Affidavit given before Lease Deed is valid or not?
I have given an affidavit to Mining department saying that the mining product will be used only for cottage industry . Even as per law that type of affidavit is not required and even other Lessees has not given the same affidavit. After 1 year of giving the affidavit mining department gives the lease and the condition is not included in the Lease deed. After 2 years they cancel the Mining lease referring the affidavit that the mining product is not sold to cottage industry.
Would like to know whether the affidavit is valid when the same is not included in the Laese Deed?
Asked 3 years ago in Civil Law from Bangalore, Karnataka
pls contact me with all documents i.e, lease agreement and affidavit i will able to advise u
the lease must have been granted to you subject to the condition that you execute an affidavit for end user benefit
an affidavit is statement made on oath .you have given an undertaking that mining product will be used only for cottage industry . if in flagrant violation of the said undertaking you have sold mining product the mining dept is justified in taking action against you .
. it is necessary to go through various documents executed by you to advise further .
While the mine is given for lease, whatever conditions are imposed should be duly incorporated in the terms in the lease, any such additional affidavit an be challenged for having no validity in law. What if such a condition in affidavit was repugnant to the condition in the lease then will the lease prevail or the affidavit.
You should engage a lawyer in and approach High court or appropriate forum if such cancellation has been done.
Advocate, New Delhi
Hi if there is no such conditions in the lease deed then question of relying upon the affidavit is not fare if there is no violations of conditions in the lease deed you can challenge the act of department of mining before the court of law.