Best Affidavits & Statutory Declarations Lawyers in Nepal

Do you need a lawyer to make an affidavit in Nepal?

For a straightforward statement, you may be able to prepare the wording yourself and have it sworn or authenticated by a notary public. The receiving office or institution decides what form, wording, supporting documents, and authentication it will accept.

A lawyer can help when the statement affects property, court proceedings, immigration, or another significant right. A notary public’s authentication does not make an inaccurate statement true or guarantee that the recipient will accept it.

When legal help is useful

• Land or property records: A statement may need to explain a name difference, family relationship, possession, or another fact connected with a land transaction or Land Revenue Office record.
• Citizenship and civil registration: You may need to explain discrepancies in names, dates, or family details when dealing with a District Administration Office, ward office, or other public authority.
• Statements for a court case: A lawyer can help ensure the statement is relevant, consistent with the case documents, and prepared in the form the court requires.
• Use outside Nepal: A foreign embassy, employer, university, or immigration authority may require specific wording, translation, notarisation, or consular authentication.
• Business or financial matters: A lender, company, or government office may request a sworn statement about identity, authority to act, ownership, or a transaction.
• Disputed or high-risk facts: Get advice before signing if the statement could affect a dispute, create liability, or conflict with another document.

Nepal laws relevant to sworn statements

The Notary Public Act, 2063 (2006) and the Notary Public Rules, 2064 (2007) provide the framework for notaries public and notarial services in Nepal. They are relevant to authentication and other acts performed by a notary within the notary’s legal authority.

The Evidence Act, 2031 (1974) addresses evidence in legal proceedings. Whether a particular affidavit can be used as evidence depends on the applicable law, the proceeding, and the court’s requirements.

The National Civil Procedure (Code) Act, 2074 (2017) governs civil procedure. It came into force on 17 August 2018; the relevant court process should be checked before preparing a statement for a civil case.

Frequently asked questions

What is an affidavit?

An affidavit is a written statement of facts that the maker swears or affirms as true before an authorised person. The form and legal effect depend on the purpose and the authority receiving it.

Is an affidavit the same as a statutory declaration?

Both are formal statements, but the required form and oath or affirmation process may differ. Ask the receiving authority which document it requires rather than assuming one will replace the other.

Do I always need a lawyer?

No. A lawyer is not necessarily required for every straightforward statement. Legal advice is useful where the wording has legal consequences, facts are disputed, or the document is for court or foreign use.

Where can I swear or authenticate a statement in Nepal?

A notary public may perform notarial acts within the authority provided by Nepalese law. Confirm with the recipient whether it requires a notary, a particular office, or an additional form of authentication.

What documents should I take?

Take the recipient’s instructions, your original identification, and records supporting the facts, such as citizenship, civil registration, or property documents where relevant. The notary or lawyer may ask for additional documents based on the statement’s purpose.

Can I make an affidavit in English?

The language accepted depends on the receiving authority and the intended use. If a translation is needed, confirm whether the recipient requires a particular translator or a separately authenticated translation.

Can a person under 18 make an affidavit?

Capacity and the appropriate process depend on the person’s age, the subject, and the receiving authority’s rules. Ask a lawyer or the relevant office before arranging a statement for a minor.

How much does it cost?

The total may include notarial charges, document preparation, translation, and any required authentication. Ask for a current itemised estimate because the cost depends on the document and the services needed.

How long does the process take?

A simple statement may be prepared and authenticated in one visit if the wording and supporting documents are ready. Corrections, translation, appointment availability, or foreign-use authentication can add time.

Will a notarised affidavit automatically be accepted?

No. Notarisation does not require a court, government office, or foreign institution to accept the document. Check the recipient’s format and authentication requirements before signing.

Can I use a Nepal affidavit abroad?

Possibly, but the foreign recipient may require translation or further authentication. Check its instructions and the Department of Consular Services’ process before arranging the document.

What happens if information in the affidavit is false?

A person who knowingly makes a false statement may face legal consequences, depending on the circumstances and applicable law. Do not sign until you have checked every fact and corrected any error.

Official resources

• Nepal Law Commission: Publishes Nepalese legislation and can help you check the current text of relevant Acts and Rules.
• Nepal Bar Council: Regulates the legal profession and provides information relevant to checking a lawyer’s professional status.
• Department of Consular Services: Provides consular services, including document attestation processes relevant to documents intended for use abroad.

Next steps for finding and hiring a lawyer

1. Confirm the recipient’s requirements. Contact the court, government office, institution, or foreign authority and ask about wording, language, supporting records, and authentication.
2. Gather your documents. Collect identification, the recipient’s instructions, and records that support each fact in the proposed statement. Allow a few days if you need to obtain copies.
3. Shortlist Nepal-licensed lawyers. Seek a lawyer who regularly handles the relevant matter, such as property records, court filings, or foreign document use. Check professional status through the Nepal Bar Council.
4. Ask about scope and fees. Before engaging the lawyer, confirm whether the fee covers drafting, review, translation coordination, and arranging notarisation. Request an itemised estimate.
5. Have the wording reviewed. Check names, dates, addresses, and supporting facts against original records before signing. Ask the lawyer to explain any legal commitment the statement creates.
6. Sign through the required process. Follow the recipient’s instructions for the oath or affirmation and authentication, and do not sign in advance if the authorised person must witness it.
7. Keep copies and confirm acceptance. Retain the signed original or a copy as appropriate, then check that the receiving authority has accepted the document before relying on it for a deadline or transaction.