Best Affidavits & Statutory Declarations Lawyers in Dhaka

1. About Affidavits & Statutory Declarations Law in Dhaka, Bangladesh

An affidavit is a written statement of fact that is sworn or affirmed to be true before an authorized official. In Dhaka, affidavits are commonly used to provide evidence in civil and administrative matters, or to support applications and filings with government agencies or courts. A statutory declaration is a similar document made under an oath or solemn affirmation, typically used to declare personal facts when a formal oath is not required by statute.

In Bangladesh, the legal framework for affidavits and declarations rests primarily with the Notaries Ordinance and related oath laws. Notaries issue attestations and prepare affidavits, while Commissioners for Oaths administer oaths and affirmations for sworn statements. The practical effect is that a properly sworn affidavit or declaration carries evidentiary weight in courts and administrative proceedings in Dhaka city and beyond.

Common uses in Dhaka include property transfers, family and custody matters, loan or financial disclosures, and declarations for identity or residency requirements. A properly drafted document helps avoid delays, but accuracy, proper attestation, and correct stamping are essential to maintain enforceability. For most matters, engaging a lawyer or legal counsel ensures the document complies with applicable rules and court expectations.

Source: Official Bangladesh law portals outline the role of oaths, notaries, and attestation in affidavits and declarations. See the Notaries Ordinance and Oaths Act for governing authorities.

2. Why You May Need a Lawyer

Engaging a lawyer can prevent common errors and reduce delays when preparing affidavits or statutory declarations in Dhaka. Below are concrete scenarios where legal guidance is typically necessary.

• Property transfer in Dhaka city requires an affidavit of title and precise property details to accompany sale documents and mortgage filings.
• Filing for court proceedings in a Dhaka district or metropolitan court often needs affidavits supporting claims, timelines, and service of process.
• When applying for a loan or guaranty, a lender may require an affidavit of solvency or income, drafted to satisfy specific bank requirements.
• Adoption, guardianship, or custody matters frequently involve multiple affidavits and declarations, each with strict verification and attestation rules.
• Name changes or corrections in national identity documents or educational records in Dhaka require carefully drafted affidavits with proper notarization and stamp duties.
• Inheritances and heirs claims often rely on an affidavit of heirs to establish succession and property rights in Dhaka courts or land offices.

3. Local Laws Overview

The primary statutory framework for affidavits and declarations in Dhaka rests on a few core laws and rules. The following are commonly cited, with their general purposes in practice.

• Notaries Ordinance, 1961 - Governs the appointment, duties, and authority of notaries who prepare and attest affidavits in Bangladesh. This framework supports authentication of signatures and document preparation for use in courts and government filings.
• Oaths Act, 1873 - Sets out procedures for administering oaths and affirmations for sworn statements, including where and how an affidavit may be sworn in Dhaka.
• Stamp Act, 1899 - Requires stamp duty on certain legal documents, including affidavits, to ensure admissibility in courts and administrative bodies. Stamp duties vary by document type and length.

The Bangladesh Supreme Court and official legal portals emphasize that affidavits must be properly sworn, verified, and attested to be legally effective. For authoritative texts of these acts and related amendments, see the official Bangladesh legal portal and the Supreme Court guidance.

Recent trends include ongoing emphasis on clear verification statements and accurate descriptions in affidavits filed with Dhaka courts. While the core acts remain in force, authorities encourage careful drafting and professional review to avoid delays or challenges in enforcement. For official texts and updates, refer to the following resources.

Source: bdlaws.minlaw.gov.bd provides official English texts of Bangladesh statutes, including Notaries Ordinance and Oaths Act. See also the Supreme Court of Bangladesh for procedural guidance.

4. Frequently Asked Questions

What is an affidavit and how does it differ from a statutory declaration?

An affidavit is a written statement sworn under oath before an authorized official. A statutory declaration is a similar declaration made under formal affirmation, but not always sworn before a court. In Bangladesh, affidavits are the common vehicle for court filings and official statements.

How do I start the process to get an affidavit in Dhaka?

Visit a notary public or a commissioner for oaths in Dhaka, bring your documents, and provide a clear, factual statement. The official will review, swear or affirm the contents, and attach appropriate attestation and stamps. You may later file or submit the affidavit to the relevant authority or court.

Do I need a lawyer to prepare an affidavit in Dhaka?

While not always mandatory, a lawyer helps ensure accuracy, proper legal language, and compliance with stamping and attestation requirements. A lawyer can also tailor the affidavit for the specific court or agency involved. This reduces the risk of rejection or requests for clarification.

How much does it cost to prepare and attest an affidavit in Dhaka?

Costs include notary or commissioner fees and stamp duties, plus attorney charges if you hire counsel. Typical notary fees in Dhaka may range from a modest amount to a few thousand Bangladeshi taka, depending on complexity and length. Stamp duty is additional and varies by document type.

How long does it take to obtain an affidavit in Dhaka?

Simple affidavits can be completed in a few hours if all documents are ready. More complex affidavits or those requiring court or agency submissions may take 1-3 days or longer. Allow extra time for stamping and any required verifications.

Do I need to bring ID and proof of address to the appointment?

Yes, bring a valid government-issued ID (NID, passport, or driving license) and proof of address. Some documents may require copies or attested copies. The official will guide you on any additional items needed.

What is required for an affidavit used in a property transaction in Dhaka?

The affidavit should include precise property details, your chain of ownership, encumbrances, and a clear description of the transaction. It must be sworn before an authorized officer and properly stamped. Inaccurate or incomplete details can delay transfer or financing.

What is the difference between an affidavit and a declaration for a court filing in Dhaka?

An affidavit is sworn under oath or affirmation; a declaration may be made without an oath but still attested. For court filings in Dhaka, affidavits are typically preferred due to the oath requirement and evidentiary weight.

Can I file an affidavit online in Dhaka?

Most affidavits require physical sworn attestation, but some supporting documents may be submitted electronically to courts or agencies. Check with the relevant court or authority in Dhaka for current e-filing options. Physical copies with proper attestation remain the standard.

Should I include a verification paragraph in my affidavit?

Yes, include a verification statement confirming that the contents are true to the best of your knowledge. A verification clause helps prevent challenges to the affidavit later. Your attorney can draft this to align with local practice.

Do I need to involve the Stamp Act when preparing an affidavit?

Stamp duty is typically required for affidavits to be admissible in court or for governmental use. The exact stamp amount depends on document type and length. The notary or lawyer can advise on current rates and correct stamping.

What happens if I make a false statement in an affidavit?

Providing false information can expose you to perjury and civil liability under Bangladeshi law. Penalties may include fines and imprisonment, depending on the nature of the false statement. Always ensure accuracy and honesty in your affidavit.

Do I need to renew or re-verify an affidavit if circumstances change?

If essential facts change, you may need to file an amended affidavit or a supplemental declaration. Always inform the relevant authority or court and seek legal guidance. Your lawyer can help determine whether an amendment is required.

5. Additional Resources

• Supreme Court of Bangladesh - Official source for procedural guidance and court-related requirements for affidavits and declarations.
• bdlaws.minlaw.gov.bd - Official database of Bangladesh statutes, including Notaries Ordinance and Oaths Act.
• National Portal of Bangladesh - Government resource with information on legal and administrative processes, including document attestation and public services.

Note: These sources provide official texts and guidance relevant to affidavits and statutory declarations in Bangladesh. Always verify the latest amendments and practice directions with the applicable Dhaka courts or offices.

6. Next Steps

1. Define the purpose of your affidavit or statutory declaration and identify the exact authority or court where it will be used. This clarifies drafting requirements and attestation needs.
2. Gather all relevant documents the affidavit will rely on, including IDs, ownership papers, addresses, and any prior related filings. Organize them by order of importance to the process.
3. Consult a Dhaka-based lawyer who specializes in affidavits and declarations. Request a quote and confirm their experience with the specific court or agency involved.
4. Draft the initial text with clear, factual statements. Have your lawyer review for accuracy, legal sufficiency, and alignment with stamping and attestation rules.
5. Arrange attestation with a Notary Public or Commissioner for Oaths in Dhaka. Ensure the document is properly stamped and signed as required by the Stamp Act and local practice.
6. Submit the sworn affidavit to the relevant court or authority, or attach it to the intended filing. Retain certified copies and the attestation receipts for your records.
7. Monitor the filing for any requests for amendments or verification. If changes occur, consult your attorney about drafting amendments or supplemental declarations promptly.