Download Affidavit Format - Sample Affidavit Template used in India

An Affidavit is a written official statement of fact made by an individual (called a deponent) under an oath. The person who prepares an affidavit declares that the content mentioned in the affidavit is true and accurate, and nothing has been concealed or misstated. Read on to know more about Affidavits and download the Affidavit format.

Download ‘Affidavit’ Sample Format

Affidavit Under Indian Law

Affidavit is a document which is considered as proof of the facts stated in it. However, under Indian law, the courts have no jurisdiction to admit evidence by the way of an affidavit. It is merely treated as evidence under Section 3 of the Evidence Act of India. 

It can be used for verification or penalty of perjury which requires court proceedings. It can be written in first person or third person (depending on, who is drafting the document). It is administered by a person who has the authority to regulate oaths. The affidavit can be signed in front of the notary public or Oaths Commissioner. 

Contents Of Affidavit

It usually has the following information in the below-mentioned order:

• A commencement that states the truth related to verification, a fine, imprisonment, or a penalty of perjury.
• An attested clause on the matter of context, certifying the oath made by the affiant, (the person who is making the affidavit) with the date.
• Signature of the author and the witness.
• It will also include a caption of the venue and the title of the notary public (this serves as a reference in the court). An Affidavit can be required as a piece of documentation in any dispute before a court.

Usage Of Affidavit

The common times when an individual uses an affidavit are:

• Property disputes
• Divorce proceedings
• Debt cases
• Bail pleas
• Family law issues
• Estate planning
• Legal issues
• Name change
• Identify theft cases
• Death
• Date of birth proof
• Bail affidavit
• To issue a legal notice
• House declaration
• Loan agreement
• Rent agreement
• In cases (sometimes) for service of process business

Affidavits are used for various purposes and in different circumstances. This document shows that the facts stated in it are true and correct. It can be self-certifed or certified from a notary public.