Best Affidavits & Statutory Declarations Lawyers in Bangladesh

1. About Affidavits & Statutory Declarations Law in Bangladesh

Affidavits and statutory declarations are formal written statements made under oath or affirmation. In Bangladesh they are commonly used to verify facts for court filings, land transactions, immigration matters, and administrative processes.

The legal framework centers on the Oaths Act of 1873, which regulates how oaths are administered and by whom. In practice, a Bangladesh affidavit is typically sworn before an authorized officer such as a Magistrate, a Notary Public, or an oath commissioner, and then used as evidence or a verified statement in legal or administrative settings.

A standard affidavit includes the declarant’s personal details, a clear statement of truth, the declarant’s signature, and proper attestation. For documents intended for foreign use, legalization or apostille procedures through the Ministry of Foreign Affairs and Bangladesh missions may be required.

Recent discussions in legal reforms emphasize simplifying the affidavit process and improving accessibility through district-level offices. For official guidance, consult Bangladesh’s judiciary resources and law reform initiatives.

Affidavits are commonly used as sworn evidence in civil and administrative proceedings in Bangladesh.

Source: Supreme Court of Bangladesh

Additionally, the legalization pathway for documents destined for use abroad is typically handled through the Ministry of Foreign Affairs and Bangladesh missions abroad.

Documents intended for international use often require legalization or an apostille after authentication.

Source: Ministry of Foreign Affairs, Bangladesh

2. Why You May Need a Lawyer

Getting the right affidavit or statutory declaration is not just about writing the statement; it involves choosing the correct authority to administer the oath and ensuring the form complies with local court rules. A lawyer can help you avoid common errors that lead to delays or rejection.

• Property transaction requiring an affidavit of title: A buyer or seller in Dhaka or Chittagong may need an affidavit attested to confirm ownership and absence of encumbrances before a sale deed is registered.
• Divorce or maintenance proceedings requiring sworn statements: In family court matters, affidavits filed by either spouse may verify incomes, assets, or living arrangements and impact decisions on alimony or custody.
• Immigration or visa applications for relatives: An affidavit of support or proof of relationship may be required by consulates for visa issuance or sponsorship.
• Affidavits for bank loans or financial disclosures: Banks may request a sworn statement confirming asset values, liabilities, or solvency before approving large lines of credit.
• Probate, inheritance, or succession matters: Heirship affidavits establish rightful heirs and distribute assets according to law or a will.
• Corporates and business registrations: Companies may need sworn declarations for regulatory filings or compliance matters with the registrar of joint stock companies.

3. Local Laws Overview

The following laws and related rules govern affidavits, oaths, and the use of sworn statements in Bangladesh:

• Oaths Act, 1873 - Establishes who may administer oaths and how affidavits are sworn within Bangladesh. It remains a foundational statute for oath-taking practices across courts and administrative offices.
• Notaries and Notarization practices (as applied in Bangladesh) - Notaries Public and oath administrators provide attestation for affidavits, certificates, and related documents used in legal and administrative contexts.
• Civil Procedure Code, 1908 and Evidence Act, 1872 - The procedural and evidentiary frameworks in which affidavits are submitted, admitted, and weighed in civil and family matters and court proceedings.

Recent developments emphasize aligning affidavit procedures with digitization and improving access to competent oath administrators at the district level. Law reform discussions and official guidance are published by Bangladeshi legal authorities and reform bodies.

Key sources for official guidance include judiciary and reform bodies that provide practice directions and forms for affidavits in various courts and administrative tribunals.

Source: Supreme Court of Bangladesh

Source: Bangladesh Law Commission

4. Frequently Asked Questions

What is an affidavit and how is it used in Bangladesh?

An affidavit is a sworn written statement used to verify facts in legal or administrative matters. It is commonly filed in court cases, property transfers, or immigration processes, and must be sworn before an authorized official.

How do I prepare an affidavit for a court in Bangladesh?

Draft the statement clearly, include the declarant’s identity, and present facts in numbered paragraphs. Have it sworn before a Magistrate, Notary Public, or oath commissioner and attach any supporting documents.

What is the cost of getting an affidavit witnessed in Dhaka or other districts?

Costs vary by office and service level, typically including a small oath fee and attestation charges. Check the local district court or notary office for current fees.

How long does it take to get an affidavit notarized or sworn in Bangladesh?

Most affidavits can be sworn the same day if the declarant is available and documents are complete. Some offices may require a short appointment, leading to a 1- to 3-day timeline.

Do I need a lawyer to prepare or file affidavits in Bangladesh?

A lawyer is not mandatory, but a legal counsel can ensure accuracy, proper format, and compliance with local rules. They can also help with filing and submission timelines.

What is the difference between a notary and an oath commissioner in Bangladesh?

A Notary Public generally attests documents and administers oaths for broad legal purposes. An oath commissioner can administer oaths within specific jurisdictions or contexts as defined by law.

Can I use an affidavit abroad or in a foreign court?

Affidavits intended for use abroad may require legalization or apostille. Local rules apply through authorities such as the Ministry of Foreign Affairs and Bangladesh missions.

Do I need to declare all facts truthfully or can I include statements to avoid liability?

Affidavits must reflect truthful, accurate information. Providing false statements can lead to perjury charges and civil or criminal consequences.

What documents are typically required to prepare an affidavit?

Required documents include the declarant's identity proof, relevant case numbers or file references, and any supporting records. Original copies or certified copies are often requested.

Is there a standard Bengali or English form for affidavits in Bangladesh?

Forms vary by purpose and jurisdiction. Courts and notaries provide templates; legal counsel can customize language while preserving accuracy and compliance.

What is the typical timeline for an affidavit to be accepted by a court?

Timeline depends on court workload and completeness of documents. A properly prepared affidavit is usually accepted within days, but complex matters may take longer.

Are affidavits accepted by all government agencies in Bangladesh?

Affidavits are widely used across civil, commercial, and administrative processes, but some agencies may require agency-specific forms or additional attestations.

5. Additional Resources

• Supreme Court of Bangladesh - Official judiciary portal with practice directions, forms, and guidance for affidavits and oaths. https://www.supremecourt.gov.bd/
• Bangladesh Law Commission - Government body reviewing and recommending reforms to legal procedures, including affidavits and oaths. https://lawcommission.gov.bd/
• Ministry of Foreign Affairs - Guidance on legalization and apostille for documents used abroad. https://mofa.gov.bd/

6. Next Steps

1. Identify your exact need for an affidavit or statutory declaration (court filing, real estate, immigration, etc.).
2. Collect all relevant documents and determine the correct authority to administer the oath (Magistrate, Notary Public, or oath commissioner).
3. Consult a local lawyer who handles affidavits to confirm required formats and any district-specific rules.
4. Draft the affidavit with precise facts and supporting references, then have your lawyer review it for compliance.
5. Schedule the oath or attestation at the appropriate office and ensure proper notarization or authentication of signatures.
6. Verify whether legalization or apostille is needed for use abroad and arrange with the Foreign Ministry if required.
7. File or submit the finalized, attested affidavit to the relevant court or authority within the specified timeline.