What is an Affidavit?
Affidavit is basically statement made by swearing it before a proper officer. Affidavit is self declaration made by way of a written statement. This written Statement is affirmed (to be signed in person) before relevant official who is capable to administer an oath by the Government. Through an affidavit, the deponent (person signing) declares that the facts provided in the affidavit are true to the best of his/her knowledge. Affidavit can be utilized as evidence in court.
What are the essentials of an Affidavit?
Following are the 4 basic essentials of an Affidavit:
The language of the affidavit should always be in first person, i.e. affidavit cannot be made on behalf of someone.
The person making the affidavit must swear or affirm that the content is true.
- To be signed before
It should be done before an individual authorized to take oaths in respect of the particular type of affidavit.
- Stamp paper
An affidavit has to be printed on at least Rs.100 stamp paper depending on the requirement and the applicable laws.
What if the person making the affidavit doesn’t know English?
If the affidavit is made in English and the person for whom the affidavit is drafted cannot understand English or is suffering from any other disability, in that case it has to be mentioned at the bottom of the affidavit was read, translated or explained in his presence to the deponent (for whom the affidavit is made), that the deponent seemed to understand it and that the deponent should sign or put his/her thumb impression at the bottom of the page.
Which are the authorities before whom the affidavit is to be signed / sworn / affirmed?
An affidavit made can be signed / sworn / affirmed before a –
- Notary Public,
- Executive Magistrate or a Metropolitan Magistrate in the Court
What is more convenient of the above?
Notary Public is a more convenient option as they are individuals authorized by the Government to administer oath and are generally easily available in your local area.
What if you make a false Affidavit?
Swearing a false affidavit can make you liable under the Indian Penal Code for the offence of Perjury. It is a grave offence to extend that it can land you in prison.
Such legal provisions ensure that persons who swear falsely in affidavits are know the consequences and to prevent them from committing such offences.
Types of Affidavits:
Name Change Affidavit
This affidavit can be used in case a person wants to change his/ her name, reason for change can be anything i.e. name change after marriage, etc. or modification in name.
Name Change in Gazette
Gazette means the official record maintained by the Government. Once you apply for a change of name in the Gazette by supporting documents, the Government publishes the change name in its official record i.e Gazette.
Change of Signature Affidavit
If any person wants to change his signature for any reason he/ she can do it with the help of such affidavit.
Change of Address Affidavit
This affidavit can used to prove a persons address if he doesn’t have any address proof. This proof can be for the purpose of passport, pan card, etc.
Affidavit of Proof Date of Birth
If a person doesn’t have a birth certificate as a proof of date of birth or there is discrepancy between the date of birth mentioned in two official identities, in such case an affidavit can be made as a proof of date of birth.
Affidavit of Income Proof
This affidavit can be used when a person wants to declare income as a proof of family income as an evidence in court or for any other purpose.
Affidavit of Gap in Education
This affidavit is required if you have gap in academics (studies). Most of the institutes or universities require affidavit of gap in education if there is gap in studies.
Affidavit of Gap in Employment
This affidavit is required if there is gap in employment and is required to mention why there was a gap.
Any other affidavit
How can Law Tarazoo help you?
You may feel that drafting affidavit is not much of a skill and can be easily copied from a readily available format. However, it is not so, every affidavit has to be properly drafted as per the specific needs. Our Legal Experts at Law Tarazoo help you draft the affidavit as per your requirements including all the required clauses and excluding the irrelevant.