In Indian legal contexts, understanding the difference between notary and affidavit is crucial. They are related but serve different purposes. An affidavit is a written statement made under oath or affirmation. A notary, on the other hand, is a public officer authorized to administer oaths, attest signatures, certify documents, and perform other acts, primarily to deter fraud. Let me share the comparison between them below.
Notary vs Affidavit
Here are the differences between notary and affidavit.
Notary
A notary acts as an impartial witness to the signing of documents and administers oaths.
Governed by the Notaries Act, 1952, and the Notaries Rules, 1956.
They verify the identity of the person signing and ensure they understand the contents.
A notary's seal and signature authenticate the document.
They often administer the oath or affirmation on an affidavit, making the affidavit a legally binding document.
Affidavit
It's a formal declaration of facts sworn to be true to the best of the affiant's (the person making the statement) knowledge and belief.
Contains factual information relevant to a legal matter. It's the affiant's version of events or information.
Used as evidence in court proceedings, for verification of documents, or for other legal purposes where a sworn statement is required.
Governed by the Code of Civil Procedure, 1908, and the Oaths Act, 1969.
For more differences, you can read my previous answer.
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Does a Notary Make a Document Legal: Everything You Need to Know
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Related Questions
In India, an affidavit and a notary are related but distinct concepts. Let me first tell you how they are related. People often use them together in legal and official matters. Now, let's see the difference between them. A notary is a public authority who confirms the accuracy of documents and signatures, whereas an affidavit is a written statement that has been sworn under oath. Here's a clear breakdown of the difference between affidavit and notary.
Aspect |
Affidavit |
Notary |
Definition |
A written statement made under oath affirming facts. |
A legal professional who certifies documents and administers oaths. |
Purpose |
Used to confirm facts or make declarations in legal matters. |
Verifies and authenticates signatures, administers oaths, and certifies documents. |
Role |
Statement of truth by the deponent. |
Officials who administer oaths, attests, affidavits, and verifies documents. |
Legality |
Legally binding when sworn under the correct procedure. |
Legally authorised and certifies documents or signatures. |
Who Can Create It |
The deponent (person swearing the affidavit) with the help of an authorised official. |
A Notary Public, often a lawyer or public officer. |
Common Use |
Used in legal disputes, property transactions, and official procedures. |
Used to certify documents, agreements, and affidavits. |
I hope this helps you understand the affidavit and notary difference.
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Who can Sign an Affidavit in India?
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We may frequently require legal documentation to back up our claims in life. As per my knowledge, affidavits are frequently required when someone is attempting to receive a legal certificate, such as a driver's licence, or mobile connection, or when purchasing or selling real estate. I needed it when I was applying for my driver’s licence. A public notary's signature confers legal authority on a document that the signer believes to include facts or information that is genuine and correct. Many people, however, are unaware of the difference between affidavit and notary. I learned about it very recently, so I can tell you the differences quite clearly.
Notary and affidavit differences
What should you do if you relocate and need a gas connection but don't have proof of residence to give the gas company? This and several other situations call for you to support your claim with a legally binding document that attests to your assertions. Affidavits are useful in situations like this. When you sign a document in the presence of a notary or an oath commissioner, it gains legal status and includes information and facts you firmly believe to be accurate. This can be a major distinction to notary when it comes to affidavit vs notary.
A notary is a person with legal training and authorization to assist in legal issues, particularly those that are uncontested and only call for him to validate the assertions made by regular people while serving as a witness and endorsing them. A notary is in the legal profession exactly like an attorney, however, he has slightly fewer qualifications and authority than an attorney in the traditional sense. The term "verifying officer" can be referred to in a variety of ways depending on the country. He is referred to as a notary public in many nations, although he is also known as a signing agent in other locales.
I hope this helps you in understanding the difference between affidavit and notary.
Read More: What is Affidavit Certificate Meaning? What Does a Notary Public Do? What is Notary Stamp India : Meaning?Your Feedback Matters! How was this Answer?
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Difference Between Affidavit And Notary?
Taani
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2022-11-01T11:51:18+00:00 2024-11-19T11:56:15+00:00Comment
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