Address in affidavit is changed Address in affidavit is changed

6 months ago

For a specific purpose, 5 years back, deponent used his then current address (say, Kolkata address) as of Aadhar card in an affidavit by 1st class judicial magistrate. Now the deponent is settled in say, Hyderabad and all his documents' address (Aadhar, Voter ID) got updated accordingly. Still the affidavit will be valid?

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
An affidavit is a solemn statement given by a person on oath and attested by a Oath Commissioner. Affidavit will be prepared for specific purpose and immediate use only. There is no time limit or validity period for a affidavit. An affidavit is a legal document that is used as proof of the accuracy of its contents. When you changed your current address of Hyderabad in all of your statutory documents following the standing procedures that also requires an affidavit, your earlier affidavit of Kolkata become infructuous unless the same is used for any other prurpose with ulterior motives, you will not be held accountable. According to Section 3 of The Evidence Act, affidavits are considered "evidence." The Supreme Court, however, held that an affidavit can only be used as evidence if the Court so orders for adequate reasons (Khandesh Spg & Wvg Mills CO. Ltd. Vs Rashtriya Girni Kamgar Sangh). Therefore, without a particular court order, an affidavit cannot typically be used as evidence. Filing of false affidavit is an offense under Sections 191, 193, 195, and 199 of IPC.
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Anik

Responded 6 months ago

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A.Dear Client, if you provided your then-current Kolkata address on an affidavit five years ago, and since then you have legally updated your address on documents like your Aadhar card and Voter ID to reflect your new address in Hyderabad, the affidavit with the old address may still be considered valid, as long as it was accurate at the time it was made.
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Advocate Simi Paul

Responded 6 months ago

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A.Hi client,

If its taken valid also. The situation becomes contradictory . Using that affidavit for any purpose, will make the deponent sole responsible,for whatever has been stated.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 6 months ago

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A.Dear Sir,
He ought to have disclosed both the addresses in the affidavit otherwise objections can be filed if any case is pending before that Court.
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