My late father was working in a construction company and got voluntary retirement in the year 2002. Company had not paid DA arrears to the employees that time and the company has recently agreed to pay it on Supreme Court directives. For my mother to claim the amount they were asking for succession order duly signed from the magistrate. I got the succession order from the court after a long process and spending money. Now the company is saying that they actually want succession document signed from magistrate in the format they have drafted. It is an affidavit which has to be executed on non judicial stamp paper before learned first class judicial magistrate as they have specified and one more indemnity bond they require. My lawyer is saying no judge will sign on such documents unless they personally know them. I consulted few others and they also said same thing. Now my question is who is “learned first class judicial magistrate”? how and where to get this document signed? The amount due to come is around 1 lakh and I have already spent around 20k. Please suggest.
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Inform the company that magistrate is not agreeable to signing affidavit in format desired by them
enclose your advocate legal opinion to that effect
if you have got succession order from court company is liable to pay
if they refuse take out contempt of court proceedings against company
You may contact some lawyer who may be knowing Special Metropolitan Magistrate who may attest your affidavit and bond.
You may further get clarification that if affidavit and bond is executed before competent authorities/gazetted officers will they accept it.
After this clarification you may get your affidavit attested by Inspector of Police, Asst Commissioner of Police, Dy Registrar of High Court,Asst Superintendent of JMFC Court all are gazetted officer who are authorized to attest affidavit of individuals identified by Advocate.
Yes,Definitely.
Tehsildar is one of the best Gazetted officer recognized under the law to attest the documents to be submitted to Government, Public and private Companies. Please go ahead with Tehsildar as one of the best options.
Dear sir,
First class judicial magistrate is one of the junior most magistrate (only senior to second class magistrate). In Bangalore they are also called as Metropolitan Magistrate.
You can try your luck by visiting the court complex and approaching the court clerk of any judge. They can get the work done for nominal charges.
Best wishes.
Judicial magistrate is the magistrate of lower court. You need to file an appropriate application to get his orders if you need any assistance from him
- Since, you have already obtained Succession certificate from the district Judge court , then it is valid for all the purposes , and cannot be denied by any company or bank .
- Further , your lawyer is right to say that this certificate is enough and no magistrate or CJM will attest the same .
- If the said company is not accepting the said certificate , then you can move an application before the same court to direct the said company to accept the same.
You can kindly check in the labour court and district court put your case there along with SC order and company affidavit format.
Indirectly company is harassing and doing time pass. Plus first show this order to labour commissioner and see that company's affidavit format is correct or doing time pass. Let Labour commissioner take step towards this. You can meet personally to labour commissioner and ask him or her to talk company management.
The judicial magistrate is the JM FC, i.e., judicial magistrate first class.
You can file a petition before the jurisdictional judicial magistrate court requesting for the attestation that you are required to submit to the company, by enclosing the filled up format.
But remember that your mother only can apply and not you if the company insisted on it.
Generally the magistrates do not entertain any such petition these days, but try your luck.
Hi
Your lawyer is correct.
Since you have already a succession certificate issued by the district court, the company is not legally right in asking for the affidavit (indemnity bond) to be signed by a first class judicial magistrate).
Also not sure if the company was a party to the succession suit. If the company was a party to the succession suit, then they cannot claim any indemnity affidavit.
So, you can sign the affidavit and indemnity bond before a gazetted officer and send them to the company and also issue legal notice to the company , given that they are putting additional conditions such as attestation by judicial magistrate (which is per se illegal)
Hope this information is useful.
Judge will not sign.
It is not his duty to issue affidavit.
Get the affidavit in their prescribed format, prepared and registered from TEHSILDAR. There is provision for Tehsildar to issue such affidavit and at that time Tehsildar will act as magistrate
1. First class judicial magistrate is judicial officer and they doesnt sign on any type of affidavits.
2. You can make affidavit an get it attested from first class executive magistrate that is tehsildar of your area.
prepare an affidavit on Rs. 20/- stamp paper and submit before the 1st class magistrate of ur area. A local advocate can help u in this. U need to personally present before the magistrate with original identity proof.
FCM is sub division officer, administrative officer. Your advocate rightly said.
But now you have SC which is above every document. Coampny cannot refuse to accept it. Send legal notice to company attaching certified copy of SC and warn them of contmept of court if DA not released.
Company cannot refuse SC.
District Magistrate is 1st class magistrate to get his signature move an application with the request annexing all the documents to this office with an affidavit and if require personally appear before him , he will sign immediately.
