Legal validity of registered notarized affidavit
Querist :
Anonymous
(Querist) 20 December 2020
This query is : Resolved
During the case hearing with Dy. Registrar instead of physical presence of purchaser of the flat we had submitted the Notarized Affidavit of the purchaser duly signed and registered by the notary. The respondent advocate is refusing to accept the affidavit as evidence on the ground that it is not valid and legal document. According to him it can be easily obtain by any one from any court. We argued that Notarized Affidavit is a legal document and it is accepted even in the High court and supreme court also. please advise
Isaac Gabriel
(Expert) 20 December 2020
Furnish the details of the case to offer advise and opinion. It is the discretion to accept the notarised affidavit.
Rajendra K Goyal
(Expert) 20 December 2020
Affidavit is treated as “evidence” within the meaning of Section 3 of The Evidence Act. However, in the matter of Khandesh Spg & Wvg Mills CO. Ltd. Vs Rashtriya Girni Kamgar Sangh, citation 1960 AIR571, 1960 SCR(2) 841, 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. Therefore, an affidavit cannot ordinarily be used as evidence in absence of a specific order of the Court.
https://blog.ipleaders.in/affidavits/#:~:text=Affidavit%20is%20treated%20as%20%E2%80%9Cevidence,Ltd.&text=Order%20XIX%20of%20Code%20of%20Civil%20Procedure%2C%201908%20empowers%20the,to%20be%20proved%20by%20affidavit.
kavksatyanarayana
(Expert) 20 December 2020
In my view, for a sale deed or a transfer of property, the notarised document is not valid. Notarised documents are for evidence purpose is valid but in this type of documents, not valid.
Guest
(Expert) 21 December 2020
If at all you are discussing about an Registered Document you could Very Well apply for Copy Of Documents from the Concerned Registrar Office along with Encumbrance Certificate. Any one could apply for it and get it even in 2 days. If at all there are some Specific Reasons the Court could ask for originals to be shown not submitted. Seek the Decision of the Concerned Court and Not the Objection of the Other Side Obviously it is there Duty to Object.
Dr J C Vashista
(Expert) 22 December 2020
Since you have already engaged / paid an able, competent and intelligent lawyer what is his / her opinion as s/ he is well aware about facts of the case ?
Have you lost faith in your lawyer ? If so, change him / her immediately, consult and engage another local prudent lawyer.
Why do you seek second opinion and obligation of experts on this platform based on limited facts posted by you ?
Dr J C Vashista
(Expert) 22 December 2020
You did not mention what is the case filed before which Dy Registrar and what are the proceeding ?
P. Venu
(Expert) 22 December 2020
You have not posted the material facts as well the context in which the matter is before the Dy. Registrar and the circumstance in which the notarised affidavit came to be submitted.
K Rajasekharan
(Expert) 22 December 2020
Notarised affidavit is a sworn written statement signed before a person legally authorised to notarise it. It has enough legal validity even if it is easily obtainable.
When you present an affidavit to an officer conducting inquiry it is the officer who has to receive, consider and accept the document but not the advocate of the adversary.
The other party’s advocate can reasonably raise some objection which will have to be accepted or rejected by the presiding officer based on the merit of the objection.
In this issue what he says is unacceptable and is not sustainable in law.
Rajendra K Goyal
(Expert) 01 January 2021
Well analyzed / explained by the expert K. Rajasekharan.
Querist :
Anonymous
(Querist) 05 March 2021
Thanks to all the experts for their valuable advises.
