Does An Affidavit of Service Need to be Notarized?

In legal contexts, affidavits are used in everything from estate planning meetings to court cases. However, despite their widespread use, their requirements are frequently unclear. One of the most common questions asked is does an affidavit of service need to be notarized? As I mentioned earlier, it needs to be notarized.

Get Free Estimate

Does a Signed Affidavit Have to be Notarized?

Yes, notarization is required for affidavits of service to be enforceable and accepted in court. Its necessity also hinges on the specific legal context and the regulations of the relevant court or tribunal.

1. Notarization is the process that adds authenticity by verifying the affiant's willing signature and identity through a Notary Public. 

2. It helps to prevent fraud and ensure the truthfulness of the affidavit's contents. 

3. The Notary Public serves as an impartial witness during this verification.

4. While India's Civil Procedure Code (CPC) doesn't explicitly mandate notarization for all affidavits, courts generally prefer and frequently require notarization for Affidavits of Service. It is because of their enhanced evidentiary value. 

5. Although the Evidence Act of 1872 does not define an affidavit as evidence, a court may order its use as such, or special laws might permit it. A notarized affidavit strengthens its admissibility and weight as evidence in such cases.

To guarantee the validity and acceptance of an affidavit of service in India, notarization is almost a mandatory prerequisite.

Draft Legally Valid Affidavit With Expert Lawyer Assistance via NoBroker Legal Services

One of my clients recently asked me, does an affidavit of service need to be notarized? I replied yes, an affidavit of service needs to be notarized. This sworn statement verifies that certain documents were delivered to a particular party, often in legal proceedings. In court cases, if you see, it is used to verify if the necessary parties have received a summons, complaint, or other legal documents.

Does an Affidavit Have to be Notarized?

Although notarisation is required for many legal documents in India, it is not necessarily required for an affidavit of service.

• By notarising the documents, the person who served them (the "affiant") is guaranteed to swear under oath that the service was carried out exactly as stated.

• By verifying the identity of the signer and securing their voluntary signature, notarising the affidavit helps avoid fraud.

• To create a notarised affidavit, you must first draft your statement. Once you meet a notary, who will verify your identity and observe your signature, the required paperwork will formally become official.

I would suggest you better check local court laws, as particular criteria can differ depending on the jurisdiction. I hope this answers your query, does an affidavit need to be notarized.

Read more