rules of Civil Practice read with form No. 17, is a manifestation of the above statements of law. That is why form No. 17 provides separate clauses to enable introduction of paragraph numbers for separate sources of information. It follows that an affidavit which does not state the sources of information separately if there are more than one, or the source of information if there is only one does not comply with Rule 52. Again if the grounds of belief are not stated the affidavit does not comply with Rule 52.

b). Time -
A Notarized document like an Affidavit is valid upto infinity as regards it's contents . Its time, place and date on which the same has been executed should be the main consideration OR that the contents of the affidavit are negated by new/other evidences making the earlier affidavit null & void.
As far as possible, the day of the creation of the affidavit and its authentication – notarization etc. should be done on the same day or else it will become a voidable document in the hands of the authority / court to whom it is presented/submitted.

Advocate Aveek Bose LawRato

950 votes

Notarial Affidavits denotes verification of person making a legal declaration. It is used as a documentary evidence before the Court of Law. However a specific declaration before any concerned authority like LIC, Bank or any govt office is valid for a period of six months from the date of swearing in.

LawRato LawRato

58 votes

An affidavit is used, in particular, to confirm the validity and authenticity of a document. It can also be used to prove that someone really is who they claim to be, or to verify information. A sworn declaration or statement is an affidavit in a court proceeding. Its usually made by someone other than the plaintiff or defendant.

Advocate Chikirsha Mohanty LawRato