An Affidavit is a written official statement of fact made by an individual (called a deponent) under an oath. 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. 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.
Although the affidavit is considered as a proof of the facts stated therein, under the Indian law, the courts have no jurisdiction to admit evidence by the way of an affidavit. It is merely treated as an evidence under the Section 3 of the Evidence Act of India. An Affidavit 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 usually has the following information in the below-mentioned order:
- A commencement that states the truth related to a verification, a fine, imprisonment, or a penalty of perjury
- 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.
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
