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Affidavit is a statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath. The person making the signed statement takes an oath that the contents are, to the best of their knowledge, true.
Types of affidavits
There are several kinds of affidavits such as, but not limited to:
- Affidavit of Small Estate
- Affidavit of Heirship
- Affidavit of Name Change
- Affidavit of Death
- Identity Theft Affidavit
- Affidavit of Service
- Change of signature affidavit
- Address proof affidavit
- Proof of date of birth affidavit
- Income proof affidavit
- Joint affidavit for Registration of Marriage
- Affidavit for no criminal record
- Affidavit for claim settlement in bank
Essential attributes of an affidavit
- It must be in writing
- It must be in first person
- It must be a declaration made by an individual
- It must relate to facts and not inferences of the same
- It must be a sworn statement made or before a magistrate or any other authorised officer
Legality of an affidavit
It is a criminal offence under section 191, 193, 195 or 199 of Indian Penal code, 1860 to make false affidavit or filing false affidavit or false document in evidence before court of law.
Due to filing a wrong affidavit in the court further, criminal contempt of court proceedings can be initiated against the person.
Sec 191: Giving false evidence
Sec 193: Punishment for false evidence
Sec 195: Giving or fabricating false evidence with intent to procure conviction of an offence punishable with for life or with imprisonment for 7 years or upwards
Sec 199: False statement made in declaration which is by law receivable as evidence
- Consultation with our Expert
- Drafting of Affidavit
- Identity proofs of the person signing the Affidavit
- Purpose of Affidavit
- Specifications, if any, that has to be included
Affidavits are made as a proof for the court, which states information/statements that an individual swears to be true.
A Notary Public is a person authorised by relevant government who is authorised to draw and validate a legal document.
The person who makes or affirms the statements in an affidavit is called the Deponent.
An affidavit to be deemed valid has to be executed on a stamp paper or has to be duly stamped and has to be notarized either by a Notary Public or Commissioner of Oaths. The rate of stamp duty differs from state to state. For instance, the applicable stamp duty for the same is Rs. 10 in Haryana and Rs. 50 in Rajasthan.
If a person files a false affidavit, then he/she becomes liable to be punished under section 193 of Indian Penal Code. The punishment for filing a false affidavit with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Yes, while transferring his/her right or power of attorney, the person must make an affidavit to delegate such right(s) to another person.
In Haryana, an Executive Magistrate (Tehsildar) has the authority to notarize the documents. The power shall be delegated as per Haryana government. In other states a Notary Public has the power to notarize an affidavit or as per the state government.