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Affidavit Forms

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Affidavits are used in a variety of legal contexts, from formal to informal, when an oath must be documented.

Written and signed by the person delivering the oath, it is essentially a compilation of assertions.

Download Affidavit Format:

An affidavit is the term used to describe the process by which a written statement of facts that is certified to be accurate is delivered before a person who has authority.

In India, the following types of people are eligible to take an affidavit under oath:

Magistrate of the Executive, Magistrate of the Judicial, or any Judge Commissioner of Oaths

The Notaries Act of 1952 authorised the notary to perform their duties.

Significance of Affidavit:

The majority of the time, affidavits are used in the legal system, namely in the courtroom and throughout the negotiating process.

Affidavits are used as the primary basis for issuing orders in most cases, with the exception of final judgements.

An affidavit is considered to be a piece of evidence in accordance with the Indian Evidence Act, which is an important fact to keep in mind.

In spite of the fact that affidavits may be used in both civil and criminal processes, their most common use are in bankruptcy and family law matters.

Procedure to Draft an Affidavit:

In order for an affidavit to be considered legitimate, it has to be signed in front of witnesses and notarized.

An affidavit does not need to be written by an attorney, since this is not a requirement. Despite the fact that it is a legal document, anybody may write it up and submit it for review.

Despite the fact that there are several kinds of affidavits, they all have a few essential components, including the following:

Title

The declaration being made under oath is the only information provided in the title. Include the swearer’s full name in the document.

To be admissible in court, an affidavit must include specific information about the case, including the case number, plaintiffs’ names, and defendants’ names.

Identity

One’s own identity has to be stated. Identifying details about the affiant, such as their full name, age, employment, and place of residence, must be included in an affidavit. It’s important to bring up the details that pertain to the profanity.

Statement of Truth

The affidavit must include an acknowledgment that the facts it sets out are accurate to the best of the deponent’s knowledge. The use of the first person is required.

Statement of facts

It’s important to provide all of the pertinent details. It has to be crystal-clear and exact. If additional people are referenced in the story, their names and addresses should be included.

Reiteration

A concise summary of all the facts must be provided, and the deponent must affirm that the facts presented are accurate to the best of his or her knowledge before signing the affidavit.

Notarise

When an affidavit is complete, the last thing that needs to be done is for the deponent to sign it and then have the document notarized by the certified authority.

Format of an Affidavit

Even while affidavits are often used in legal proceedings, this does not always indicate that they are only utilised when things become complicated.

In addition to more complex legal matters, affidavits may be useful in everyday circumstances when clear evidence of identity or residency is required, such as when applying for a passport, dealing with a property dispute, changing one’s name, etc.

It’s also useful in cases when important papers or certifications have been misplaced. In summary, an affidavit may be utilised when a scenario calls for a person to substantiate a fact. Here are some samples of completed affidavits.

Change of Name Affidavit

Few individuals may have any interest in changing their names for religious or cultural reasons. After getting married, the majority of women think about permanently changing their surname.

There are occasions when people choose a slightly different spelling of their name. In addition, an affidavit for a change of name application must be submitted under certain conditions.

Steps for changing the name legally:

Step1:

Step1:

In the form of an affidavit, explain why you think the name of the individual in question needs to be changed or corrected.

Step 2:
Newspaper Publication

Put up notices in two newspapers with wide circulation in the region of residence announcing the name change. In addition, the ads should be copied and stored for later use.

Third, get it published in the Gazette of India.

Submit the Name Change Notification, Supporting Documents, and Publication Fees to the Official Gazette of India.

Affidavit for Name Change:

I Mr/Ms ____________S/o______________ Daughter of ______________, aged around ______________years, resident of ______________, do hereby solemnly affirm and declare as under:

  1. That my name as per the records in my educational institution is ______________ (XYZ)
  2. By virtue of this affidavit, I changed my name as _________ on (date of change of name)
  3. Currently all the records have my changed name _________
  4.     That I shall at all times, in all dealings and proceedings sign the name _________   as my name thereby substituting my former name
  5. I am getting a public notice published to this effect in the Newspaper
  6. Also, I state that (earlier name), and the (present name) is the name of the same person, and that is myself.

This declaration is hereby executed and submitted to the concerned authorities to accomplish the change of name.

I hereby state that whatever is stated hereinabove is true to the best of my knowledge.

Solemnly affirmed at ________ )

On this ____ day of ______ 20 ) (Signature of the Applicant).

Deponent

VERIFICATION:

Verified on this day—————–at ———————that the contents of the affidavit are true and correct, nothing material has been concealed and no part of it is false.

Deponent.

2. Address Proof Affidavit:

There are several situations in which a proof-of-residence affidavit is necessary.

In addition, an affidavit of residency is required for people who do not have a legal document for address verification.

Thus, the affidavit for address evidence is required while applying for many papers, including but not limited to the following:

  • Driving license
  • Pan card
  • Passport
  • Bail
  • Evidence claims

Affidavit Format for Address Proof:

I, _________ Son/Daughter of _________, resident of ___________ do hereby solemnly affirm and declare as under:-

  1. That my date of birth is _________
  2. That I’ve been a resident at the above-mentioned address from _________ years
  3. That I hereby furnish my photograph and initials in this affidavit as proof of my signature and identity
  4. Apart from this affidavit, I have no other documentary proof in support of my residence.

Deponent

VERIFICATION:

Verified that the contents of my above affidavit are true to the best of my knowledge and belief and nothing concealed therein.

Verified at _________ on _________

Deponent

Online Affidavit Sample:

As a result, affidavits are now essential for not just legal but also everyday actions.

Since the British mandated that individuals swear to the accuracy of sworn affidavits, the practise has persisted to the present day.

Since the time before independence, it has been widely accepted that the statements made on an affidavit represent the honest truth.