Affidavit and Notarization Process in Kolkata – Complete Guide

An affidavit is a written statement of facts sworn or affirmed before a person authorized to administer oaths — typically a Notary Public, an Oath Commissioner, or a Magistrate. The deponent (the person making the affidavit) declares that the contents of the affidavit are true to the best of their knowledge and belief. Under the Oaths Act, 1969, an affidavit is treated as evidence, and making a false statement in an affidavit is a criminal offence punishable under Section 193 of the Indian Penal Code (now re-enacted under the Bharatiya Nyaya Sanhita) for giving false evidence, which can result in imprisonment of up to 7 years and a fine.

Affidavits are required in a wide range of legal, administrative, and commercial situations in Kolkata: (a) court proceedings — affidavits are used for evidence (evidence by affidavit), applications for interim relief, bail applications, and pleadings, (b) administrative purposes — applications for passports, visas, and government documents, (c) property transactions — affidavits regarding title, possession, and absence of encumbrances, (d) business and commercial — affidavits for company incorporation, change of registered office, and various MCA filings, (e) personal matters — name change affidavits, affidavits for correcting date of birth in documents, affidavits regarding marital status, and affidavits for claiming inheritance, and (f) statutory declarations — where specific statutes require an affidavit as proof of certain facts.

In Kolkata, affidavits are commonly executed before Notaries Public, who are legal practitioners appointed under the Notaries Act, 1952. Notaries are plentiful around the Calcutta High Court, the City Civil Court, and the Sub-Registrar offices. The notarization process is straightforward, quick, and relatively inexpensive, making it the preferred method for executing affidavits.

There are numerous types of affidavits used for different purposes. Here are the most common ones encountered in Kolkata:

Affidavit of Name Change: Used when a person wishes to change their name officially. The affidavit declares the person's old name, new name, the reason for the change, and that the person will be known by the new name for all purposes. The affidavit must be accompanied by a newspaper publication (in two newspapers — one English and one vernacular) and a notification in the Gazette of India. In Kolkata, applications for Gazette notification for name change are processed by the Department of Publication, Civil Lines, Delhi, but can be submitted through the authorized agent at the Kolkata office. The affidavit is the foundational document for the name change process.

Affidavit for Date of Birth Correction: Used when there is a discrepancy between the date of birth in different documents (e.g., school certificate shows one date, Aadhaar shows another). The affidavit declares the correct date of birth, explains the discrepancy, and requests that the correct date be accepted. This affidavit is submitted along with supporting documents (school certificate, birth certificate, etc.) to the authority that issued the incorrect document.

Affidavit for Address Proof: Used when a person does not have a traditional address proof document for a particular address. The affidavit declares the person's current residential address and the period of residence. This is commonly used for opening bank accounts, obtaining mobile connections, and other KYC requirements where standard address proof is not available. The affidavit serves as a self-declaration of address and is generally accepted by authorities.

Affidavit for No Criminal Record: Often required for visa applications, government jobs, and adoption processes. The affidavit declares that the deponent has no criminal record, no pending criminal cases, and has not been convicted of any offence. This is a self-declaration, and the truthfulness depends on the deponent's honesty. Some authorities also require a police clearance certificate in addition to the affidavit.

Affidavit of Assets and Liabilities: Required in court proceedings, particularly matrimonial cases and probate petitions. The affidavit provides a detailed list of the deponent's assets (immovable property, bank accounts, investments, vehicles, jewellery) and liabilities (loans, debts, credit card dues). The Supreme Court in Rajnesh v. Neha (2020) mandated the filing of affidavits of assets and liabilities in all matrimonial cases. This affidavit must be comprehensive, honest, and supported by documents.

Affidavit of Support: Used for visa applications where a sponsor undertakes to bear the expenses of the applicant's visit. The sponsor (typically a relative or friend residing abroad) executes an affidavit declaring their relationship with the applicant, their income and assets, and their undertaking to support the applicant during their stay. This affidavit is often required by embassies and consulates, including the US Consulate in Kolkata.

Affidavit for Gap in Education or Employment: Used when there is a gap in the deponent's education or employment history. The affidavit explains the reason for the gap (illness, family responsibilities, preparation for competitive exams, etc.) and declares that the deponent was not engaged in any illegal activity during the gap. This is commonly required for job applications, higher education admissions, and visa applications.

An affidavit must follow a specific format to be legally valid. Here are the essential elements:

1. Title/Caption: The affidavit must have a title indicating the matter in which it is being filed. For court proceedings: "IN THE COURT OF [COURT NAME], [CASE NUMBER AND PARTIES]." For non-court purposes: "AFFIDAVIT OF [NAME OF DEPONENT] REGARDING [PURPOSE]."

2. Details of the Deponent: The affidavit must state the full name, age, occupation, and address of the deponent. These details establish the identity of the person making the declaration.

3. Preamble: The affidavit begins with a preamble such as: "I, [NAME], son/daughter/wife of [FATHER'S/HUSBAND'S NAME], aged [AGE] years, by occupation [OCCUPATION], residing at [ADDRESS], do hereby solemnly affirm and state as follows:"

4. Body of the Affidavit (Paragraphs): The facts are stated in numbered paragraphs. Each paragraph should deal with one fact or a set of related facts. The paragraphs should be in a logical sequence. The language should be clear, plain, and unambiguous. The deponent should state only facts that are within their personal knowledge. If a fact is based on information received from others or on documents, the source should be stated. Phrases like "I state," "I say," "I declare" are used.

5. Verification: At the end of the affidavit, the deponent verifies the contents. The verification states: "I, [NAME], do hereby verify that the contents of paragraphs 1 to [N] of this affidavit are true to my knowledge, and the contents of paragraphs [X] to [Y] are based on information received and believed to be true. Nothing material has been concealed therefrom. I have signed this verification at [PLACE] on this [DATE]." The verification distinguishes between facts within the deponent's personal knowledge and facts based on information and belief. This distinction is important for legal purposes.

6. Signature and Date: The deponent signs each page of the affidavit and at the end. The date and place of signing are stated.

7. Notary Attestation: The Notary Public or Oath Commissioner signs and stamps the affidavit after administering the oath or affirmation. The notary's signature, seal, registration number, and the date of attestation are affixed. The notary also records the affidavit in the notarial register.

In West Bengal, affidavits are typically executed on non-judicial stamp paper of appropriate value. For general purposes (non-court), stamp paper of Rs. 10-100 is sufficient. For court proceedings, the applicable court fee rules determine whether stamp paper is required or whether the affidavit can be on plain paper. The advocate preparing the affidavit will advise on the appropriate stamp paper.

Notarization is the process of having a notary public authenticate the execution of a document. In Kolkata, notarization is widely available and affordable:

Who Can Notarize? In India, a Notary Public is appointed under the Notaries Act, 1952, by the Central Government or the State Government. Notaries are typically experienced legal practitioners (advocates with at least 10 years of practice). An Oath Commissioner, appointed by the High Court, can also administer oaths and affirmations for court-related affidavits. A Magistrate can also attest affidavits under the Oaths Act.

Where to Find Notaries in Kolkata? Notaries are available throughout Kolkata, with concentrations in and around: (a) the Calcutta High Court premises (Old Post Office Street and surrounding areas) — numerous notary offices are located here, (b) the City Civil Court at B.B.D. Bagh, (c) the Sub-Registrar offices in Alipore, Bhowanipore, and other areas (for property-related affidavits), (d) commercial areas like B.B.D. Bagh and Esplanade, and (e) many advocates' chambers across the city also offer notary services. Notarization is typically a walk-in service — no prior appointment is needed for routine affidavits.

The Notarization Procedure: (a) Prepare the affidavit — have it drafted on appropriate stamp paper with all required details (an advocate can do this for you). (b) Visit the notary's office with the unsigned affidavit and your identity proof (Aadhaar card, PAN card, Voter ID, or Passport). The deponent must be present in person. (c) The notary verifies your identity and asks if you understand the contents of the affidavit and if you are signing it voluntarily. (d) The notary administers the oath or affirmation: "Do you solemnly affirm that the contents of this affidavit are true to your knowledge and belief?" The deponent responds affirmatively. (e) The deponent signs the affidavit in the presence of the notary. (f) The notary signs the affidavit, affixes their seal and stamp, notes the notarial register entry number, date, and registration number, and makes an entry in the notarial register. (g) The notarial register entry records: serial number, date, name of deponent, nature of document, and fee charged. This register serves as a permanent record of the notarization.

Cost of Notarization: The notarization fee in Kolkata is modest. The Notaries Act prescribes a fee of Rs. 15 per affidavit (as per the Notaries Rules, 1956). However, the actual fee charged by notaries in Kolkata varies based on the complexity and the need for drafting assistance: (a) for a pre-drafted affidavit brought by the deponent — Rs. 50-200, (b) for a simple affidavit drafted and notarized — Rs. 200-500, and (c) for complex affidavits (assets and liabilities, detailed legal affidavits) — Rs. 500-1,500. The notary's professional fee for drafting the affidavit is separate from the statutory notarization fee. At the Calcutta High Court premises, the combined cost for a simple affidavit (drafting + notarization) is approximately Rs. 300-800.

Important Points: (a) the deponent must sign the affidavit in the presence of the notary — pre-signed affidavits cannot be notarized; (b) the deponent must carry valid photo ID; (c) for affidavits in court proceedings, the deponent must also carry the case details (case number, court name, parties); (d) the notary cannot notarize an affidavit if the deponent appears to be under duress, intoxicated, or not of sound mind; and (e) making a false statement in a notarized affidavit is perjury and can result in criminal prosecution.