Sandeep Goyal
Asked June 25, 2016

Can a minor be an affiant

  • 1 Answer
  • 146 Views

a person has given a affidavit as a witness for death certificate made in 2014 . the death was in 1964 when the above person giving affidavit was only of 17 years. will his affidavit is legal ?? because he was minor at time of death so he cant be a witness ..is there any ruling or law which will make his affidavit against law... the death certificate made without any investigation abt his age..

Answer 1

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Shreya Mishra

The Registration of Births and Deaths Act, 1969 deals with the requirements for the making and

registering of births and Deaths. Section 8 of this Act talks about the person required for registering

deaths. There is no mention of the requirement of any witness for making of a death certificate.

An affidavit is declaration in writing. It is similar to a testimony given in a Court, only difference

being, it is on paper. An affidavit is admissible in a Court and is accompanied by an oath. 1 However,

under Code of Civil Procedure(CPC), a minor cannot institute any suit and is generally exempt from

any liability. He has to be accompanied by a “next friend” or a guardian, thus clearly indicating that a

minor’s affidavit cannot be held valid either. Even for the making of passports, a guardian of the

minor has to give an affidavit on their behalf. 2

Therefore the affidavit given by the minor is not valid.

 

 

1 http://blog.ipleaders.in/affidavit-and- the-law- in-india/

2 http://passportindia.gov.in/AppOnlineProject/online/annexureAffidavit

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