Document
Index

Download Affidavit Format - Sample Affidavit Template used in India

By Mayashree Acharya

|

Updated on: Jul 1st, 2024

|

1 min read

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.

Download ‘Affidavit’ Sample Format
 

Affidavit Under Indian Law

Although the affidavit is considered as proof of the facts stated therein, 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).

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
Can't get yourself started on taxes?
Get a Cleartax expert to handle all your tax filing start-to-finish
Help and support
close
Loading Chat ...
Chatbot LogoChatbot Button
About the Author

I am an advocate by profession and have a keen interest in writing. I write articles in various categories, from legal, business, personal finance, and investments to government schemes. I put words in a simplified manner and write easy-to-understand articles. Read more

Clear offers taxation & financial solutions to individuals, businesses, organizations & chartered accountants in India. Clear serves 1.5+ Million happy customers, 20000+ CAs & tax experts & 10000+ businesses across India.

Efiling Income Tax Returns(ITR) is made easy with Clear platform. Just upload your form 16, claim your deductions and get your acknowledgment number online. You can efile income tax return on your income from salary, house property, capital gains, business & profession and income from other sources. Further you can also file TDS returns, generate Form-16, use our Tax Calculator software, claim HRA, check refund status and generate rent receipts for Income Tax Filing.

CAs, experts and businesses can get GST ready with Clear GST software & certification course. Our GST Software helps CAs, tax experts & business to manage returns & invoices in an easy manner. Our Goods & Services Tax course includes tutorial videos, guides and expert assistance to help you in mastering Goods and Services Tax. Clear can also help you in getting your business registered for Goods & Services Tax Law.

Save taxes with Clear by investing in tax saving mutual funds (ELSS) online. Our experts suggest the best funds and you can get high returns by investing directly or through SIP. Download Black by ClearTax App to file returns from your mobile phone.

Cleartax is a product by Defmacro Software Pvt. Ltd.

Company PolicyTerms of use

ISO

ISO 27001

Data Center

SSL

SSL Certified Site

128-bit encryption