Affidavit Notary Block: What It Is and How to Complete It

The notary block is the portion at the foot of an affidavit where the Notary Public or Oath Commissioner records that the deponent appeared before him, was identified, and swore or affirmed the contents, and then signs, stamps and dates it. An affidavit without a properly completed block is not sworn evidence at all, and the authority receiving it can refuse to act on it.

This note explains what the block contains, who is empowered to administer the oath, the steps to get an affidavit notarised in Kolkata, and the mistakes that quietly invalidate an otherwise well-drafted document.

What an affidavit actually is

An affidavit is a written statement of facts, made voluntarily, and sworn or affirmed before a person authorised to administer an oath. It is used in court proceedings, for a change of name, for a lost document, and in a large volume of bank, municipal and government work. The substance of an affidavit is the deponent own statement of facts within his knowledge; an affidavit cannot prove a matter the deponent does not know, and a statement dressed up as fact when it is only belief is a defect a court can see through.

The parts of an affidavit, and where the block sits

• The cause title, that is the court or authority and the matter in which the affidavit is filed.
• The description of the deponent: name, parentage, age, address and occupation.
• The numbered paragraphs containing the facts.
• The verification clause, stating which paragraphs are true to the deponent knowledge and which are true to his belief.
• The place and the date.
• The notary block, the jurat, at the end.

What the notary block contains

The block is short, but every element in it matters, because a missing seal or an undated block is enough for a receiving office to send the affidavit back.

• The words recording that the deponent appeared and was known or identified to the notary.
• The mode of swearing: on oath, or on solemn affirmation where the deponent affirms instead of swearing.
• The signature of the deponent, made in the presence of the notary.
• The place and date on which the oath was administered.
• The notary signature, official seal, registration number and, in many cases, the expiry date of the commission.

Who can administer the oath

A Notary Public appointed under the Notaries Act 1952 can administer an oath and complete the block. An Oath Commissioner or commissioner for oaths appointed for the courts can do the same for the purposes of those courts. The Oaths Act 1969 governs how oaths and affirmations are made. For an affidavit to be used in a particular court, the rules of that court may require it to be sworn before the Oath Commissioner attached to it, and a fee is usually payable for each affidavit. The practical point is simple: match the authority to the place where the affidavit will be filed. Our note on affidavits before an Oath Commissioner takes this further.

How to get an affidavit notarised in Kolkata, step by step

1. Have the affidavit drafted, or draft it yourself, and satisfy yourself that it states only facts you can responsibly vouch for.
2. Print it on plain paper. A notarised affidavit as such does not need stamp paper, though some institutions insist on one.
3. Carry the original identity proof and a photocopy, together with any document the affidavit refers to.
4. Appear in person before the Notary or Oath Commissioner. Do not send a signed paper with someone else.
5. Read the contents, or have them read to you, and sign each page in the presence of the notary.
6. The notary fills the block, signs, seals and dates it, and records the entry in his register.
7. Pay the fee. The amount varies from notary to notary and is not fixed by a single central tariff, so ask before you begin.

Common mistakes that invalidate the block

• Signing the affidavit at home before reaching the notary, so the notary cannot truthfully record that it was signed in his presence.
• An unsigned, undated or unsealed block, or a block without the notary registration number.
• Swearing before a notary in one state for a court that requires its own Oath Commissioner.
• Swearing on a photocopy instead of the original.
• Altering the text after the oath has been administered, which makes the earlier oath meaningless.
• Using a block that names a different deponent from the one who signed, or a mismatch of names across pages.

If the affidavit is for a court in Kolkata

An affidavit filed in the Calcutta High Court or the City Civil Court travels with the petition, and the block must be complete before filing. If the court itself is to administer the oath, the draft is prepared and the deponent appears on the day the officer is available. For most out-of-court use, a notarised affidavit with a correct block is enough. You can read more in our note on the affidavit notarisation process.

The same drafting care applies to other sworn papers. A rent agreement that is only to be notarised rather than registered follows a similar route, and the papers are set out in our guide to the documents required for online rent agreement registration.

The verification clause and the notary block are different things, and both matter. The verification clause is part of the affidavit itself: it states which paragraphs the deponent verifies as true to his knowledge and which, if any, he states on information and belief. A verification that says merely that the whole affidavit is true, without distinguishing knowledge from belief, is a common defect. The notary block then records that the deponent appeared and swore to that verification. A well-drafted affidavit keeps the two roles separate.

Affidavits for common purposes

• A name-change affidavit, used to align documents where a name has been spelt differently.
• A lost-document affidavit, sworn where an original certificate, policy or deed has been misplaced.
• A no-objection or consent affidavit, sworn by a relative or a landlord for a specific application.
• An affidavit of residence or address, used for admissions, employment and some government schemes.
• A court affidavit in support of an application, which must follow the rules of the court where it is filed.

In each case the notary block is the same in substance. What changes is the body of the affidavit and, sometimes, the officer before whom it must be sworn. Where an affidavit is to be used abroad, the requirement may be for an apostille or consular legalisation in addition to notarisation, and that step is handled after the block is completed.

Some affidavits carry a notarial or electronic stamp that is affixed at the time of swearing. A scan or photocopy of a sworn affidavit is useful for filing and for your own records, but it is not a substitute for the original when the original is called for. Where a court permits electronic filing, the scanned affidavit is uploaded with the petition, and the original is produced when the court or the registry asks for it. Keep the original safe, because it is the document that carries the notary seal and the entry in the register.

Getting it right the first time

Because a defective block is usually discovered only when the affidavit is refused, it is worth having the draft and the block checked before the oath is administered. The chamber at 14 Hare Street can review an affidavit through a free consultation, and can also arrange the appearance before the right officer for the court where the affidavit will be used.

• Carry the original identity proof and a photocopy, so the notary can verify and retain the copy.
• Ask the fee before the oath is administered, since there is no single fixed central rate.
• Read the block before you leave, and check the name, the date, the seal and the registration number.
• Keep one spare copy of the affidavit for your own records; the notary retains the entry, not your original.
• If the affidavit is for a foreign authority, ask in advance whether an apostille or consular legalisation is needed after notarisation.