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Sworn Statement
Before Authority
Notary/Oath Commissioner
Administer Oath
First Person
Deponent/Narrator
Evidence
Admissible in Court

What is an Affidavit?

An Affidavit is a written statement of facts voluntarily made by an affiant or deponent under an oath or affirmation, administered by a person authorized to do so by law. It is used as evidence in court proceedings, government applications, property transactions, and various other legal matters. The person making the affidavit signs it in the presence of a notary public, oath commissioner, or other authorized official.

Legal Basis: Affidavits are governed by the Code of Civil Procedure, 1908 (Order 19) and the Evidence Act, 1872. Notarization is regulated by the Notaries Act, 1952.

Essential Components of an Affidavit

Deponent Details

  • Full name of deponent
  • Father's/Husband's name
  • Age and occupation
  • Complete residential address

Declaration Section

  • Statement of facts in numbered paragraphs
  • Based on personal knowledge/belief
  • Source of information (if any)
  • No false statements

Verification Clause

  • Statement that contents are true
  • Signed by deponent
  • Date and place of signing

Jurat (Oath Section)

  • Sworn before authorized officer
  • Signature and seal of notary
  • Date of oath administration

Sample Affidavit Format

Standard Affidavit Format

AFFIDAVIT I, [Name of Deponent], son/daughter/wife of [Father's/Husband's Name], aged [Age] years, resident of [Complete Address], do hereby solemnly affirm and state on oath as follows: 1. That I am the deponent herein and am well acquainted with the facts and circumstances of this case. 2. That [State the first fact - be specific and factual]. 3. That [State the second fact - continue numbering paragraphs]. 4. That [State the third fact]. 5. That I am stating these facts on the basis of my personal knowledge and records available with me. 6. That I verify that the contents of this affidavit are true and correct to the best of my knowledge and belief. I further state that nothing material has been concealed and no false statement has been made herein. DEPONENT VERIFICATION I, [Name of Deponent], the above-named deponent, do hereby verify that the contents of the above affidavit are true and correct to the best of my knowledge and belief. No part of it is false and nothing material has been concealed therefrom. Verified at [Place] on this [Date] day of [Month], [Year]. ______________________ (Signature of Deponent) IDENTIFIED BY: ______________________ (Advocate/Identifier) BEFORE ME ______________________ Notary Public / Oath Commissioner (Seal)

Affidavit for Name Change (Sample)

AFFIDAVIT FOR CHANGE OF NAME I, [Old Name], son/daughter/wife of [Father's/Husband's Name], resident of [Complete Address], do hereby solemnly affirm and state on oath as follows: 1. That my name as recorded in all documents is [Old Name]. 2. That I wish to change my name from [Old Name] to [New Name] for [reasons - marriage/personal/religious]. 3. That I have publicly announced my name change through [publication in newspaper/affidavit]. 4. That I am not changing my name for any illegal or fraudulent purpose. 5. That I shall use the name [New Name] for all future purposes. DEPONENT VERIFICATION Verified at [Place] on [Date]. ______________________ (Signature of Deponent) BEFORE ME ______________________ Notary Public (Seal)

Affidavit for Income / Financial Status

AFFIDAVIT OF INCOME / FINANCIAL STATUS I, [Name], son/daughter/wife of [Father's Name], resident of [Address], do hereby solemnly affirm and state on oath as follows: 1. That I am the deponent herein and am fully aware of my financial status. 2. That my monthly income is approximately ₹[Amount] from the following sources: a) Salary/Profession: ₹[Amount] b) Business: ₹[Amount] c) Rent/Pension: ₹[Amount] d) Other sources: ₹[Amount] 3. That my monthly expenses are approximately ₹[Amount]. 4. That I possess the following assets: a) Immovable property: [Details] b) Movable assets: [Details] c) Bank balances: [Details] 5. That I have no other source of income other than those mentioned above. DEPONENT VERIFICATION Verified at [Place] on [Date]. ______________________ (Signature of Deponent) BEFORE ME ______________________ Notary Public (Seal)

Notarization Process for Affidavit

1

Draft Affidavit

Write on plain paper/stamp paper

2

Deponent Signs

In presence of notary

3

Notary Verifies Identity

Check ID proof of deponent

4

Oath Administered

Notary administers oath

5

Notary Signs & Seals

Affixes signature and official seal

Important Note: The deponent must appear in person before the notary public. The notary will verify the deponent's identity through a valid ID proof (Aadhaar, PAN, Voter ID, Passport) before administering the oath.

Common Uses of Affidavit

Court proceedings and evidence Name change / correction Date of birth proof Legal heir/succession certificate Property transactions Educational certificates verification Income/financial status declaration Passport and visa applications Affidavit of support (sponsorship) Address proof Marriage certificate Birth certificate (non-availability)

Documents Required for Affidavit Notarization

Identity Proof (Any One)

  • Aadhaar Card
  • PAN Card
  • Voter ID Card
  • Passport
  • Driving License

Address Proof (Any One)

  • Aadhaar Card (serves both purposes)
  • Passport
  • Utility bill (electricity/water)
  • Bank statement
  • Rent agreement
Note: Original documents must be produced for verification. The notary will return the originals after verification.

Legal Requirements for a Valid Affidavit

Must be in first person Must contain only facts (not opinions) Must be signed by deponent Must be sworn before authorized officer Must have notary seal and signature Must indicate place and date Must state source of information (if not personal knowledge) False affidavit is punishable as perjury

Consequences of False Affidavit

Legal Consequences: Making a false affidavit is an offence punishable under Section 191 (giving false evidence) and Section 193 (punishment for false evidence) of the Indian Penal Code. It can lead to imprisonment and fine. Additionally, the court may initiate contempt proceedings.

Frequently Asked Questions

Q1: Is notarization of affidavit mandatory?
For most legal purposes, an affidavit must be notarized or sworn before an oath commissioner to be admissible as evidence. Some government applications may accept self-attested affidavits, but notarization is generally required.
Q2: Can an affidavit be made on plain paper?
Yes, an affidavit can be made on plain paper. There is no requirement to use stamp paper. However, some specific purposes (like name change) may require stamp paper as per local rules.
Q3: Who can notarize an affidavit?
A Notary Public appointed under the Notaries Act, 1952, or an Oath Commissioner appointed by the High Court, or a Judicial Magistrate can notarize/administer oath for affidavits.
Q4: Does the deponent need to appear before notary?
Yes, personal appearance of the deponent before the notary is mandatory. The notary will verify identity before administering the oath and signing the affidavit.
Q5: What is the difference between affidavit and declaration?
An affidavit is sworn under oath before an authorized officer. A declaration is simply a signed statement without oath. Affidavit has higher evidentiary value in court.
Q6: Can an affidavit be made in regional languages?
Yes, affidavits can be made in English, Hindi, or any regional language. However, for court purposes, an English translation may be required if the original is in a regional language.
Q7: What is the validity period of an affidavit?
An affidavit is valid for the purpose for which it was made. There is no fixed expiry date, but for matters like income declaration, a recent affidavit (typically within 3-6 months) is preferred.
Q8: Can a witness sign an affidavit on behalf of someone?
No. The deponent must sign the affidavit themselves. If the deponent is illiterate, they can affix their thumb impression, and the notary must record that the contents were read over and explained to them.
Legal Disclaimer (BCI Compliant):
The Affidavit formats provided on this page are for educational and reference purposes only. This does not constitute legal advice. Affidavit requirements may vary depending on the specific purpose and jurisdiction. Always consult a qualified lawyer or notary public for drafting and executing affidavits specific to your situation.