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Registered gift will on ancestor property donee grandson
05-Mar-2025 (In Property Law)
I had filed a case last ten years so I asked for roznama and other documents under rti after filling my first appeal the rti officer send me rti reply through ordinary post stating to give me affidavit and didnot inform about the rti fees and told me to visit court and take the required copies .is it compulsary to give affidavit for my case thank u
If you were a party to the proceedings then you need not file an Affidavit. However, if you were having no involvement in the proceedings then you need to file an Affidavit. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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As per your short information you provide, your remedies are following
Under Section 7(9) of the Right to Information Act, 2005, information cannot be denied on arbitrary grounds. The RTI officer must provide the information in the requested form unless it disproportionately diverts resources. The RTI Act does not mandate an affidavit for seeking information. Any such demand is unlawful. As per Section 7(3), the PIO must inform you about applicable fees in writing. Failure to do so is a violation. RTI replies should be sent through a registered post or another trackable method to ensure delivery, not an ordinary post.
Lodge a complaint under Section 18(1) for non-compliance with RTI provisions.
Seek penalty under Section 20 against the PIO for willful refusal or delay.
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Adv. Praveen Anand
Nagpur | 25+ Answers
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1. RTI and Affidavit Requirement:
RTI Act, 2005 does not mandate an affidavit for seeking information.
If a Public Information Officer (PIO) demands an affidavit without legal basis, you can challenge it in your first or second appeal.
2. Roznama and Case Records:
Case proceedings (Roznama) and related documents are public records accessible to parties involved in the case.
If you are a party to the case, you can apply to the court registry or relevant authority for certified copies without needing an affidavit.
However, some courts may have internal rules requiring additional verification.
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Adv. Vikrant C Deshpande
Mumbai | 5+ Answers
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