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written by | April 18, 2022

What is an Affidavit, its Usage and Types of Affidavit in India?

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Do you know how to apply for something in court on your own? If not, an affidavit is an answer to this question. An affidavit is a document that individuals use in court to complete their work. Affidavits are an important part of court proceedings because they assist judges in making correct decisions; therefore, they are an important part of our constitution. There is a detailed procedure for filing an affidavit in court, which cannot be denied further. However, to maintain law and order, several punishments are in place for filling out a false affidavit. As a result, we will discuss affidavit definition, usage, affidavit types, and much more in this article.

Did you know?

A sworn affidavit is valid up to 12 months from the date signed by the commissioner. 

Facts You Should Know About Types of Affidavits in India

What is an Affidavit? 

An affidavit is a consensual written declaration made by an individual who implements, swears, verifies and affirms under oath. This person also proclaims that the contents of the proclamation are true and correct and that nothing has been hidden or misrepresented in it. He also confirms the truthfulness of the document.

An affidavit can be considered a legal form of the oath taken by a person that can't be denied. Affidavits are an important part of court hearings because they provide a written summary of the details regarding the incident, which can help judges make decisions more easily. They are also helpful in keeping records.

Also Read: Format and Requirements of Consent Letter For GST Registration

Who Can Create an Affidavit?

Any individual can form an affidavit. However, to create an affidavit, an individual must be of legal age and fully comprehend the components' nature. In other words, the individual must not be insane or rendered unconscious for not knowing the purpose of the affidavit's statements.

Essential Features of an Affidavit

Let's discuss some of the important features of an affidavit. 

An affidavit is used as an official document in court; it must be written rather than orally. This is done to hold the person who swears the affidavit responsible for the affidavit's contents. It also discourages people from making false accusations because they are punishable offences.

An Affidavit can only be created by an individual, not by any synthetic persons such as corporations, associations or groups of people. 

Affidavits cannot be made on behalf of others. The goal is to prevent people from declaring things beyond their useful knowledge. It is the deponent's responsibility to state facts known to them. However, there is an exception for affidavits sworn at the behest of children or insane people.

An affidavit should only include facts to the best of the deponent's knowledge and belief. It should not be solely based on deductions or assumptions.

Contents of an Affidavit

An affidavit should only include facts that an attestant can prove to his firsthand knowledge. It should not include any assumptions or speculative beliefs. Interlocutory applications filed in civil proceedings, which may be based on the deponent's belief, are the exception to this rule. It is, however, subject to the rule that the source is stipulated and that the attendant be subject to cross confirmation by the other party. An affidavit contains simple facts mentioned after the other and a verification clause that the designated officer with authority must attest to.

Circumstances for Creating an Affidavit

Affidavits are when an oath of any kind is required, such as in passport applications, divorce settlements, property disputes and debt collection cases, among other things. It is also used on the occasion of the loss of credentials or documentary evidence to change individuals' names and for various other purposes.

An affidavit can be used to demonstrate a fact in a court of law if the court orders it, according to Indian law. However, because affidavits are not included in the definition of "evidence" in the Indian Evidence Act, they can only be used as evidence when the court believes it is reasonable to invoke the regulations of Order 19 of the Code Of Civil procedure. This provision, however, is subject to the opposing party's right to produce the Diptera for cross-verification.

Common Affidavits Used in India

Let's discuss some of the types of affidavits used in India. 

1. Name Change Affidavit

Name change affidavit is the first type of affidavit. It is a file sworn by an individual affirming their true name instead of incorrect spellings or variants of the same names written in any document. An affidavit of this type may be inducted before a Certificate or a Magistrate. The general name change or name change after marriage is some of the affidavit examples. 

2. Joint Affidavit for Marriage

In this type of affidavit, a statement issued by husband and wife after their marriage states the date and location of their marriage and the law under which the wedding is registered. A joint affidavit should include both parties' parents' full addresses and names.

3. Affidavit for the Firstborn Child

Affidavit for the first new baby is a file required for nursery class admissions. In this affidavit, parents declare and provide information about their first new baby, which school authorities require for admission.

These are some of the types of affidavits. In addition, there are several such as Proof of Date of Birth Affidavit, Income Proof Affidavit, Affidavit for No-criminal record, Passport Affidavits, Joint Affidavit for Registration of Marriage, Affidavit for Educational Loan and many more.

What Happens on Filing of a False Affidavit?

If someone files a false affidavit, they face the penalties outlined in our respective constitutions. For example, consider a court case that has told a group to file the affidavit and then file a false sworn statement. In such a case, a 6-month sentence punishes the group.

If a person knowingly files a false affidavit, they face confinement for a term ranging from three to seven years.

A private complaint can be filed before a competent magistrate under section 200 of the Indian Penal Code if a false official document is given in any semi proceeding.

Requirements for Writing Online Affidavits

There are a few requirements to keep in mind when drafting an affidavits sample, which is listed below:

  • Always write affidavits in the first person.
  • It should be performed before an authorised person who can administer oaths concerning the specific type of affidavit.
  • The person who drafts the declaration must swear or confirm that the information is true.
  • If law permits, a person may affirm or declare rather than swear.
  • Where the deponent is uneducated, blind, or unfamiliar with the dialect in which the affidavit is authored, the person that took the affidavit must sign a certificate stating that the official document was read, translated, or explained to the deponent in his presence, that the deponent seemed to understand it perfectly, and that the deponent signed. 
  • The deponent must properly sign an affidavit in the existence of the oath associated with higher.

Also Read: Primary Aspects of Setting up a Partnership Firm in India

Include the following information at the bottom of the Affidavit Format:

  • The deponent's full name and signature
  • Statement of conclusion
  • Date and location
  • The Notary's designation and full name

Conclusion

Affidavits are important in legal work because they are a legal form of the oath taken by a person that cannot be denied. Individuals use affidavits to solve problems and avoid legal pitfalls. However, specific penalties exist for individuals or groups who file or support the false affidavit. You must also understand the definition of the affidavit, use of an affidavit, different types of affidavits and much more.

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FAQs

Q: What are the requirements while writing an affidavit?

Ans:

There are a few requirements to keep in mind when drawing up an affidavit sample, which is listed below:

  • You must do it before a person authorised to administer oaths about the specific type of affidavit.
  • The person who drafts the sworn statement must swear or assert that the information is true.
  • If law permits, a person may affirm or proclaim instead of swearing.

Q: What are the steps to create an affidavit?

Ans:

Though the creation depends on affidavit types, let's discuss some general steps regarding the affidavit creation. 

  • Create an affidavit draft in MS Word.
  • Print the affidavit drawn on e-stamp paper (available at any cooperative bank near you). For example affidavit execution, a ₹100 stamp would suffice. For lawyer cross-verification, you must attach any supporting documentation with the affidavit, such as an Aadhar card, passport, or driver's licence.
  • Now, sign the affidavit and supporting documentation in front of a notary lawyer. Sign all the pages. Get the affidavit notarised by a notary lawyer.

Q: Define an affidavit?

Ans:

A legal affidavit is a document written under oath that is majorly used in court. An affiant is a person who swears to be factual in constructing the affidavit. Affidavits are an important part of court hearings. They provide a written summary of the details regarding the incident, which can help judges make decisions more easily. They are also helpful in keeping records.

Q: What is the usage of an affidavit?

Ans:

Affidavits are essential in court hearings for a few types of cases. For example, it is used in instances such as divorce court, confirmation that legal documents have indeed been received, residency verifying, name change verification, notifying a part of a proceeding of changes, debt disputes, confirming the identity of a victim of identity theft and many other places.

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The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.
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Disclaimer :
The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.