What Is an Affidavit?

Affidavits are one of the most widely used types of legal documents. But the purpose and requirements of these documents are not always as widely known. Before you sign an affidavit, it is important to understand what it is and the implications of signing.

What is an affidavit?

An affidavit is a written statement in which the signer or “affiant” verifies that the document is true. They differ from sworn oaths only in that the relevant parties must sign them instead of swearing them out loud. The person swearing to this written statement is called the affiant. 

Representatives use these legally binding documents in various legal proceedings, such as bankruptcies, writing a will, and divorce proceedings. They are often more convenient than swearing an oath because they do not require the person attesting the information to be present. They are also a more accurate way to keep records of vital details for court cases and other proceedings.

What does an affidavit consist of?

Affidavits include a sworn statement made by the affiant and witnessed by a notary or officer of the law. This statement attests that the facts included in the affidavit are true to the best of the affiant’s personal knowledge. Legal proceedings use these documents to verify evidence for inclusion in trials and other functions.

What are the requirements for an affidavit? 

Because an affidavit is a sworn legal document, it must meet legal requirements such as:

Made voluntarily

Affiants must make the oath featured in their affidavit voluntarily. Their legal representation must prove that no one has pressured the affiant into signing. If a court discovers that the affiant signed unwillingly, they will likely consider the oath inadmissible as evidence. 

Signed

An affidavit must be signed by the person making the statement to be considered legally binding. In many cases, the affiant must also sign the document in front of a witness. That witness is often the notary public, but they could be anyone willing to swear the signature is authentic.

Notarized

Notarization is the most secure way for a court to authenticate an affidavit’s authenticity. Whether or not a notary public must notarize these documents varies by jurisdiction.

Affiants can notarize their affidavits online through remote online notarization. This provides the highest level of security because of the digital “paper trail” this process creates.

Affiants need to learn what their jurisdiction and court require before submitting their documents. For example, affidavits that have been notarized online are not admissible in jurisdictions that do not permit the practice. 

What is an affidavit used for? 

These documents are among the most commonly used in legal proceedings. Here are a few common examples of cases where they may appear:

• Financial statements. In bankruptcy and divorce cases, courts may use financial affidavits to verify relevant financial information. 
• Verification of residence. These documents are a common way for someone to verify their address in the absence of other proof.
• Verification of domicile. When a person dies, their executor can sign an affidavit confirming their final place of residence. 
• Estate planning: Affidavits signed by the estate’s owner must accompany estate planning documents such as wills.
• Marriage. Subjects can use these documents in place of a marriage certificate to verify a person’s marital status. 
• Service. When legal representation files documents, they must submit an affidavit of service along with them. This confirms that the court officers served the documents to all relevant parties. 
• Contract work. Contractors working on government projects submit these documents to verify that they’ve withheld the state taxes.

The law considers signing one of these documents equivalent to testifying under oath. This means knowingly including false information when signing one of these documents is an act of perjury. The penalty for perjury varies from state to state but could include fines, community service, or jail time.

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What is an Affidavit?

In India, the word ‘affidavit’ is used to refer to a document that is sworn or affirmed under oath and deposited for authentication in a court of law. Here we take a look at everything you need to know about making an affidavit in India.

An affidavit, recognized as an attestation in Indian law, is a sworn statement or declaration made by a defendant or plaintiff in a legal proceeding. Its purpose is to establish the truth of specific facts within the legal context. In India, an affidavit serves as a document certifying the authenticity of a statement, often featuring a declaration from the individual signing it. 

How Does an Affidavit Work in India?

Affidavits play a crucial role in Indian legal proceedings, serving as sworn statements made under oath in a court of law. These statements, whether written or oral, are commonly employed to validate the veracity of certain facts. In the written form, the affidavit must bear the signature of the individual making the statement, accompanied by their full name, address, and date of birth. If oral, the statement requires confirmation through an oath or affirmation administered by a notary public or another authorised official.

This legal instrument finds utility in various contexts, such as confirming document validity, verifying personal identity, and attesting to the accuracy of information.

Contents of an Affidavits in India

The contents of an affidavit encompass factual information believed to be true by the declarant. This information can pertain to any relevant aspect of the case or argument under consideration. Affidavits in India function as a crucial tool for presenting evidence in legal cases or supporting a particular stance in an argument.

Different Types of Affidavits in India

In India, affidavits play a crucial role in legal and administrative processes, serving as sworn statements that validate the accuracy of their contents. The three main types of affidavits in India are oral, written, and certified. 

Oral affidavits are suitable for disputes, written affidavits are used as evidence in court or governmental proceedings, and certified affidavits are essential when document accuracy is paramount, such as in citizenship applications.

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How Do You Get an Affidavits?

Acquiring an affidavits involves a straightforward process. Individuals can create a written sworn statement containing relevant information. This statement is then signed in the presence of a notary public, who officially witnesses the signature and verifies the affiant’s identity. Notary public services are available in legal offices, banks, or government offices. Legal assistance is advisable to ensure accuracy and adherence to legal standards.

Purpose of an Affidavits

An affidavits serves the vital purpose of providing a sworn statement of facts or information under oath. This legal document is utilised in various scenarios, including legal proceedings, court cases, immigration matters, and official or administrative processes.

When Affidavits Are Required in India

Affidavits are generally required in India when individuals seek to prove certain claims in court or before government bodies. These documents, signed and sworn to be true by the person making the claim, serve various purposes. Affidavits of truth establish the veracity of statements, while affidavits of identification prove one’s identity. These documents are crucial in legal, administrative, and identity-related matters.

Preparing and Submitting an Affidavit 

An affidavit is a sworn statement or declaration made in legal proceedings, recognized in countries like the United States, Canada, the UK, Ireland, Fiji, New Zealand, and South Africa. In India, affidavits serve as a means to establish facts or provide evidence in various matters.

Typically, affidavits are crafted as declarations by witnesses in civil or criminal cases, and they play a role in proving identity or citizenship. Different jurisdictions may employ affidavits to support applications for relief, such as divorce or bankruptcy.

The contents of an affidavit vary depending on the jurisdiction but commonly involve a signed declaration under oath and a statement of facts. In India, an affidavit may encompass declarations related to the affiant’s name, age, residence, occupation, and statements affirming good character and a lack of criminal record.

Example and Contents of an Affidavit

An affidavit in India, sworn before a notary public or another authorised official, aims to establish the truth of a statement. The contents typically include:

1. Identification: The affiant must provide full name and identification details, including residence address and contact information.
2. Statement of Facts: The affidavit should clearly state the facts being confirmed by the affiant.
3. Signature: The person making the affidavit is required to sign the document.
4. Notarial Seal: The notary public or authorised official must affix their seal to lend official authenticity to the document.

Who Can Use an Affidavit in India?

In India, anyone sworn in before a notary public can use an affidavit. The contents are usually confined to the specific facts relevant to the case at hand. Affidavits play a crucial role in legal proceedings, providing a formal and verified account of facts for consideration by the concerned authorities.

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FAQ’s

What is the purpose of the affidavit?

The primary purpose of an affidavit is to provide a written, sworn statement of facts or information. It is used to confirm the truthfulness of statements made by an individual in legal or official matters.

How do I make an affidavit?

To make an affidavit, an individual needs to follow a few key steps. * First, they must clearly state the facts or information they want to affirm. * The statement should be written in a clear and concise manner. * After preparing the content, the affiant signs the affidavits in the presence of a notary public, who then officially witnesses the signature and verifies the identity of the affiant. * The completed affidavit is then considered a legally binding document.

Who makes an affidavit?

An affidavit is typically made by the person with direct knowledge or involvement in the matters addressed in the statement.

Is affidavit compulsory?

While affidavits are not always compulsory, they are commonly required in various legal, official or administrative processes. Many legal proceedings, court cases, and government applications may request or require individuals to submit affidavits to support their claims or provide essential information under oath.

Is an affidavit valid without a notary?

In many cases, an affidavit may not be considered valid without the presence of a notary public. Notarization adds an extra layer of authenticity and credibility to the document.

Do lawyers make affidavits?

Yes, lawyers can assist in the preparation of affidavits. Individuals seeking legal advice or assistance in drafting a formal and accurate affidavit can consult with an expert from Vakilsearch.

How many types of affidavits are there?

There are several types of affidavits, each serving a specific purpose. Some common types include Affidavits of Identity, Affidavit of Support, Affidavit of Residence, and Affidavits of Name Change.

What is the penalty for a false affidavit?

Making a false affidavit is a serious offence with legal consequences. The penalties for providing false information in an affidavit vary by jurisdiction but often include fines, imprisonment or both. Individuals should exercise utmost honesty when preparing affidavits to avoid legal repercussions.