In India, what is an affidavit?
The word “affidavit” comes from a Latin word. Its literal meaning is “pledging one’s trust.” The difference between an affidavit and a deposition is that the affidavit is voluntary. Deposition, on the other hand, is not. The consensus is that affidavits are filed with supporting statements attached to the affidavit. Affidavits are often used and serve a variety of functions. However, it is not the same as a contract or an agreement. So what exactly is an affidavit?
An affidavit is a sworn declaration of facts provided voluntarily by an individual under an affirmation or oath performed by an individual who has been given the legal power to do so. Such a declaration is regarded as the authenticity of that individual’s signature by the person administering the oath, such as a commissioner or notary of oaths.
What exactly is a Notarized Affidavit?
A “notarized” affidavit signifies that you have taken the oath that the facts described in the affidavit are actual, that the affidavit has been signed in front of a public notary, and that the public notary has signed and sealed the affidavit. The public notary must observe the signature being presented to the notary. Affidavit stamp paper is to be used in India. The affidavit cannot be written on plain paper.
Why is an affidavit filed?
Affidavits arose from the colonial concept of distrust, in which the British colonial authority deemed it vital that citizens submit a declaration in writing to confirm their word. If an affidavit is filed to indicate our efforts, it may be seen that the government has mistrust in its citizens and does not believe what they have to say. Further, affidavits are regarded as frequent and are created in our daily lives. It has been expected and accepted that any declaration made by a nation through a deposition might be regarded as correct and necessary action may be taken against it.
NRIWAY provides many types of affidavits for use in India.
Affidavits are divided into two categories: judicial affidavits, which are used in court, and non-judicial affidavits, which are used “for a variety of other purposes.” Judicial affidavits are necessary for several reasons, including proving or supporting an application. Non-judicial affidavits are “primarily for business or administrative purposes.” Affidavits for judicial purposes are produced on legal paper, with appropriate court charges and stamps applied. Non-judicial affidavits are written on non-judicial stamp paper. According to a sample affidavit on the Indian government’s Ministry of External Affairs website for applying for a passport, the affidavit must be prepared on “non-judicial stamp paper with a minimum value.”
How to Get an Affidavit in India?
So, how exactly do you draught an affidavit? Each affidavit, including a statement of facts, may be divided into numbered paragraphs. However, it would be best if each section concentrated on a distinct facet of the problem. Each individual, other than a defendant or plaintiff in the case under consideration, may be expressed in such a way that he is recognised. This includes his full name, father’s name, company or occupation, and residence address. When describing facts within his understanding in an affidavit, the affiant should do so directly and positively, using the words “I confirm.”
The affiant must use the words ‘I am informed,’ and, if applicable, ‘and verily consider it to be accurate,’ when stating a specific fact that is not contained within the declarant’s understanding, but rather is stated from information obtained from others – or the affiant may specify the source from which he or she obtained such type of information. For example, when the statement is based on facts represented in papers or duplicates of documents obtained from any court or other source, the affiant may specify the source and express his belief or information about the facts’ veracity in such documents.
Order XI of the Supreme Court Rules and Section 139, Order XIX of the Code of Civil Procedure represent Indian law on affidavits. The judiciary has declared the importance of the correctness of an affidavit in various cases by the virtuousness of the previously stated sections and guidelines.