Affidavit is a declaration of facts made in writing and sworn before a person having the authority to administer oath. All affidavits are verified statements and printed on Stamp papers of different denominations
Who Can Create An Affidavit?
In order to create an affidavit, an individual should have attained majority and should be in a position to understand the nature of the contents sworn.
Essential Features Of An Affidavit:
- An Affidavit should be in writing
- It must be a declaration made by an individual
- It must relate to facts alone
- It must be made in the first person
- It must be sworn before an officer or magistrate who is authorized to administer oath.
Following are examples of the commonly used affidavits in India:
- Name Change Affidavits
- General Name Change Affidavit
- Change of Name After Marriage Affidavit
- Change of Name of Minor Affidavit
- One and the Same Person Affidavit
- Change of Signature Affidavit
- Address Proof Affidavit
- Proof of Date of Birth Affidavit
- Income Proof Affidavit
- Joint Affidavit for Registration of Marriage
- Affidavit for No-criminal record
- Affidavit for Claim Settlement in Bank
- Affidavit for Issue of Duplicate Certificates/Documents/Mark lists
- First Child Affidavit
- Affidavit for Educational Loan
- Anti Ragging Affidavit
- Affidavit for gap in education/employment.
*Swearing of a false affidavit can make a person liable to be charged under the Indian Penal Code for the offence of Perjury.
A notary is a publicly commissioned official who serves as an impartial witness to the signing of a legal document. Document signings where the services of a notary are likely include real estate deeds, affidavits, wills, trusts and powers of attorney. The main reason a notary is used is to deter fraud. Notaries cannot refuse to witness a document based on race, nationality, religion or sex.
A notary, also referred to a notary public, can be used as a way to create a trustworthy environment for the parties to an agreement. For a document to be notarized, it must contain a stated commitment. The document must also contain original signatures from the parties involved. Prior to the signing of a document, notaries ask for photo identification from the participating parties. A notary can refuse to authenticate a document if uncertain about the identity of the signing parties or there is evidence of fraud. The document then receives a notarial certificate and the seal of the notary who witnessed the signings