Affidavit signing reg.
kumar
(Querist) 11 July 2014
This query is : Resolved
I am defendant and am giving affidavit on behalf of 2nd defendant also, now
1- should both the defendants have to sign the affidavit,
or
is it enough if I main defendant sign pl. advice . thnks
Kuummaar AS
(Expert) 11 July 2014
How can you give affidavit on behalf of somebody else?
SURESH BV, Advocate
(Expert) 11 July 2014
Dear Mr.Kumar,
Under the following circumstances you can file an Affidavit on behalf of the 2nd Defendant.
(a) If you are authorised by the 2nd Defendant and has given you an authority .
(b) Defendant No.1 and 2 must be sailing together.
Rajendra K Goyal
(Expert) 11 July 2014
You can not sign on other behalf till specifically authorized for the purpose.
Devajyoti Barman
(Expert) 11 July 2014
You can give affidavit on behalf of you and another defendant but for this both of you have to file single pleading.
Kuummaar AS
(Expert) 11 July 2014
Of course. affidavit is a written report which is signed by a person who promises that the information is true and for saying any information true on other's behalf something extra is required.
Prithvi Raj Sikka
(Expert) 12 July 2014
If there is no clash of interest between the defendants any one can sing affidavit that is sufficient.
R Trivedi
(Expert) 12 July 2014
There is no provision in law to give affidavit on behalf of some other natural person. Giving evidence is a personal matter and false affidavit can fetch jail up to 7 years.
Yes, if this natural person has given you some GPA and based on this GPA you have carried out certain transactions (like property sell etc), then you can give affidavit for such transactions on behalf of that actual GPA donor.
In this case if the matter is common, then both of you can sign the single affidavit, then there shall be two deponents for the single affidavit, better is give separate.
Rakesh Shekhawat
(Expert) 12 July 2014
I don't thinks Mr. kumar wants to know whether he can file others affidavit with his sign. I thinks he wants to know is it sufficient to file affidavit by only one defendant instead-of every defendant in support of written statement. If this is the query certainly affidavit of single defendant is enough for legal requirement. There is no need to file affidavit by each defendant.
prabhakar singh
(Expert) 12 July 2014
An affidavit can be filed by a single person
as deponent.Legally there can be no co-deponents.
To file an affidavit for a joint pleading of several plaintiff or defendant,one affidavit would be sufficient by person who has verified the pleadings.But for separate pleadings, each person verifying the pleading requires to file separate affidavit to support his pleading.
Advocate Ravinder
(Expert) 13 July 2014
If the parties to the case have given vakalat to only one Advocate, then any one of the party can file affidavit on behalf of others. If one of the party has any objection relating the contents of the affidavit, he can raise objection before the court and he can file a separate affidavit if he chooses.
If there are different advocates for parties, separate affidavits should be filed.
Dr J C Vashista
(Expert) 13 July 2014
I agree with experts, signing an affidavit on behalf of someone else require one's consent and approval
T. Kalaiselvan, Advocate
(Expert) 13 July 2014
I agree with the views and opinion of expert Mr. Rakesh Shekawath. If there are more than one defendants and if agreed by others, one defendant who having states that he knows the entire facts of the case and he submits this affidavit on behalf other defendants too, it is permissible. This defendant need not sign on behalf of other defendants separately. In certain cases where one defendant has filed a statement, if the other defendant wants to adopt the same, his/her counsel's signature will be sufficient for the purpose stating that this defendant adopts the statement of the other defendant.
R Trivedi
(Expert) 14 July 2014
There are two aspects:
1. if there are more than one defendant, then one of them can be authorized to pursue the matter, he can plead, act and give evidence in his personal capacity. That evidence shall be treated as his personal evidence, but ruling and decree if any shall be binding on all those defendants who gave authority to him to pursue on their behalf.
2. But I disagree to the fact that evidence can be given on behalf of someone. It cannot be in the sense asked for in the question.
RAJU O.F.,
(Expert) 15 July 2014
One defendant can file affidavit on behalf of other defendants also, if all others have same version and if the said defendant has authority to swear for the others.
R Trivedi
(Expert) 15 July 2014
How about perjury ? How about hearsay evidence ? Pleadings can be common.
V R SHROFF
(Expert) 15 July 2014
iF COMMON POLEADING, SAME aDVOCATE,ANY ONE DEF CAN VERIFY & SIGN AFF .
V R SHROFF
(Expert) 15 July 2014
IF COMMON PLEADING, SAME advocate,ANY ONE DEF CAN VERIFY & SIGN AFF .
Advocate Ravinder
(Expert) 15 July 2014
For all the parties the Advocate is same, if the matter is important (such as evidence affidavit)separate affidavit should be filed. If the matter is of procedural nature, any one party can file on behalf of other parties.
This answer is in addition to my earlier answer in this thread.
