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 –
- The commencement of the document defines the truth in relation to verification, fine, penalty or imprisonment.
- 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.
- Author’s signature
- Witness signature
- Venue caption
- 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 -
Affidavit format Used in India
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