What is an Affidavit?

An affidavit is a written official document of facts created by an individual by taking oath in the presence of a person having the authority to regulate oaths. This written official document is signed in the presence of notary public or oath commissioner. An individual who prepares the affidavit declares that the content mentioned in the affidavit is true to the best of his or her knowledge and nothing has been concealed or misstated.

As per Indian law, affidavit is considered as an evidence of the facts stated by the individual in the statement but court has no power to admit the evidence in the form of affidavit. Affidavit is mainly used for verification or penalty purposes in which court proceedings are required.


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What constitutes an affidavit?

An affidavit comprises of the following information –

  1. The commencement of the document defines the truth in relation to verification, fine, penalty or imprisonment.
  2. An attested clause on the matter of context that certifies that the oath is taken by the affiant (Person who created the affidavit) along with the date.
  3. Author’s signature
  4. Witness signature
  5. Venue caption
  6. Notary public title

When you use the affidavit?

An affidavit is a part of documentation process required by an individual in the matter of any dispute before a court proceeding.

An individual uses affidavit in the following cases –

Date of birth proof

Name change

Bail affidavit

Identity theft cases

Death

Bail plea

Property dispute

Divorce proceedings

Law issues in family

Estate planning

At the time of issuing legal notice

Loan agreement

Rent agreement

House declaration

Debt cases

Legal issues

What documents are required for affidavit?

Different documents are required in different situation for affidavit.

Some of them are as follows -

  • Birth certificate
  • Marriage certificate
  • Adoption certificate
  • Death certificate
  • Marriage termination certificate
  • A signed written statement describing the relationship

Affidavit format Used in India

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