Affidavit is Legally binding document which is created under an oath, it acts as a testimony of facts and events. It certifies that information is true and accurate to the affiant’s knowledge and belief. Affidavit Drafting includes essential attachments such as documents, records and letters.
All these documents shall be submitted in the court in the situations where individual who shall be present could not cause of specific circumstances. Courts accept affidavits if they are adhere to the particular rules of the court they should be notarised for considering it valid. Although, Affidavit drafting and Affidavit shall be filed with a court registry and copies shall be provided for all the parties which are involved in Lawsuit.
Also, it acts as a Legal Documents for different means as Proof of Identity.
How to Write an Affidavit
1) Title of Affidavit:-
Title appear at top of the affidavit. In the court where the case is being heard, the case number and names of plaintiffs and defendant are listed in the header of Case. It also list the city and state where you sign this Affidavit. Subjecting to the sworn declaration or purpose of Affidavit shall be made clear in Heading or title of document. It mentions the title and subject of the affidavit. Ensuring that the format confirms the rules which are laid under the Indian Evidence Act, 1872.
2) Personal details of Parties:-
It provides details of Affiant Full name, Address, Date of Birth, Occupation and other details. Its not a mandate to mention educational background. Also, you can provide specifics in regard with relation of subject of any criminal complaint.
3) List all Pertinent Details:-
You shall record all the required and proper information, whether it is materialistic or not. It has no restriction on this because all the information and facts which are necessary to cases be included. Affidavit shall have additional letters or documents. The opinions are excluded and all the facts written are truthful accounts whereas lying or false affidavit can result in prosecution and imprisonment upto 7 years.
4) Information
Affiant shall indicates the End of Affidavit to the best of knowledge and belief the information supplied in affidavit is truthful and correct.
5) Notarization and Signature
Affidavit shall be signed by Deponent, who is the person making an Affidavit. Signature of Legal Representative of Deponent which is attached in the affidavit which is meant to be used in the court of law. Otherwise official signatures are used. Finally Notary or Oath Commissioner shall notarise the Affidavit.
Tips to consider while preparing an Affidavit
a. Using Affidavit for Specific Purposes
Different type of Affidavit are made for different legal requirement in India it includes alteration, residence verification, income substantiation and so on. Its essential for ensuring the content within the affidavit aligns with particular purpose for which its made.
b. Reviewing Document
Examining and Analyzing the affidavit for identifying and rectifying the errors, inaccuracies or any hidden information before signing and acquiring notarisation. Any sort of flaw or oversight could find the legal document’s credibility and reliability.
c. Simple Language
Ensuring an Affidavit is transparent and its presentation. Presenting the facts with truthfulness and precision, refrain from Vague expressions or any subject viewpoints. This shall be in Plain and Direct Language for guaranteeing lucidity.
d. Consulting Legal Expert
If Unsure in regards with the subject matter which is in question or even if it is complicated which can result in serious consequences it’s advisable to consult with legal practitioner or an attorney who can guide and ensure complying with Indian Laws.
Always keep a copy of the affidavit. Having a copy of records and provide copies to the relevant parties. It can also be required for referencing the future or evidence in Legal Proceedings.
Types of Affidavit
- General Affidavit
- Affidavit of Identity
- Affidavit of Residence or Domicile
- Affidavit of Support
- Affidavit of Name Change
- Affidavit of Marriage
- Affidavit of Death
- Affidavit of Small Estate
- Affidavit of Heirship
- Affidavit of Parental Consent
- Affidavit of Lost or Stolen Document
- Affidavit of Service
- Affidavit of No Income
- Affidavit of Financial Status
- Affidavit of No Lien
- Affidavit of Good Moral Character
- Affidavit of Residence for Student
- Affidavit of Non-Discrimination
- Affidavit of Support for Child Custody
- Affidavit of Consent for Medical Treatment
Conclusion
While concluding obtaining expertise in drafting the affidavits in a major asset for any person who is engaged in realm of legal paperwork. Affidavit act as sworn declarations of factual information carrying the substantial weight in many legal proceedings and administrative function. Precision and Transparency with such documents which are combined and can have a substantial impact on outcome of cases, application and decisions.
Well crafted affidavits not only upholds these principle of truth and integrity. It also ensure that provided information is precise, comprehensive and legally valid. It ensures that affidavit are correctly drafted and can prove to be extremely advantageous for the person preparing them.
