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Affidavit Of Personal Service for India

Affidavit Of Personal Service Template for India

An Affidavit of Personal Service is a formal sworn document used in Indian legal proceedings to provide proof that legal documents have been personally delivered to their intended recipient. This document, governed by Indian civil procedure laws and various state-specific court rules, serves as official evidence of proper service. It must be sworn before a notary public or other authorized official and includes detailed information about the service process, including the server's identity, recipient details, time and location of service, and manner of delivery. The document plays a crucial role in ensuring due process and maintaining proper legal records in Indian courts.

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What is a Affidavit Of Personal Service?

The Affidavit of Personal Service is a fundamental legal document used in Indian jurisdictions to verify and authenticate the personal delivery of legal documents. This affidavit becomes necessary whenever formal proof of document service is required by courts or legal proceedings, serving as evidence that documents were properly delivered to the intended recipient. The document must comply with the Indian Code of Civil Procedure, 1908, the Indian Oaths Act, 1969, and relevant state court rules. It contains essential details such as the server's identification, recipient information, service date and time, location, and manner of service. The affidavit must be sworn before a notary public or other authorized official, making it a legally binding document that can be presented as evidence in court proceedings.

What sections should be included in a Affidavit Of Personal Service?

1. Title and Venue: Specifies the court/authority where the affidavit is being filed and the title of the related case

2. Deponent Details: Full name, age, occupation and address of the person making the affidavit (process server)

3. Case Reference: Details of the legal proceeding for which the service was made, including case number and parties involved

4. Document Description: Description of the documents that were served, including titles, page counts, and any attachments

5. Service Details: Specific information about when, where, and how the documents were served, including date, time, and location

6. Recipient Identification: Description of how the server identified the person being served and confirmation of their identity

7. Manner of Service: Description of the physical act of service and the recipient's response or acceptance

8. Verification Statement: Sworn statement confirming the truth of the contents and signature block with date and place

9. Notarization Block: Space for notary's official stamp, signature, and details

What sections are optional to include in a Affidavit Of Personal Service?

1. Physical Description: Description of the recipient's physical appearance, used when identity confirmation is crucial or contested

2. Failed Attempt Details: Information about any previous attempts at service, including dates, times, and reasons for failure

3. Special Instructions Followed: Details of any specific instructions that were given for service and how they were followed

4. Witness Details: Information about any witnesses present during the service, if any

5. Alternative Address Details: Information about other addresses tried for service, if applicable

6. Security Measures: Description of any security measures or restrictions encountered during service, if relevant

What schedules should be included in a Affidavit Of Personal Service?

1. Proof of Identity: Copy of the process server's identification documents

2. Photographs: Photographs taken during service, if any

3. Service Instructions: Copy of the original instructions received for carrying out the service

4. Map/Location Evidence: Maps or location details showing where service was completed

5. Receipt of Service: Any acknowledgment or receipt obtained from the recipient, if available

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses















Relevant Industries

Legal Services

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Banking

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Government and Public Sector

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Process Service

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Relevant Roles

Process Server

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Paralegal

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