What is an Affidavit – Features, Types, Format and Sample
An affidavit is a sworn written statement, made especially under affirmation or oath before an authorised officer or Magistrate. This document is essential when an authority (such as a judge, government agency, or insurance company) needs to confirm the accuracy of the information they are receiving. It must be made sure that they are written in the first person and contain facts rather than inferences.
Read on to know uses, features, example, types and purpose of an affidavit.
Understanding Affidavit
A person who creates an affidavit is referred to as a Deponent or an Affiant. Depending on the affidavit that needs to be attested, the person with authority to attest a certificate may be a Magistrate, who may be either a Judicial or an Executive Magistrate, a Notary Public, or a Commissioner of Oaths. Indians living abroad can take oaths before Consular officers stationed in Indian missions.
Affidavits are useful when a person is unable to appear in court in person. When someone gives testimony in person before a judge, they are under oath, which means they cannot lie. However, if they do lie, they will face penalties for what is known as perjury. If a person is unable to attend court, they can file an affidavit instead. The person will be held to the same standards as if they were testifying under oath in front of a judge.
Beyond court cases, affidavits can also be used for personal or business purposes. Affidavit examples include cases wherein one is transferring legal rights to a power of attorney, they will be required to create and sign it. Additionally, when applying for bank loans, you’ll also need to provide an affidavit confirming the accuracy of your financial situation. Affidavits can also help confirm that a future partner or investor is telling the truth about their financial capabilities in business transactions. This is a general due diligence step that every business should perform before collaborating with a new partner or investor.
Features of an Affidavit
Affidavits must be in writing- Because an Affidavit is used as a record in court, it must be written. This is done to hold the person who swears the affidavit accountable for the contents of the affidavit. It also discourages people from making false claims because they are treated as punishable offences.
- It is an Individual’s Declaration – An Affidavit can only be created by an individual and not by any artificial persons such as corporations, associations, or groups of individuals.
- It Contains Facts – An affidavit should only include facts that are true to the best of the deponent’s knowledge and belief. It should not be based on assumptions.
- Written in the First Person – Affidavits cannot be made on behalf of others. The goal is to prevent people from declaring things that are beyond their reasonable knowledge. It is the deponent’s responsibility to state facts that are known to them. However, there is an exception for affidavits created on behalf of minors or insane individuals.
- Sworn Before Authorised Officer or Magistrate – An affidavit can only be sworn before someone who has the authority to attest to it. A name change affidavit, for instance, can be attested by a Notary Public or an Executive or Judicial magistrate for documents created in India, whereas an affidavit for a damaged/lost passport can only be attested by an Executive or Judicial Magistrate and is beyond the scope of authority of a Notary Public.
How to Write an Affidavit?
- Title – This either contains your name or specific information about your case.
- Identity Statement – The following paragraph introduces yourself to the court and provides information about your identity (age, address, etc.)
- Truth Statement – You will swear in this section that the information provided is correct and true to the best of your knowledge.
- Fact Statement – The paragraph(s) that follow will contain your factual statement. Each paragraph should only contain one fact and the details that pertain to it.
- The Final Statement of Truth – After you’ve finished stating your facts, you will swear once more that the information provided above is correct.
- Sign and Notarize – The last section contains signature lines for you, witnesses, and the notary, along with the date.
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When to Use an Affidavit?
Affidavits are crucial in court proceedings for a few types of disputes. They are most commonly used in the following scenarios:
- Divorce
- Disputes over debt
- Confirmation of receipt of legal documents
- Disagreements related to property
- Notifying a proceeding party of changes
- Verification of name change
- Verification of residency
- In order to confirm the identity of an identity theft victim
Affidavits are sometimes voluntary, and sometimes they are required. State law governs the rules governing when affidavits are required.
Sample of an Affidavit
An affidavit sample is shown below:
Types of Affidavits Used in India
The following is a list of common affidavit types and their purposes:
- Birth: In the event that your birth certificate cannot be found, this affidavit confirms information about your birth. It must be attested by your biological relatives or attending practitioner and they must state their relationship with you.
- Name Change: An affidavit for name change assists you in officially changing your name. Your previous name must be mentioned. Another person, usually a family member or spouse, must attest to the fact that you use a different name.
- Heirship: It is used to claim inheritance to a deceased party’s assets if they died without leaving a will or testament. Typically, multiple neutral witnesses who cannot benefit from the assets are required.
- Support: This affidavit is used when someone wants to vouch for a visa applicant, stating that they have financial support if they arrive in the country. Individuals may be required to accept financial responsibility for them.
- Death: This statement informs the court, companies, and/or creditors of an individual’s death by someone who knows them personally.
- Domicile: This is used to confirm that the person in question is a legal resident of a particular state or country. Many applications, such as ration cards or passports, may require it.
- Residence: This document confirms your current address. It may be required for anything that requires your current address, such as employment, education, or government entities.
- Identity Theft: This affidavit assists victims of identity theft in notifying creditors, banks, credit bureaus, and other organisations. The person in question must specify the date of the theft and any transactions that were not made by them.
- Small Estate: It is used to inform the court that your estate meets the criteria for a small estate, allowing for a quicker settlement.
- Marriage: This type confirms a marriage’s legality. It could be used to replace a marriage certificate if it is lost or in states that recognise common law marriage. It may be required for applications for insurance and financial accounts.
- Financial: They confirm an individual’s financial information, such as assets, liabilities, income, debts, and expenses. These are frequently used in divorce proceedings, estate settlements, and loan applications.
- Debt: These documents, in addition to a debt certificate, prove that someone owes you money. These are typically used in bankruptcies.
- Court Affidavits: In some cases, these documents are used in conjunction with testimonies. This includes instances when a witness is unable to appear.
- Power of Attorney: It is used to delegate authority to someone to act on your behalf. They only lose authority if you revoke it or die.
- A Self-proving Will: This is used as proof of the validity of a will and is signed by the individual in question and two witnesses.
- Lost Document: This affidavit replaces critical legal documents that have been lost or destroyed.
Purpose of an Affidavit
An affidavit’s purpose is to formally validate a claim. In a dispute, these legal documents are used in conjunction with witness statements or other evidence. For an affidavit to be valid, the person who signs it must be personally aware of the facts contained within it and must take an oath that they are completely honest within the affidavit.
When it comes to settling a dispute, affidavits are critical pieces of information. Affidavits, when used correctly, can influence a court decision. Some affidavits, such as financial affidavits, also serve to certify facts about the lawsuit parties’ lives. Affidavits, at their core, serve to deliver certifiable facts in a way that can be reasonably guaranteed to be true.
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What Happens on Filing a False Affidavit?
Swearing a false affidavit can result in a charge of Perjury under the Indian Penal Code. It is a serious matter that requires immediate action. Such provisions ensure that people who lie in affidavits are aware of the consequences and are discouraged from committing such crimes.
Final Word
Affidavits can help save a lot of time and money in a variety of legal situations. An attorney may be able to use an affidavit instead of requiring your physical presence in court or another legal proceeding in some cases. A simple action, such as a legal name change, will necessitate a signed affidavit from the petitioner to ensure that the request is not being made for illegal reasons or to defraud creditors. Creating an affidavit for any purpose is simple, whether you need to verify a marriage, verify the domicile of a deceased person, claim assets, or make a formal statement as a witness in court hearings.
FAQs
Ans: An affidavit means or refers to a sworn written statement, made especially under affirmation or oath before an authorised officer or Magistrate. It is written testimony intended to demonstrate to a court or any other agency that certain information is true.
Ans: The following requirements are to be taken care of while creating an affidavit:
• An Affidavit can only be created by an individual and not by any artificial persons such as corporations, associations, or groups of individuals.
• An affidavit should only include facts that are true to the best of the deponent’s knowledge and belief.
• An affidavit can only be sworn before someone who has the authority to attest to it.
• Affidavits cannot be made on behalf of others. The goal is to prevent people from declaring things that are beyond their reasonable knowledge.
Ans: Following are the steps that one must follow while creating an affidavit form:
• Title – This either contains your name or specific information about your case.
• Identity Statement – The following paragraph introduces yourself to the court and provides information about your identity (age, address, etc.)
• Truth Statement – You will swear in this section that the information provided is correct and true to the best of your knowledge.
• Fact Statement – The paragraph(s) that follow will contain your factual statement. Each paragraph should only contain one fact and the details that pertain to it.
• The Final Statement of Truth – After you’ve finished stating your facts, you will swear once more that the information provided above is correct.
• Sign and Notarize – The last section contains signature lines for you, witnesses, and the notary, along with the date.
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